| Welcome to AdvisorWorld.com. We provide our services to you subject to the following Terms of Use ("TOU"):
1. ACCEPTANCE OF TERMS OF USE
By using AdvisorWorld.com, you agree to be bound by all terms and conditions contained in the TOU. If you do not agree with the terms and conditions of the TOU at any time, you will discontinue your use of AdvisorWorld.com.
AdvisorWorld.com reserves the right to update or revise the TOU at its discretion and without notice. You are responsible for checking the TOU periodically for changes. You can review the most current version of the TOU at any time at: http://www.AdvisorWorld.com/tou.html. If you continue to use AdvisorWorld.com following the posting of any changes to the TOU, you agree to be bound by these changes.
In addition, when using particular AdvisorWorld.com services, you and AdvisorWorld.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
The material that appears on AdvisorWorld.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. AdvisorWorld.com is not responsible nor makes any warranty or endorsement regarding any services offered through its website. We are also not responsible for controlling the services offered for sale, and the losses that you may incur while dealing with another individual through the site. If a situation arises from a disputed transaction between you and another user through the site, AdvisorWorld.com cannot and will not become involved due to the fact that we have no control of the transaction between a professional advisor and consumer or purchaser.
2. DESCRIPTION OF SERVICE
AdvisorWorld.com is an online professional referral listing that specializes in listing professionals, advisors, planners, specialists and consultants and providing information in the fields of estate planning, financial and investment advice, mortgage brokerage, and legal advice, for the purpose of bringing together advisors and consumers, and providing forums where questions are answered by professionals. You further understand that the any of the terms, including fees, of any of the services provided by the advisor shall remain subject to direct negotiation between the buyer and the advisor. As a neutral facilitator in this virtual marketplace, AdvisorWorld.com is not directly involved in the actual transactions between users of the Service. You understand and agree that AdvisorWorld.com has no control over the truth, accuracy, quality, legality, or safety of postings made by advisors and the like. You understand and agree that AdvisorWorld.com cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, advisors, professionals, consultants, specialists, brokers and the like, nor does AdvisorWorld.com guarantee the services that are offered up through the referral on this site. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any user of the Service.
3. ADVISORS/POSTERS
When posting your advisory services on AdvisorWorld.com, or offering your services or making your services available upon referral you are deemed as Advisor. By clicking on "JOIN US" and registering with the AdvisorWorld.com website on the "Free Directory Listing" or the "Elite Advisor Referral Program (EARP)", you are designating yourself as an "Advisor". Advisors are specialists, planners, professionals, consultants and the like who have chosen to register an account with AdvisorWorld.com in order to post a listing or obtain referrals from potential customers. Furthermore, you acknowledge that you are prepared to provide the requisite services you have posted or made available for referral purposes. To list your available services on AdvisorWorld.com, advisors are required to provide current and accurate contact information. The responsibility for the information in the posted advertisements rests with each seller.
AdvisorWorld.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of AdvisorWorld.com deem inappropriate.
Although AdvisorWorld.com cannot monitor all the information or postings to our website, it reserves the right, but assumes no obligation, to delete, move, or edit any postings, listing, advertisement or other information that it deems are either unacceptable or inappropriate, whether for legal or other reasons. By using AdvisorWorld.com's services you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use or enjoy AdvisorWorld.com. AdvisorWorld.com reserves the right to deny access and usage to anyone who it believes has violated any of the aforementioned terms of this policy.
You understand and agree that the Services are provided "AS-IS" and that AdvisorWorld.com assumes no responsibility for the timeliness or non-delivery.
4. CUSTOMERS
By searching the listings that have been posted on the AdvisorWorld.com website, and/or making inquiries utilizing the forums and or applications for a quotation sections, you are designating yourself as a "Customer". "Customers" are entities that are potentially interested in purchasing the services of one of the advisors that have posted or registered with the AdvisorWorld.com website.
The website provides a venue whereby Customers can view listings for advisors, specialists, consultants, and planners and related information that may be of interest to them, and the information that is available to contact the seller. We do not control the actual transactions between Advisors and Customers.
5. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at: [http://www.AdvisorWorld.com/article-56.html->http://www.AdvisorWorld.com/article-56.html].
6. MINORS
Minors under the age of eighteen are not eligible to use the Service or to register for any accounts. You are fully responsible for your child's online conduct and the consequences of any misuse of the Service by your child.
7. USER REGISTRATION OBLIGATIONS
In consideration of your use of the Service, where applicable, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AdvisorWorld.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AdvisorWorld.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
8. USER ACCOUNT
You will receive an account designation, along with its associated User ID and Password, upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify AdvisorWorld.com of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. AdvisorWorld.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
9. AdvisorWorld.com CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will AdvisorWorld.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of AdvisorWorld.com.
AdvisorWorld.com does not confirm or verify if a professional claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.
10. THIRD PARTY CONTENT
The Service may provide, or Advisors and other advertisers ("Advertisers") may provide, links to other websites or resources. Because AdvisorWorld.com has no control over such websites and resources, you acknowledge and agree that AdvisorWorld.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that AdvisorWorld.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
11. DEALINGS WITH PROFESSIONALS
Your correspondence or business dealings with, or participation in the promotions of, the Advisors, Advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advisor or Advertiser. You agree that AdvisorWorld.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advisors or Advertisers on the Service.
12. MONITORING
You acknowledge that AdvisorWorld.com does not pre-screen Content but that AdvisorWorld.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You also acknowledge that AdvisorWorld.com does not pre-screen its advisors. Without limiting the foregoing, AdvisorWorld.com and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AdvisorWorld.com or submitted to AdvisorWorld.com, including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service.
You acknowledge and agree that AdvisorWorld.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AdvisorWorld.com, its users and the public.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AdvisorWorld.com may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on AdvisorWorld.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AdvisorWorld.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AdvisorWorld.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AdvisorWorld.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. MODIFICATIONS TO SERVICE
AdvisorWorld.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AdvisorWorld.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. TERMINATION OF ACCESS
You agree that AdvisorWorld.com, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, or referrals thereof for any reason, including, without limitation, for lack of use or if AdvisorWorld.com believes that you have violated or acted inconsistently with the letter or spirit of the TOU. AdvisorWorld.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that AdvisorWorld.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AdvisorWorld.com shall not be liable to you or any third-party for any termination of your access to the Service.
16. INDEMNITY
You agree to indemnify and hold AdvisorWorld.com, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
17. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
18. CONTENT SUBMITTED BY USERS
AdvisorWorld.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AdvisorWorld.com a world-wide, royalty free and non-exclusive license to publish the Content submitted.
19. FEEDBACK
You will be able to post feedback about other users, and other users will be able to post feedback about you, on publicly accessible areas of the Service. You acknowledge and agree that all comments and views contained in the feedback are those of the respective users and not of AdvisorWorld.com. You acknowledge and agree that under no circumstances will AdvisorWorld.com be held responsible for the feedback posted by any user or third party.
20. AdvisorWorld.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AdvisorWorld.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
AdvisorWorld.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AdvisorWorld.com for use in accessing the Service.
21. TRADE-MARK INFORMATION
AdvisorWorld.com, the AdvisorWorld.com logo, and other AdvisorWorld.com brand names and logos are trade-marks of AdvisorWorld.com Inc. All other company names, brand names and logos used on AdvisorWorld.com are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from AdvisorWorld.com or the trade-mark owner.
22. COPYRIGHT INFORMATION
The Content on AdvisorWorld.com is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.
23. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AdvisorWorld.com EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AdvisorWorld.com MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, UP-TO-DATE, COMPLETE, UNTAMPERED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
c. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AdvisorWorld.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
24. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AdvisorWorld.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AdvisorWorld.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
25. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 24 AND 25 MAY NOT APPLY TO YOU.
26. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
27. NO AGENCY
You and AdvisorWorld.com acknowledge that no independent contractor, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.
28. GENERAL INFORMATION
The TOU constitute the entire agreement between you and AdvisorWorld.com and govern your use of the Service, superseding any prior agreements between you and AdvisorWorld.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
You and AdvisorWorld.com expressly exclude the application of the {United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (Ontario)}, as amended, replaced or re-enacted from time to time.
This portal is physically located on a server in Ontario, Canada and the laws of the province of Ontario and the federal laws of Canada shall apply without regard to the conflict of laws principles. The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with AdvisorWorld.com.
You and AdvisorWorld.com agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of AdvisorWorld.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the {Arbitration Act, 1991, S.O. 1991, c. 17.}
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