USE OF ADVISORY ALPHA SITES
The Advisory Alpha Sites are intended for only for your personal, non-commercial use, unless you and Advisory Alpha have agreed otherwise in writing.
ADVISORY ALPHA INVESTMENTS SITES AND COMPANIES
Advisory Alpha is an affiliate of other financial services companies. Some of these entities are financial services companies that may be registered under federal or state laws.
The following Advisory Alpha affiliates are Registered Investment Advisers that provide investment advisory and financial planning services and support:
Planners Alliance, LLC, 148 S. River, Ste. 301, Holland, MI 49423
Simplicity Wealth, LLC, 148 S. River, Ste. 301, Holland, MI 49423
INFORMATION FOR FOREIGN INVESTORS
The Advisory Alpha Sites are intended to be made available only to persons in the United States, and the information on this web site is only for such persons. Nothing on the Advisory Alpha Sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
Generally, the Advisory Alpha Sites are not intended to provide tax, legal, insurance or investment advice, and nothing on the Advisory Alpha Sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Advisory Alpha or any third party. However, certain tools available on the Advisory Alpha Sites may be deemed to provide general investment advice within the meaning of the securities laws based upon your or your client's personalized input. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for your client based on his or her investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your or your client's specific legal or tax situation.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
The Advisory Alpha Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Advisory Alpha Sites, including any text, graphics, video, audio, software code, user interface design or logos. Unless you and Advisory Alpha have agreed otherwise, links from another web site to an Advisory Alpha Site must resolve to the top-level homepage of an Advisory Alpha domain (e.g., www.Advisory Alpha.com). In order to avoid confusion if you do link from another web site to an Advisory Alpha top-level homepage, your web site, and the link itself, may not suggest that Advisory Alpha endorses, sponsors or is affiliated with any non-Advisory Alpha web site, entity, service or product, and may not make use of any Advisory Alpha trademarks or service marks other than those contained within the text of the link. All trademarks and service marks on the Advisory Alpha Sites belong to Advisory Alpha LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Advisory Alpha with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
An identification of the allegedly infringing material, and a description of where that material is located on the Advisory Alpha Sites;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Advisory Alpha's Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Advisory Alpha, LLC, 148 S. River Ave., Ste. 301, Holland, MI 49423
THIRD PARTY CONTENT AND SITES
The Advisory Alpha Sites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any Advisory Alpha entity ("Third Party Content"). Most Third-Party Content is available through framed areas or through hyperlinks to third party web sites, and its source is clearly and prominently identified. The Third-Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third-Party Content provider(s) credited.
This Site may allow you to input data about yourself or your clients ("User Input Data"). Advisory Alpha is not responsible or liable for any User Input Data or any information or results derived from its use. Although Third Party Content may be framed-in on the Advisory Alpha Sites or available through a link to a third-party site, Advisory Alpha does not prepare, edit, or endorse Third Party Content. Advisory Alpha therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk. In order to comply with applicable laws and regulations, Advisory Alpha may at times exclude content with respect to securities of issuers which are the subject of public offerings made available to Advisory Alpha's brokerage customers, or otherwise.
THE THIRD-PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY DATA
Third Party Data, including security, market and reference data, is provided by third party licensor(s) of Advisory Alpha which is included to enhance raw customer data. Third Party Data shall not be distributed or redistributed in any manner by you or your agents, third party service providers or vendors. To the extent Advisory Alpha provides Third Party Data to you or your third-party service providers, agents or vendors, your receipt and use and that of your third-party service providers is subject to certain terms and conditions required by third party licensors of Advisory Alpha (the "Third Party Terms"). You shall be liable and responsible to Advisory Alpha for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of Third Party Data by you or your third party service providers in violation of the Third Party Terms, the terms herein or any other obligations that are made to Advisory Alpha by you.
Third Party Data shall only be used in connection with the accounts for which Advisory Alpha provides advisory services for and for no other purpose. Third Party Data shall only be used to provide services to each individual client with respect to such client's holdings (and shall not use a client's Third-Party Data to provide services to another client or entity) and for no other purpose. You shall not commingle the holdings of a particular client with the holdings of another client for the purpose of circumventing the obligations as otherwise set forth in the Third Party Terms, the terms herein or any other obligations that are made to Advisory Alpha by you and you shall ensure that your third party service providers, agents or vendors do not commingle the Third Party Data relating to the holdings of a particular third party service provider, agent or vendor customer with the holdings of another third party service provider, agent or vendor customer (except to the extent such commingling is the result of householding of various accounts or such commingling is provided in a summary or report showing the holdings of such househeld accounts).
You shall not distribute, redistribute, export to, download for, provide access to directly or indirectly or otherwise transfer Third Party Data to any party including but not limited to third party service providers, vendors, or agents, at any time.
Use or disclosure of any Third Party Data in any manner inconsistent with Third Party Terms, the terms herein or any other obligations that are made to Advisory Alpha by you may result in immediate and irreparable harm to Advisory Alpha and/or the third party licensors of Advisory Alpha and any remedies at law in such event may not be adequate. Accordingly, in addition to all other remedies available at law or in equity, Advisory Alpha shall have the right to seek equitable and injunctive relief, without the necessity of proving actual damages and without posting a bond, to prevent such unauthorized, negligent or inadvertent use or disclosure, and to recover the amount of all such damages (including attorneys' fees and expenses) incurred in connection with such use or disclosure. Additionally, Advisory Alpha is not waiving or purporting to waive any rights that the third-party licensors of Advisory Alpha may have to pursue any and all claims against you, your clients or your third-party service providers, agents or vendors in connection with the unauthorized use or disclosure of Third-Party Data.
You shall comply with all applicable laws, rules and regulations in handling, processing, sharing, protection of, accessing or using the Third Party Data, including any personally identifiable information that is included in such Third Party Data and including that if you are located in Australia that you are a wholesale client within the meaning of s761G or s761GA of the Australian Corporations Act.
You and your third party service providers, vendors and agents shall not, consistent with applicable laws, rules and regulations, distribute, redistribute or otherwise transfer Third Party Data (i) into (or to a national or resident of or to the government of) Cuba, Iran, North Korea, Sudan, Syria, Burma (Myanmar), Libya or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment or provision of services, goods, technology or software; or (ii) to anyone on or acting on behalf of or owned or controlled by an entity on the Specially Designated Nations and Blocked Persons List maintained by the U.S. Treasury Department's Office of Foreign Assets Control (the "SDN List") or the U.S. Commerce Department's Denied Persons List or Entities List (collectively with the SDN List, the "U.S. Prohibited Party Lists"). Each time you access, use, transmit, export, download, distribute, redistribute or otherwise transfer Third Party Data, you shall be deemed to represent, warrant and covenant to Advisory Alpha that you and your third party service providers, clients, agents and vendors are not (x) located in or a national or resident of or the government of any country that is subject to U.S. trade sanctions or (y) on any U.S. Prohibited Party List or acting on behalf of or owned or controlled by any person or entity on any such list.
Advisory Alpha reserves the right, to conduct on-site reviews of you and/or your firm once every twelve (12) month period to verify that you are complying with the obligations and restrictions set forth regarding Third Party Data and at any time if Advisory Alpha reasonably suspects that you are not in compliance with any such obligation or restriction. In conducting such review, you and/or your firm shall allow Advisory Alpha and its affiliates access to any of your premises, computers (including, but not limited to, hardware, software and network services) and information during our regular business hours for the purpose of reviewing, and solely to the extent necessary to verify, your compliance with such obligations and restrictions. To the extent practicable, such review shall be conducted in a manner that does not unreasonably interfere with your business activities. Upon the request of Advisory Alpha, you shall make a management employee available to assist Advisory Alpha or an affiliate of Advisory Alpha in such review. All data and information collected by Advisory Alpha from you during the course of review shall be treated as confidential information. Advisory Alpha shall not disclose the results of such review to any third party (except to its third party data providers, licensors, affiliates and their respective agents, advisors, and employees who have a reason to know the information, and except as necessary to enforce Advisory Alpha's and its third party licensors' rights).
Upon the request of Advisory Alpha or an affiliate of Advisory Alpha, you shall when requested and at the termination of your relationship with Advisory Alpha provide to Advisory Alpha a certificate signed by your external or internal auditors or such other authorized person acceptable to Advisory Alpha confirming that you are in compliance with the Third Party Data obligations and restrictions.
If as a result of monitoring or review by Advisory Alpha or its affiliates, you are shown, or suspected to be using the Third Party Data in a manner not specifically authorized, Advisory Alpha shall have the right to immediately terminate any of its services and your relationship without liability to you, your clients or your third party services providers, agents or vendors.
Advisory Alpha, in its sole discretion, reserves the right to suspend or terminate you or your third party service provider or vendors access to, or you or your third party service provider or vendors right to use, the Third Party Data and that upon termination or suspension of such access or use or upon the termination of your relationship, you shall cease and shall cause all of your third party service providers, agents and vendors to cease all use of and delete or purge any and all of the Third Party Data. Advisory Alpha will not be liable to you for any modification or discontinuance of any third-party service provider or vendor products or services, whether as a result of Advisory Alpha's suspension or termination of the Third-Party Data, your relationship with Advisory Alpha or for any other reason.
NONE OF ADVISORY ALPHA, AND ITS AFFILIATES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES AND SUCCESSORS AND ASSIGNS, ITS THIRD-PARTY DATA PROVIDERS, LICENSORS, AND THEIR PARTNERS, SUPPLIERS AND THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, "THIRD PARTY SUPPLIERS") ARE MAKING ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY THIRD PARTY DATA OR WITH RESPECT TO YOUR OR YOUR THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS RECEIPT OR USE OF THE THIRD PARTY DATA.
YOUR OR YOUR THIRD-PARTY SERVICE PROVIDERS, AGENTS OR VENDORS USE OF (OR USE IN ANY PARTICULAR LOCATION AS SET FORTH ABOVE) THIRD PARTY DATA IS AT YOUR SOLE RISK. THIRD PARTY DATA IS PROVIDED BY ADVISORY ALPHA, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVISORY ALPHA, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE THIRD-PARTY DATA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
ADVISORY ALPHA, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS MAKE NO WARRANTY OR COMMITMENT TO YOU THAT (I) THE THIRD PARTY DATA WILL MEET YOUR OR YOUR THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS REQUIREMENTS, (II) THE TRANSMISSION OR RECEIPT OF THIRD PARTY DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE THIRD PARTY DATA THAT IS OBTAINED BY YOU OR YOUR THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS WILL BE ACCURATE, COMPLETE OR RELIABLE, OR (IV) ANY ERRORS IN THE THIRD PARTY DATA WILL BE CORRECTED.
ADVISORY ALPHA, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS SHALL NOT HAVE ANY LIABILITY (INCLUDING, LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, LOSS RESULTING FROM BUSINESS DISRUPTION, LOST PROFITS OR TRADING ERRORS) TO YOU OR YOUR THIRD PARTY SERVICE PROVIDERS, CLIENTS, AGENTS OR VENDORS AS A RESULT OF YOUR OR YOUR THIRD PARTY SERVICE PROVIDERS, AGENTS, CLIENTS OR VENDORS USE, OR INABILITY TO USE, OR ANY ERRORS IN, ANY THIRD PARTY DATA OR ANY OTHER MATTER PERTAINING HEREIN.
You will defend, indemnify and hold harmless Advisory Alpha, and its affiliates, licensors, and third party licensors, service providers, and their partners, suppliers, officers, directors, employees and successors and assigns thereof ("Indemnified Parties") from and against all claims, demands, proceedings, suits and actions and all liabilities, losses, expenses and costs (including any reasonable legal fees and expenses relating to Advisory Alpha's or any third party service providers defense) ("Damages") arising from third party claims which allege: (i) failure by you or your third party service providers, clients, agents or vendors to comply with any obligations to Advisory Alpha with regards to the Third Party Data; (ii) the unauthorized access or use of the Third Party Data by you or your third party service providers, clients, agents or vendors; or (iii) any negligent or willful acts, errors, or omissions by you or your third party service providers, clients, agents or vendors in the performance your obligations, provided, however, that you shall not be obligated to indemnify any Indemnified Party in the event that, and solely to the extent that, the Damages result from the gross negligence or willful misconduct of Advisory Alpha. In the event Advisory Alpha requests indemnification pursuant to this Section, it shall give notice to you promptly after the receipt of any claim that may be indemnifiable hereunder. You shall have sole control of the defense with respect to any such claim (including settlement of such claim), except that Advisory Alpha may participate in such defense at its own expense, and that no settlement that imposes liability on or detrimentally affects the rights of Advisory Alpha or its licensors, and third-party service providers, and their partners, suppliers, officers, directors, employees and successors and assigns shall be entered into by you without Advisory Alpha's prior written consent. If you fail to either defend or settle any such claim, Advisory Alpha may defend the claim, and keep you informed of the progress, or settle the claim for a commercially reasonable result.
TIMELINESS OF CONTENT
All content on the Advisory Alpha Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, do not use Advisory Alpha Sites in any manner that could damage or overburden any Advisory Alpha server, or any network connected to any Advisory Alpha server. Do not use Advisory Alpha Sites in any manner that would interfere with any other party's use of the Advisory Alpha Sites.
MEANS OF ACCESS
The Advisory Alpha Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Advisory Alpha Sites, be aware that the Advisory Alpha Sites may not appear accurately through other access methods, and you use them only at your own risk. You should not access the Advisory Alpha Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Advisory Alpha. Certain parts of the Advisory Alpha Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Advisory Alpha sites, or to any other protected materials or information, through any means not intentionally made available by Advisory Alpha for your specific use.
PASSWORD SECURITY AND NOTIFICATION
If you have a password for access to non-public areas of the Advisory Alpha Sites, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify Advisory Alpha immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
You acknowledge and understand that the Proprietary Information (as defined below) is confidential and proprietary, constitutes trade secrets of Advisory Alpha, and is of great value and importance to the success of the business of Advisory Alpha. You agree to use your best efforts to safeguard the Proprietary Information and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof.
Proprietary Information means any and all confidential and/or proprietary information of Advisory Alpha or its affiliates which is disclosed to you (whether on this site or otherwise), including, without limitation, financial or audit information; business or marketing strategies, plans, or requirements; product development plans or strategies; product specifications, architecture or functional requirements; or other technical information.
You shall not, without the prior written approval of an officer of Advisory Alpha, directly or indirectly, disclose the Proprietary Information to any person or business entity. You shall not in any manner copy or reproduce all or any portion of the Proprietary Information without the prior written approval of an officer of Advisory Alpha. You shall not distribute all or any portion of the Proprietary Information via electronic means, including, but not limited to, e-mail, without the prior written consent of Advisory Alpha. You shall promptly notify Advisory Alpha in writing of any unauthorized, negligent or inadvertent use or disclosure of Proprietary Information. You shall be liable to Advisory Alpha for any use or disclosure in violation of this provision.
You acknowledge and understand that the use or disclosure of the Proprietary Information in any manner inconsistent with this Agreement will cause Advisory Alpha irreparable damage. Advisory Alpha shall have the right to seek (a) equitable and injunctive relief to prevent such unauthorized, negligent or inadvertent use or disclosure and (b) recovery of the amount of all such damage (including attorneys’ fees and expenses) to Advisory Alpha in connection with such use or disclosure No failure or delay by Advisory Alpha in exercising any right, power or privilege herein shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude the exercise of any other right, power or privilege hereunder.
DISCLAIMER OF WARRANTIES
ADVISORY ALPHA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE ADVISORY ALPHA SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE ADVISORY ALPHA SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND ADVISORY ALPHA DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
ADVISORY ALPHA DOES NOT WARRANT THAT THE ADVISORY ALPHA SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ADVISORY ALPHA ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE ADVISORY ALPHA SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ADVISORY ALPHA SITES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
ADVISORY ALPHA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE ADVISORY ALPHA SITES AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF ADVISORY ALPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
ADVISORY ALPHA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ADVISORY ALPHA DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
As a condition of your use of the Advisory Alpha Sites, you agree to indemnify and hold Advisory Alpha and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Advisory Alpha Sites, or from your violation of these Terms.
CHANGES TO ADVISORY ALPHA SITES
Unless otherwise agreed, Advisory Alpha may discontinue or modify the Advisory Alpha Sites at any time without prior notice to you, and you accept those modifications if you continue to use the Advisory Alpha Sites.
Advisory Alpha may terminate your access to the Advisory Alpha Sites for any reason, without prior notice.
GOVERNING LAW AND FORUM
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the state of Michigan, without regard to conflicts of law, and shall inure to the benefit of Advisory Alpha's successors and assigns, whether by merger, consolidation, or otherwise.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
ELECTRONIC SERVICES AGREEMENT
This agreement governs User's use of the AdvisorSquared.com site on the Internet. By using AdvisorSquared.com, User agrees to the terms and conditions in this Agreement. If User does not agree to the terms and conditions in this Agreement, User is not authorized to use AdvisorSquared.com and User should discontinue any use immediately. As used herein, "Advisory Alpha" means Advisory Alpha LLC and its affiliates, and "User" means an affiliate (direct or subadvisory) of Advisory Alpha using AdvisorSquared.com.
1. The individual accepting this agreement represents and warrants that (i) he or she is an authorized representative of the User and is authorized by the User to use AdvisorSquared.com; (ii) he or she is authorized by the User to accept all of the terms and conditions of this agreement on behalf of the User; (iii) he or she accepts this agreement on behalf of the User; (iv) User shall use the product in conformity with all terms and conditions of this agreement, policies, procedures and guidelines which are communicated to User from time to time; and (iv) all acknowledgments and representations made by User are true and accurate and Advisory Alpha may rely on such representations and acknowledgments. Subject to the terms of this agreement, Advisory Alpha hereby grants User access to AdvisorSquared.com, for the purpose of viewing account information which User is authorized to receive, order entry and for such other uses as Advisory Alpha may make available to User from time to time. User is the only user of AdvisorSquared.com authorized under this agreement. User agrees to keep confidential and not publish, broadcast, retransmit, modify, commercially exploit, or otherwise re-disseminate the data, information, or services provided under this Agreement.
2. User shall be responsible for the confidentiality and use of any password, access code, PIN and other security data, methods and devices issued to User or User's employees, representatives or agents. User agrees that Advisory Alpha may treat as authorized by User any instruction or communication which uses such password, access code, PIN or other security data, methods or devices. User understands that User shall be responsible for the use of any data, information, or services obtained using such password, access code, PIN or other security data. User shall immediately notify Advisory Alpha if there is unauthorized use of User's ID, Password or other security data.
3. User warrants and represents that User will not use AdvisorSquared.com to convey communications or instructions for the account of a person or entity or access information about the account of a person or entity unless and until such person or entity has done all things legally necessary to validly authorize User to convey such communications or instructions and access such information. User agrees that Advisory Alpha shall not be under a duty to inquire as to the authority or propriety of any communication or instruction given to Advisory Alpha by User pursuant to the terms of this Agreement, and Advisory Alpha shall be entitled to act upon any such communication or instruction, and Advisory Alpha will not be liable for any loss, cost, expense or other liability arising out of any such communication or instruction. User understands that Advisory Alpha shall not be deemed to have received any order electronically transmitted by User until Advisory Alpha has acknowledged that the order has been received by Advisory Alpha.
4. User agrees that AdvisorSquared.com is the proprietary property of Advisory Alpha and/or third parties from whom Advisory Alpha has obtained rights to provide access to Advisory Alpha's customers. User agrees not to use AdvisorSquared.com except as authorized by this Agreement and, in any event, not to make it available to any third parties.
5. User agrees to immediately notify Advisory Alpha if there is a discrepancy in the account balances, transaction activity or security positions available or of any other type of discrepancy or suspicious or unexplained occurrence relating to the use of AdvisorSquared.com. If User fails to notify Advisory Alpha of any such discrepancy, neither Advisory Alpha nor any of its employees, agents, affiliates, subsidiaries, or its parent, nor any third parties, can or will have any responsibility or liability to User or to any other person whose claim may arise through User for any claims with respect to such discrepancy.
6. User understands that Advisory Alpha will not be responsible for the accuracy, completeness, or use of any information received by User from outside data sources through AdvisorSquared.com and that Advisory Alpha does not make any warranty concerning such information. User agrees that neither Advisory Alpha nor any third party working with Advisory Alpha to provide services hereunder shall be responsible for any damages caused by communications line failure, unauthorized access, theft, systems failure, and other occurrences beyond its control. User agrees to provide all telephone and other equipment to access AdvisorSquared.com, and User will be solely responsible for paying all charges related thereto.
7. User expressly acknowledges and agrees that its use and storage of any information, including without limitation, order entry, portfolio information, transaction activity, account balances, and any other information available through use of AdvisorSquared.com is at User's sole risk and responsibility. NEITHER ADVISORY ALPHA NOR ANY THIRD PARTY MAKES ANY REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ADVISORSQUARED.COM OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH ADVISORSQUARED.COM. IN NO EVENT WILL ADVISORY ALPHA OR ANY THIRD PARTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR USE OF ADVISORSQUARED.COM. User understands that each participating national securities exchange or association asserts a proprietary interest in all of the market data (including without limitation real-time quotes) it furnishes to the parties that disseminate the data. User also understands that neither Advisory Alpha nor any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy, or completeness of market data or any other market information, or messages disseminated by any party. Advisory Alpha shall not be liable in any way, and User agrees to indemnify and hold harmless Advisory Alpha from and against any and all claims, demands, actions, losses, damages, liability, or costs, charges, counsel fees, and expenses of any nature ("Losses") arising from or occasioned by (a) any inaccuracy, error, or delay in, or omission of, (i) any such data, information, or message or (ii) the transmission or delivery of any such data, information, or message, or (b) any Losses arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) nonperformance, or (iii) interruption of any such data, information, or message, due either to any act or omission by Advisory Alpha or any other disseminating party or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party. User understands that the terms of this Agreement may be enforced directly against me by the national securities exchanges and associations providing market data to me.
8. User agrees that Advisory Alpha may discontinue User's access to AdvisorSquared.com in whole or in part, at any time, and that Advisory Alpha may modify or change the terms of it, in whole or in part, at any time and from time to time. User agrees that Advisory Alpha may modify, change, or discontinue the Services in whole or in part, at any time. User agrees that Advisory Alpha may immediately terminate its provision of the Services to me if I breach this Agreement, if User has jeopardized the proper and efficient operation of the Services, or if User engages in activity which is contrary to Advisory Alpha's policies. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement.
9. User agrees to be liable for any and all fees, charges or expenses that Advisory Alpha may charge or User may incur in connection with the use of the Services by User or any other person through use of User's security codes, equipment, or otherwise.
10. User understands that telephone calls and other communications to Advisory Alpha may be monitored or recorded, and User hereby consents to such monitoring or recording. User agrees that Advisory Alpha may monitor, store and retrieve any electronic communication transmitted on AdvisorSquared.com.
11. Advisory Alpha will take reasonable security precautions concerning the electronic transmission of data or communications on AdvisorSquared.com, but Advisory Alpha disclaims any liability for interception of any such data or communications. Advisory Alpha shall not be responsible for, and makes no warranties regarding, the access, speed or availability of internet or network services.
12. User recognizes that User's use of AdvisorSquared.com will involve the transmission to User of personal financial information about User or User's clients, including but not limited to the transactions, orders, account balances and holdings in User's account or the accounts of User's clients. User consents to the transmission by electronic means of such information through the internet, and such consent shall be effective at all times that User uses.
13. AdvisorSquared.com and any underlying technology may not be accessed or exported outside the United States or to any foreign entity or "Foreign Person" as defined in the U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading data or using AdvisorSquared.com, User agrees to the foregoing and User warrants that none of User or User's employees, representatives or agents using AdvisorSquared.com is a "Foreign Person" or under the control of a "Foreign Person." Use of AdvisorSquared.com is limited to within the United States, and the information within the Product is only for persons in the United States. Nothing in AdvisorSquared.com shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
14. In the event of any disruption in the availability of AdvisorSquared.com, contact Advisory Alpha for instructions on back-up services.
15. If a request to enter an order has been sent to Advisory Alpha through AdvisorSquared.com and User did not receive acknowledgment that the request was successfully transmitted and/or receive a message stating that User must call Advisory Alpha, User shall immediately call Advisory Alpha.
16. If a request to enter an order has been placed through AdvisorSquared.com and User has not received an accurate written confirmation of the order or of its execution within five (5) business days, User shall immediately notify Advisory Alpha. If User has received confirmation of an order which User did not place or any similar conflicting report, User shall immediately notify Advisory Alpha.
17. User understands that User will receive the price at which User's order executes in the marketplace, which may be different from the price at which the security or option is trading when User's order is entered into AdvisorSquared.com.
18. When User places a request to cancel an order, the cancellation of that order is not guaranteed. User's order will only be canceled if request is received in the marketplace and matched up with User's order before User's order executes. Market orders are subject to immediate execution. During market hours, it is rarely possible to cancel market orders.
19. User should not assume that any order has been executed or canceled until User has confirmed as such with Advisory Alpha. From time to time, Advisory Alpha receives late reports from exchanges and market makers reporting the status of transactions. Accordingly, User will be subject to late reports related to orders that were previously unreported or reported to User as being expired, canceled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the marketplace.
20. All notifications to Advisory Alpha pertaining to this Agreement should be sent directly to Advisory Alpha unless otherwise specified.
21. User acknowledges that this Agreement constitutes the entire agreement between Advisory Alpha and User with respect to its subject matter. This Agreement and its enforcement shall be governed by the laws of the state of Michigan, except with respect to conflicts of law, and shall inure to the benefit of Advisory Alpha's successors and assigns, whether by merger, consolidation, or otherwise. If a court of competent jurisdiction shall deem any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.