Terms and Conditions
Terms of Use | Privacy Policy
Welcome to AdvisorData.com (the “Site”). So that you may fully enjoy our Site, we would like you to be aware of the rules that will govern your use of the Site. As used in this User Agreement, “you” and “your” refers to the user of the Site, and, if you are under the age of 18 “you” and “your” includes your parents or legal guardian. “We” and “us” refers to Advisor Resource Management Group (“ARM Group”).
Please read this User Agreement carefully before using the Site. Once you agree to this User Agreement, you will be granted access to the Site until your account expires, unless your access is terminated earlier for reasons described in this User Agreement.
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify you of the changes and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to use the Site. However, please note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period at the time of amendment.
Registration and Your Account
When you enter the Site, you will be asked to register by making up a username and password. We recommend that you do not use personal information that can identify who you are when choosing your username.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME, PASSWORD AND ’S SECRET CODE IN A SAFE PLACE OFFLINE.
ARM Group reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it, as long as your Registration Period has not expired. Reactivation may take a few minutes
Ownership of Intellectual Property and Restrictions on Use of Materials
All materials contained on the Site, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of Advisor Resource Management Group, its subsidiary and/or affiliated companies, third party licensors and/or other respective owners (collectively the “ARM Group Materials”), and are protected, without limitation, by U.S. and foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any ARM Group Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the ARM Group Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the ARM Group Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the ARM Group Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not use the ARM Group Materials in a manner that suggests an association with any of our products. You may not make any modifications to any ARM Group Materials.
If you download software from the Site, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. ARM Group keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Using the Site
The Site is provided by ARM Group and is intended to be informative. ARM Group expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using the Site”.
Users of the Site must not:
1. Attempt to circumvent the security or to negatively impact the performance of the Site, including password protection and encryption associated with the Site through manual attempts, viruses, spam or “Worms”
2. Use the Site in such a way as to offend or interfere with the use by anyone else of the Site;
3. Submit materials to the Site that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy;
4. Sell, trade or barter any items earned through the Site;
5. Attempt to gain access to the Site in a fraudulent manner, including but not limited to using fraudulent codes;
6. Attempt to gain access to any other user’s accounts;
7. Attempt to ascertain any other user’s password, codes and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication;
8. Attempt to use the Site for any purposes other than those intended by ARM Group, as determined by ARM Group in its sole discretion; or
Privacy
Your privacy is important to ARM Group. We have a separate privacy policy about how we treat your information. To view our Privacy Policy, please click the Privacy Policy link.
DISCLAIMER
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.
INDEMNITY
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD ARM GROUP, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “ARM Group PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE ARM Group PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE ARM Group PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ARM GROUP.COM SITE OR ANY OF THE MATERIALS OR FUNCTIONS AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT, IF ANY, PAID FOR YOUR ARM GROUP (S), OR $100, WHICHEVER IS LESS.
General Provisions
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed hereto and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in Denver City and County Court, in Denver, Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.