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Terms
and Conditions
IMPORTANT! THESE TERMS AND CONDITIONS
(THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE MyADVISOR
WEB SITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS
(COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU
AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND
CONDITIONS. MyADVISOR , INC. (THE "COMPANY")
RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS
SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO
THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT
THESE TERMS AND CONDITIONS REGULARLY.
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Scope. These Terms and
Conditions govern Your use of the Web site. These Terms and Conditions,
however, do not apply to the Company's products or services, which are
the subject of separate agreements.
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Permitted Use. You have a
nonexclusive, nontransferable, limited, revocable right to use the Web
site solely for Your informational use in evaluating the Company and its
products and services. You may not use the Web site for any other
purpose without the Company's express prior written consent, including,
without limitation, any commercial purpose. For example, You may not and
may not authorize any other person or entity ("Person") to (i)
frame the Web site or any portion thereof (whereby the Web site or a
portion thereof will appear on a user's screen with a portion of another
web site, or with content or advertising of any Person without the
Company's consent), or (ii) Co-brand the Web site or any portion
thereof. "Co-branding" means the display of a name, logo,
trademark, or other means of attribution or identification of any Person
in such a manner reasonably likely to give a user of the Web site the
impression that such the Person is associated or affiliated with the
Company, or has the right to display, publish, transmit or distribute
the Website or content accessible within the Web site. In addition, You
may not and may not authorize any Person to link to any part of the Web
site without the Company's prior written consent. You agree to cooperate
with the Company in causing any unauthorized framing, Co-branding,
linking or similar activity to immediately cease. You may not take any
action that violates our
Acceptable Use Policy.
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Proprietary Information. You
acknowledge and agree that as between the Company and You, the Company
is the owner of all right, title and interest in the Web site and all
content accessible within the Web site (the "Content"),
including, without limitation, all trademarks, service marks, trade
names, patent rights, copyrights, and other intellectual property or
proprietary rights with respect thereto. You will not reproduce,
transmit, publish or distribute sublicense or otherwise transfer or make
available to others, or edit, modify or create any derivative works of
all or any part of the Web site or the Content, without the express
written consent of the Company, other than limited printed copies of
materials that you may need for Your own use and that contains all of
the Company's copyright and other notices.
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Disclaimer. You will have
access to a variety of third party sources of content through the use of
the Web site and the Internet. The Company has made no effort to verify
the accuracy or suitability of any information contained in any such
sources, including, without limitation, any other website that you can
link to from the Web site. Accordingly, the Company has no liability or
responsibility whatsoever for any content provided by any other Person
contained on or obtained through the Web site. You acknowledge and agree
that any access, use or reliance on any such third party content is at
Your own risk. You understand that, except for information, products or
services clearly identified as being supplied by the Company, the
Company does not operate, control or endorse any information, products
or services of any other Person on the Web site or the Internet in any
way. You also understand and agree that the Company does not guarantee
or warrant that files available for downloading from the Web site or
through the Internet will be free of infection or viruses, worms, Trojan
horses or other malicious code that may adversely effect You, Your
computer or computer systems or Your data or files. In addition, You are
responsible for implementing sufficient procedures and checkpoints to
satisfy Your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Website for the
reconstruction of any lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES
CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE
OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR
TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
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Privacy Policy. The Company
collects, stores and uses data collected from You in accordance with the
Company's
Privacy Policy.
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Limitation on Liability. THE
COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS
TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY,
YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE
TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
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Indemnity. You will indemnify
and hold the Company, its licensors, content providers, service
providers, employees, agents, officers, directors and contractors (the "Indemnified
Parties") harmless from Your breach of any of these Terms And
Conditions or any other terms, conditions, policies or procedures
contained on the Web site, including, without limitation, any use of
Content other than as expressly authorized in these Terms and
Conditions. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and
You agree to indemnify and hold harmless the Indemnified Parties from
any and all resulting loss, damages, judgments, awards, costs, expenses,
and attorneys' fees in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of Your use of the information
accessed from the Web site.
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Trademarks. is a registered
trademark, and the MyADVISOR logo are
unregistered trademarks of the Company. Other Trademarks, service marks
and logos appearing in this Web site are the property of the Company or
its content providers. The Company and its content providers retain all
rights with respect to any of their respective trademarks, service marks
or logos.
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Miscellaneous.
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Headings. The headings of
sections of these Terms and Conditions are for ease of reference only
and shall not be admissible in any action to alter, modify or
interpret the contents of any section hereof.
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Governing Law and Jurisdiction.
The validity and effect of these Terms and Conditions shall be
governed by and construed and enforced in accordance with the laws of
the State of Georgia, without regard to its conflicts of laws
principles. The parties expressly disclaim application of the United
Nations Convention on Contracts for the International Sale of Goods.
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE
TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF
THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE
OR FEDERAL COURT LOCATED IN FULTON COUNTY, GEORGIA, AND YOU HEREBY
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE
APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE
TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN
ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS
BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
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Entire Agreement; Amendments.
These Terms and Conditions, together with the Acceptable Use Policy
and the Privacy Policy, supersede any prior discussions, negotiations
and agreements between the parties with respect to the subject matter
hereof, and these Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, constitute the sole and entire
agreement between the parties with respect to the matters covered
hereby.
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Severability. The
provisions of these Terms and Conditions may be exercised and are
applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary
so that they will not render these Terms and Conditions illegal,
invalid or unenforceable. If any provision or portion of any provision
of these Terms and Conditions are held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions or portions thereof shall apply with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
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Waiver. No failure or delay
on the part of the Company to exercise any right or remedy hereunder
shall operate as a waiver thereof, nor shall any single or partial
exercise of any right or remedy by the Company preclude any other or
further exercise thereof or the exercise of any other right or remedy.
No express waiver or assent by the Company to any breach of or default
in any of these Terms and Conditions shall constitute a waiver of or
an assent to any succeeding breach of or default in the same or any
other term or condition hereof.
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