| Please read this Terms and
Conditions of Service document carefully before
accessing, using, becoming a member, or referring
this service. This service, located at http://www.advisorselect.com
(the "Site"), is owned and operated
by 123jump.com,
Inc. (d/b/a "AdvisorSelect.com")
and is made available to you under these terms
and conditions of service ("Terms").
By accessing or using the service, you agree that
you have read and understand this Agreement and
all of its contents, intend this Agreement to
be the legal equivalent of a signed, written contract
and equally binding, and that you will be subject
to all of the terms and conditions in this Agreement.
If you do not wish to be bound by these terms
and conditions, you may not access or use the
service. AdvisorSelect.com
may modify this agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified agreement. You agree to
review the agreement periodically to be aware
of such modifications and your continued access
or use of the service shall be deemed your conclusive
acceptance of the modified agreement.
This service is provided for general educational,
informational, and research purposes only and
is not an endorsement, recommendation, or guarantee
of any service, product, or professional, community,
organization or opinion. AdvisorSelect.com
is not involved in any transactions between
individuals visiting the Site ("Users")
and the advisors who receive referrals or advice
as a result of information provided by Users
on the Site ("Advisors"). AdvisorSelect.com
has no control over the quality or legality
of any services provided by the Advisors, broker,
consultants and planners to the Users or the
quality or suitability of a given Advisor for
a given User. You are encouraged to personally
interview, obtain references and reach an independent
decision about your choice of advisor. AdvisorSelect.com
may receive a fee from advisors listed in the
service. Selection of a participating professional
to represent or advise you in any matter is
your sole responsibility. The Site does not
provide financial services or investment advice
of any kind. Past performance of any Advisor
is not an indication of future performance.
By submitting personal information through
the Site, you grant permission to 123jump.com
and Site to provide this information to the
selected advisors. 123jump.com
will use this information to allow the selected
advisors to make contact with you. We may also
contact you directly to discuss your satisfaction
with the service, but we will not provide your
contact information to anyone else except if
required by law.
The information and materials found on this
Site are not an offer to sell or a solicitation
of an offer to buy any security or investment
product or service, nor shall any such security,
product, or service be offered or sold to any
person, in any jurisdiction in which such offer,
solicitation, purchase, or sale would be unlawful
under the securities laws of such jurisdiction.
AdvisorSelect.com
may post the advertisements of third parties
on this Site or in email communications. The
acceptance by Site of advertising is not intended
as and does not in any manner constitute a recommendation,
endorsement, or approval by Site or 123jump.com.
123jump.com
or Site shall not be liable for any loss or
damage of any sort incurred as a result of any
dealings with any advertiser or as the result
of the presence of such advertisers on the Site
or as a result of any dealings between you and
any Investor.
You expressly absolve and release AdvisorSelect.com
from any claim of harm resulting from a cause
beyond AdvisorSelect.com's
control, including, but not limited to, failure
of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft,
operator errors, severe weather, earthquakes,
or natural disasters, strikes or other labor
problems, wars, or governmental restrictions.
ADVISORSELECT.COM
MAY MAKE AVAILABLE TO YOU ON THE SITE OR OTHERWISE
CERTAIN INFORMATION, PRODUCTS AND SERVICES.
WHILE ADVISORSELECT.COM
ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE
INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS,
AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER,
ADVISORSELECT.COM
MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS
SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES
DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY
REASON. ADVISORSELECT.COM
EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION
WITH WHICH OF THE ADVISORS OR USERS YOU OR ANYONE
ELSE IS POTENTIALLY MATCHED AND THE MANNER/PROCESS
USED IN SUCH POTENTIAL MATCHING.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR
RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES
AVAILABLE ON THIS SITE OR INFORMATION OTHERWISE
PROVIDED TO YOU BY ADVISORSELECT.COM
OR OBTAINED AS A RESULT OF YOUR USE OR OTHER
INVOLVEMENT WITH THE SITE (THE "AVAILABLE
INFORMATION"). ADVISORSELECT.COM
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY,
COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY,
OR ACCURACY OF THE INFORMATION, PRODUCTS, AND
SERVICES DESCRIBED OR CONTAINED ON THIS SITE
OR THE OTHER AVAILABLE INFORMATION FOR ANY PURPOSE.
ALL SUCH INFORMATION, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL ADVISORSELECT.COM
BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THIS SITE
OR WITH THE DELAY OR INABILITY TO USE THIS SITE,
OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES
OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING
OUT OF THE UTILIZATION OF THIS SITE OR THIS
AGREEMENT, WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISORSELECT.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY. NOTWITHSTANDING, AND
WITHOUT LIMITING THE FOREGOING, TOTAL LIABILITY
FOR ADVISORSELECT.COM
FOR ANY REASON WHATSOEVER UNDER THIS AGREEMENT
AND/OR RELATED TO USE OF THE SITE SHALL NOT
EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID
BY YOU TO ADVISORSELECT.COM
UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD
PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM
AROSE, AND FOR ANY PARTICULAR DISPUTE SHALL
NOT, IN ANY EVENT, EXCEED THE TOTAL AMOUNT PAID
BY YOU TO ADVISORSELECT.COM
IN CONNECTION WITH THE SUBJECT MATTER OF THE
PARTICULAR DISPUTE.
You agree to defend, indemnify, and hold harmless
AdvisorSelect.com
and its affiliates, all of their employees,
agents, directors, officers, proprietors, partners,
representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, from
and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or
arising out of or in connection with any claim,
suit, action, or other proceeding brought against
Advisorselect.com
or such party, to the extent that such claim,
suit, action or other proceeding is based on
or arises from: (a) your provision of services
to any third party, regardless of whether or
not they are Users using the Site; (b) any breach
of any representation, warranty, covenant or
agreement to be performed by you hereunder;
and (c) any information that you have posted
to the Site and/or any content on your Web Sites
or otherwise given to Users; provided that AdvisorSelect.com
or such party provides you with written notice
of such claim, suit or action and reasonable
information and assistance related to defending
and/or settling any such claim, suit, action
or other proceeding. The provisions of this
Section 24 shall survive the termination of
this Agreement or your termination or suspension
from the Site.
This Site is controlled and operated by AdvisorSelect.com
from its offices within the United States. AdvisorSelect.com
makes no representation that materials in the
Site are appropriate or available for use in
other locations, and access to them from territories
where any of the contents of this Site are illegal
is prohibited. Those who choose to access this
Site from other locations do so on their own
volition and are responsible for compliance
with applicable local laws.
This Agreement shall all be governed and construed
in accordance with the laws of the State of
Florida applicable to agreements made and to
be performed in the Florida. You agree that
any legal action or proceeding between the SITE
and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall
be brought exclusively in a federal or state
court of competent jurisdiction sitting in Florida.
Any cause of action or claim you may have with
respect to the Service must be commenced within
one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
AdvisorSelect.com's
failure to insist upon or enforce strict performance
of any provision of this Agreement shall not
be construed as a waiver of any provision or
right. Neither the course of conduct between
the parties nor trade practice shall act to
modify any provision of this Agreement. AdvisorSelect.com's
may assign its rights and duties under this
Agreement to any party at any time without notice
to you.
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