Welcome to AP Premium. The service is owned and operated by Advisor Perspectives, Inc., Box 380, Lexington, Massachusetts, USA (“Advisor Perspectives”). This web-based service, subscription, and materials are designed to comply with U.S. laws and regulations.
This is a binding agreement (“Agreement”) between Advisor Perspectives, Inc. and you (“You” or “Your”). This Agreement governs Your use of AP Premium (the “Service”), including, without limitation, all content such as text, information, images, forums, and the online community, software and other information, services and materials (collectively, the “Materials”), and all information made available to You through this Service by Advisor Perspectives and/or third parties.
OWNERSHIP OF MATERIALS
All Materials are provided by Advisor Perspectives unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets, and patents) are the property of Advisor Perspectives unless indicated otherwise. Advisor Perspectives retains all copyrights in the individual pages, their components, and collective works available at the Service. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions.
The Materials may be shared with your clients and contacts using the membership features (i.e.,, by creating PDFs) and the “forward to a friend” feature. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any other way without Advisor Perspectives' prior written permission. Advisor Perspectives and its logos are trademarks and the property of Advisor Perspectives. All other names and trademarks are the property of their respective holders.
Any unauthorized use of any Materials or information at this Service may violate patent, copyright, trademark, and other laws. Any use of this Service or the Materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, other than as provided for in this Agreement; (b) decompile, reverse engineer, disassemble, or make derivative works of the Materials; © remove any confidentiality, privacy, patent, copyright, trademark, or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current Advisor Perspectives policies. You agree to prevent any unauthorized copying of the Materials or information.
TERMINATION OF THIS USE LICENSE
Advisor Perspectives may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Service.
ORDER TERM, FEES & PAYMENT
Order Term and Renewals – You must pay for your subscription in advance for the period (monthly or yearly) You select. If You cancel Your subscription, no refund will be made (e.g, a monthly subscription will be upheld for the remainder of the monthly term). No prorations are provided, You may continue to use the Service until the end of the current billing cycle.
Fees and Payment – If your payment fails more than four times in one week, Advisor Perspectives has the right to terminate the subscription immediately.
Advisor Perspectives may increase the price of the service with 30 days notice to You, and any such increase will be effective the next renewal period (i.e., the beginning of the next month or year).
This Service is intended by Advisor Perspectives to require a valid, working email address and password to access and use the Materials on the Service. Certain other Materials or functionalities on the Service may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords, and codes (collectively, “ID(s)”) assigned to you, (2) not allowing another person to use your IDs to access the Service, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Advisor Perspectives in writing of any need to deactivate an ID due to potential or actual security concerns. Advisor Perspectives is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access, and use the Service using Your ID. You agree to immediately notify Advisor Perspectives in writing of any unauthorized use of Your ID.
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of an investment professional. Persons accessing this information assume full responsibility for the use of the information and agree that Advisor Perspectives, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. Advisor Perspectives does not recommend or endorse any investment products, opinions, or other information that may be mentioned on the Service. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 4.
THE MATERIALS AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ADVISOR PERSPECTIVES, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE Service, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS, OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY ADVISOR PERSPECTIVES OR ADVISOR PERSPECTIVES™ CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ADVISOR PERSPECTIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVISOR PERSPECTIVES ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE Service, MATERIALS, OR THIRD PARTY ServiceS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE Service.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Advisor Perspectives and its parents, subsidiaries, affiliates, and their respective members, directors, officers, employees, stockholders, and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Advisor Perspectives may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Advisor Perspectives makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ADVISOR PERSPECTIVES SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ADVISOR PERSPECTIVES AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND ADVISOR PERSPECTIVES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ADVISOR PERSPECTIVES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ADVISOR PERSPECTIVES WOULD NOT PROVIDE THE SERVICE OR MATERIALS TO YOU.
You agree to defend, indemnify, and hold Advisor Perspectives, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, and agents harmless against any losses, expenses, costs or damages (including Advisor Perspectives' reasonable attorneys' fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Service or the Materials, and (3) the unauthorized or unlawful use of the Service by any other person using Your ID.
Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography, and the like. Providing additional information in Your personal profile beyond what is required at registration is entirely optional You can alter or remove it any time at any time.
COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, Advisor] Perspectives will comply with local, state, federal, international, and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority, or the like.
LINKS TO OTHER MATERIALS
Services with links from the Service are not necessarily under the control of Advisor Perspectives and Advisor Perspectives is not responsible for nor does it certify the content of any linked Service or any link contained in a non-affiliated linked Service. Advisor Perspectives reserves the right to terminate any link or linking program at any time. Advisor Perspectives may select links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party Services linked to this Service, You do this entirely at Your own risk. Any links to any portion of the Service shall be the responsibility of the linking party, and Advisor Perspectives shall not be responsible for notification of any change in name or location of any information of the Service. Advisor Perspectives reserves the right to request any web Service administrator to disable or remove any link that violates any rights of Advisor Perspectives, or causes interruption or deterioration of Materials provided by Advisor Perspectives. Failure to abide by this request shall be dealt with as provided in this section.
This Service is controlled by Advisor Perspectives from its offices within the Commonwealth of Massachusetts. Advisor Perspectives makes no representation that Materials in this Service are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for their own compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
Any dispute between Advisor Perspectives and You arising out of this Agreement shall be resolved first by direct communication with one or more of Advisor Perspectives' management team members. Should Advisor Perspectives and You be unable to resolve the dispute by communication and both You and Advisor Perspectives jointly agree to do so, Advisor Perspectives or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Advisor Perspectives' headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement. The party found liable shall indemnify the other party for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
Your right to access and use the Service and Materials immediately terminates without further notice upon Your breach of this Agreement, Advisor Perspectives may terminate this Agreement and/or Your right to use the Service and Materials at any time, with or without cause. Sections 1, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20 and 24 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Advisor Perspectives reserves the right to discontinue or make changes to the Service and/or Materials at any time.
Advisor Perspectives may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Advisor Perspectives' prior written permission. Any attempt by You to assign Your rights under this Agreement without Advisor Perspectives' permission shall be void.
WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
Advisor Perspectives shall not be liable for any failure or unavailability of the Service and/or the Materials or failure by Advisor Perspectives to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts, or omissions of civil or military authority, war, terrorism, or any other event beyond Advisor Perspectives' control.
Advisor Perspectives may deliver notice to You under this Agreement by means of electronic mail, a general notice on AP Premium, or by written communication delivered by first class U.S. mail to Your address on record in Advisor Perspectives' account information. You may give notice to Advisor Perspectives at any time via electronic mail toAdvisor Perspectives, Inc.
Lexington, MA 02420
Attn: Advisor Perspectives Legal Department
If You object to any material found on this Service, please bring Your concerns to the attention of
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative, or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance, or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative, and enforceable to the maximum extent permitted in such circumstances.
Advisor Perspectives reserves the right to make changes to this Agreement at any time without advance notice. Advisor Perspectives agrees to post all amended forms of this Agreement on the Service and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Service to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the Advisor Perspectives services or access the Service after the date on which the amendment has been posted, You consent to the such amendment.