Terms of Use
Please take a few minutes to read these terms of use (referred to throughout as the “Agreement”). Any reference to Advisor Exchange, LLC in this Agreement includes any directors, officers, employees, contractors, agents or licensees of Advisor Exchange, LLC. As used in this document, the words “you” and “your” refer to the undersigned’s use of the Service; the words “we” “us” “our” and any other variation thereof, refer to Advisor Exchange, LLC.
Acceptance of Terms
When you click on the "I Accept" button, you agree to accept the terms and conditions (the "Terms") of this Agreement, including any amendments to the Agreement or changes in the Terms. If you do not agree to all of the Terms, click on the “I Decline” button. If you do not accept and agree to all of the Terms, you will not be entitled to use the Advisor Exchange, LLC Web site, Content, software and the aggregation service (the “Service”). Advisor Exchange, LLC reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, Advisor Exchange, LLC will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, Advisor Exchange, LLC reserves the right to notify you by e-mail or conventional mail, at its discretion. You agree that if you continue to use the Services after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement at any time by clicking User Agreement. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by using the “Unsubscribe From Service Feature” which can be accessed from the Profile Tab. Alternatively, if you prefer, you can Unsubscribe by sending a registered or certified letter to Advisor Exchange, LLC at Advisor Exchange, LLC, 1869 Admiral Court, Glenview IL, 60026. Once your account with Advisor Exchange, LLC has terminated for any reason, you will have no further right or access to use the Advisor Exchange, LLC Service. To use the Service you must be at least eighteen (18) years old and have an e-mail address.
Third Party Accounts
Once you invite your clients to use the Advisor Exchange, LLC Service, you understand and agree that, in order to provide the Service, it is necessary for Advisor Exchange, LLC to access third party Web sites and data bases containing information regarding your clients accounts and financial relationships as designated by your clients ("Third Party Accounts"), on your clients behalf, to retrieve information as requested or authorized by you clients. You warrant and represent that the information you are providing us with is true, correct and complete.
For as long as you and your client are using the Service, you give to Advisor Exchange, LLC a limited power of attorney and appoint Advisor Exchange, LLC as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your clients Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as your client might or could do in person. Once Advisor Exchange, LLC has actual knowledge that you and/or your client wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Advisor Exchange, LLC in good faith before it has actual knowledge of termination by you and/or your client shall be deemed to be authorized by you and/or your client.
You understand and agree that at all times your relationship with your clients is independent of Advisor Exchange, LLC and your use of the Service. Advisor Exchange, LLC will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN Advisor Exchange, LLC IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, Advisor Exchange, LLC IS ACTING AS YOUR CLIENTS AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT Advisor Exchange, LLC, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU AND YOUR CLIENT.
YOU AGREE THAT Advisor Exchange, LLC SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) Advisor Exchange, LLC’S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) Advisor Exchange, LLC'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.
Securities Quotations and Foreign Exchange Rates
In order to update the value of your clients assets as shown on your Financial Dashboard(sm), we will access your clients Third-Party Account. Advisor Exchange, LLC MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES Advisor Exchange, LLC MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. You understand that Advisor Exchange, LLC is not a broker or dealer in securities, and is not an investment or financial advisor. You are solely responsible for your investment research. The Foreign Exchange rates used in currency calculations are currently provided by xe.com to Advisor Exchange, LLC. The Foreign Exchange rates are not real time. Neither Advisor Exchange, LLC nor xe.com is responsible for the accuracy of the rates provided or for any actions taken in reliance thereon.
Alert Service
The Advisor Exchange, LLC alerts service enables you to receive a notice via email or other devices concerning available information in your clients Third Party Accounts. You can set alerts for each of your Third Party Accounts registered on the Advisor Exchange, LLC Financial Dashboard. You are responsible for determining the criteria that governs the alert and Advisor Exchange, LLC will send an alert to you based upon the instructions you provide to us. Your instructions are neither reviewed nor verified by Advisor Exchange, LLC prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether.
You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. Advisor Exchange, LLC is not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert. Advisor Exchange, LLC does not guarantee the delivery or the accuracy of the contents of each alert. You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert.
Advisor Exchange, LLC provides this service as a convenience to you for information purposes only. Advisor Exchange, LLC reserves the right to terminate its alert service or begin charging a fee for such service at any time without prior notice to you. Advisor Exchange, LLC shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) non-delivery, delayed delivery, or the misdirected delivery of an alert; (b) inaccurate or incomplete information in an alert; or (c) your reliance on or use of the information provided in an alert for any purpose.
Password
To enable you, and only you, to access your Financial Dashboard(sm) and use the Service, you will be asked to choose a Password when you register with us. You will then create a Advisor Exchange, LLC account and will be given a customer number. You are responsible for maintaining the confidentiality of your customer number and Password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Advisor Exchange, LLC will know or will need to know your Password, and Advisor Exchange, LLC employees will never ask you for your Password.
Electronic Communications
The Advisor Exchange, LLC Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
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Although Advisor Exchange, LLC reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Service. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Personal Profile page. Communications may be posted on the pages of the Service website and/or delivered to the e-mail address you provide. All electronic Communications sent by e-mail will be deemed to have been received by you when Advisor Exchange, LLC sends it to you, whether or not you received the e-mail. If the Communications is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after Advisor Exchange, LLC posts the Communication on the pages of the Service, whether or not you retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Advisor Exchange, LLC’s e-mail server to the appropriate e-mail address. An electronic Communication by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Service Changes and Discontinuation
Advisor Exchange, LLC may modify or discontinue the Service or your account with Advisor Exchange, LLC, with or without notice, without liability to you, any other user or any third party. Advisor Exchange, LLC reserves the right to terminate your account at any time and for any reason, including without limitation if Advisor Exchange, LLC, in its sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of Advisor Exchange, LLC, or if you provide Advisor Exchange, LLC with false or misleading registration information or interfere with other users or the administration of the Service.
You may terminate your account with Advisor Exchange, LLC at any time by using the “Unsubscribe From Service Feature” which can be accessed from the Profile Tab. Alternatively, if you prefer, you can Unsubscribe by sending a registered or certified letter to Advisor Exchange, LLC at Advisor Exchange, LLC, 1869 Admiral Court, Glenview, IL 60026. All Setup Fees are non-refundable.
Once your account with Advisor Exchange, LLC has terminated for any reason, you will have no further right or access to use the Service, and Advisor Exchange, LLC will not access your Third Party Accounts thereafter for any reason.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT Advisor Exchange, LLC’S SERVICE IS PROVIDED "AS-IS." Advisor Exchange, LLC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE Advisor Exchange, LLC WEB SITE, Advisor Exchange, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY Advisor Exchange, LLC FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Advisor Exchange, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY Advisor Exchange, LLC FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Advisor Exchange, LLC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless Advisor Exchange, LLC, its affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, Advisor Exchange, LLC’s reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Miscellaneous
You understand and agree that Advisor Exchange, LLC is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be and that you are rightfully authorized to access the Third Party Accounts. You understand that Advisor Exchange, LLC is not responsible or liable if your clients financial institution’s or any other provider of Third Party Accounts system “goes down” or if they have any system failures and we are unable to retrieve information on your clients behalf.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Advisor Exchange, LLC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Advisor Exchange, LLC’s right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our Web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of Advisor Exchange, LLC's rights waived, only if Advisor Exchange, LLC agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by Advisor Exchange, LLC. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Service, at Advisor Exchange, LLC's discretion. All notices to Advisor Exchange, LLC must be made in writing and sent to Advisor Exchange, LLC at Advisor Exchange, LLC, 1869 Admiral Court, Glenview IL, 60026, via registered or certified mail. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon acceptance of your completed registration by Advisor Exchange, LLC.