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By creating an account for access to the Web Site, you agree that such access and your obligation to pay monthly access fees shall remain active and in effect for a minimum initial term of six (6) months following the creation of your account (the “Initial Term”), and will automatically extend at the end of the Initial Term on a month-to-month basis until such time as your account is terminated by you or Advisor I/O.
You agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. Except with the prior written permission of Advisor I/O, you agree that you will not create links from any web site or web page to any page within the Web Site. Use of the Web Site is void where prohibited.
You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of Advisor I/O, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.
Consistent with the grant of this license, you shall not identify, credit, cite, source, or otherwise use Advisor I/O’s name in connection with your use of the Web Site or the Content, except as set forth above or otherwise with Advisor I/O’s prior written consent. You may use the Web Site and the Content consistent with the grant of the license and you are solely responsible for verifying that (a) the information contained in the Web Site and the Content is factually accurate, current, and up-to-date, (b) the Web Site and the Content are suitable for use in connection with your Business, (c) the use of the Web Site and the Content in connection with your Business is in compliance with any local, state, and federal laws and regulations that govern or apply to your Business, including, without limitation, providing necessary or proper legal disclosures prior to use, and (d) your use of the Web Site and the Content in connection with your Business has been approved by your professional advisers, including, but not limited to, your home office management or in-house compliance officers.
Advisor I/O, the Advisor I/O logo and other Advisor I/O trademarks and service marks referenced herein are trademarks and service marks of Advisor I/O. You are prohibited from using any marks for any purpose without Advisor I/O’s prior written permission.
In order to provide you with the best experience, Advisor I/O provides you with digital marketing services, as well as Content that you can use with your clients. By accessing or using the Web Site in any manner, you agree to be bound by Advisor I/O’s content sharing agreement.
We represent that any materials provided will not knowingly (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any applicable law, statute, ordinance or regulation.
You acknowledge that any use of the Web Site and Content is entirely at your own risk and Advisor I/O has no duty to you nor will Advisor I/O be liable to you under any claim whatsoever in connection with receipt or use of the Web Site and Content.
You shall retain sole ownership of all content in connection with any original material provided by you so long as such content is not based on or derived from the Content or the Web Site.
If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Web Site.
Although Advisor I/O has taken reasonable care to ensure the security of this Web Site, complete confidentiality and security is not yet possible over the Internet, and the Internet is not a secure medium where privacy can be ensured. The confidential use of the Web Site cannot be guaranteed and the use of the Web Site (including information you transmit to the Web Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, Advisor I/O shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security. By accessing this Web Site, you automatically warrant to Advisor I/O that you have the full right and authority to view the information contained herein. You will be solely responsible for all items posted, transmitted, received or created and will indemnify Advisor I/O and its employees with respect to any loss, damage or liability which may result.
You expressly acknowledge and agree that:
Your use of and reliance on any and all information provided by Advisor I/O through the Web Site is at your sole risk. Such information is provided on an “as is” and “as available” basis. Advisor I/O makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. Advisor I/O expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Advisor I/O shall not be liable to you or any other use of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, cause directly or indirectly by the use or reliance on such information even if advised of the possibility of such damages. Advisor I/O disclaims any and all liability for the acts, omissions and conduct of any third parties, including any plugins, screening software, integrated applications, vendors, or archiving software, in connection with or related to your use of the site and/or any Advisor I/O services. Advisor I/O solely provides marketing consulting services and does not provide accounting, tax, legal or regulatory advice, including, without limitation, advice related to compliance with the rules and regulations of the Securities and Exchange Commission or the Financial Industry Regulatory Authority, Inc. As a result, you should consult with your accounting, tax, legal or other professional advisers, such as, without limitation, your home office management or in-house compliance officers, for all questions related to such matters.
In no event will Advisor I/O be liable to any party for any decision made or action taken in reliance on the information contained in or obtained through the Web Site, including the Content. Any material downloaded or otherwise obtained through the use of the Web Site 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.
You will defend and indemnify Advisor I/O for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, including but not limited to reasonable attorney’s fees, resulting from or arising out of any claim relating to your use of the Web Site and the Content including, but not limited to, your use of the Web Site and the Content in violation of any local, state, and federal laws and regulations that governs or applies to your Business.
Ensuring that email remains an effective channel for client and prospect communication means taking action against abuse. When sending any email from the email tool, your emailing may be terminated by Advisor I/O at any time if we feel there is a need to investigate. Your ability to send emails may be suspended or you may go through an internal audit if Advisor I/O suspects a higher than normal bounce rate, spam complaints, content issues, or fraudulent account activity. The Advisor I/O investigation team has authority to log into your account if necessary to check your email lists and content. Advisor I/O follows the following limits and thresholds:
Hard bounces: Advisor I/O’s hard bounce limit is 2%;
Spam reports: Advisor I/O’s spam complaint rate limit is 0.1%; and
Unsubscribes: Advisor I/O’s unsubscribe rate limit 2%.
You are also required to adhere to Advisor I/O’s policy that any list you upload cannot be a list that has been purchased or scraped, and each individual is expecting an email from you. Any email sent must accurately represent you or your organization if you are the sender. You will be solely responsible for all items posted, transmitted, or created via the email tool.