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Terms Of Use

Welcome to the web site of adviserXchange, a division of ENTERPRISE FINANCIAL PARTNERS, LLC, the legal name of the owner of the web site (“AX”SM).  AX operates the web site (the “Web Site”) to provide information about its products and related features and services (the “Service”).  The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between AX and you regarding the terms on which AX offers you access to this Web Site.

Please take a few minutes to review these Terms of Use.  By accessing and using this Web Site, you agree to be bound by each of these Terms of Use and all applicable laws and regulations governing the Web Site.  If you do not agree with any of these Terms of Use, you are not authorized to access or use this Web Site for any purpose.

Notwithstanding the foregoing or anything contained in these Terms of Use to the contrary, viewing or utilizing information on this Web Site, or contacting or responding to our offices or advisers or consultants does not create an advisory or consulting relationship of any kind.  An advisory or consulting relationship can be established only after the following two events have been completed:  (1) our review with you of all the relevant facts pertaining to a potential engagement; and (2) the execution of a written engagement and fee agreement (which shall govern and control our advisory and/or consulting relationship with you) and our advance receipt of any retainer required under such an agreement.

Contents not intended for distribution or use where prohibited.  The information provided on this Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AX or its affiliates to any registration requirement within such jurisdiction or country.  Neither the information contained in this Web Site nor any Service accessed through the use of this Web Site constitutes a solicitation or offer by AX or its affiliates to buy or sell any securities, futures, options or other financial instruments or to provide any investment advice or service.

These Terms of Use may change without prior notice.  AX reserves the right to modify these Terms of Use at any time without giving you prior notice.  Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.  For this reason, we encourage you to review these Terms of Use whenever you use this Web Site.

Restrictions on your use.  The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the use of the Web Site (the “Content”) belongs to AX, its affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws.

You may download, print and store selected portions of the Content, provided that, except as expressly permitted, you (1) do not copy or post the Content on any network computer or transmit, except as expressly permitted, distribute, publish or broadcast the Content in any media, including without limitation, a web site, and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.  No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading.  AX, its affiliates, contributors and third-party providers reserve complete title and full intellectual property rights in any Content you copy or download from this Web Site.

You agree to not alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer or create derivative works from any Content obtained from the Web Site or the Service, except as expressly permitted.  Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner, except as permitted by applicable law.

DISCLAIMER OF WARRANTIES.  YOU ASSUME RESPONSIBILITY FOR YOUR USE OF THE WEB SITE, THE SERVICE AND THE CONTENT.  AX MAKES NO REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE, THE SERVICE OR THE CONTENT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD-PARTY INFORMATION).  AX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE OR ERRORS IN THE CONTENT WILL BE CORRECTED.  AX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE.

LIMITATION OF LIABILITY.  YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (A) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE OR THE CONTENT, (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR THE CONTENT OR ACCESSED OR DOWNLOADED THROUGH THE WEB SITE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEB SITE OR THE SERVICE OR (E) ANY OTHER MATTER RELATING TO THE WEB SITE, THE SERVICE OR THE CONTENT, EVEN IF AX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF AX SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST AX.  FOR ALL OTHER CASES IN SUCH STATES WHERE THE FOREGOING EXCLUSION OR LIMITATION IS NOT PERMITTED, YOU UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY OF AX IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Personal information and privacy policy.  Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use.

User conduct.  You agree to not take any action that interferes with the proper working of the Web Site, imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, might compromise the security of the Web Site, renders the Web Site or the Service inaccessible to others or otherwise causes damage to the Web Site, the Service or any Content contained on the Web Site.  You agree to not add to, subtract from or otherwise modify the Content on the Web Site, except as expressly authorized by AX in these Terms of Use or by a written agreement between you and AX.

General Provisions.

  1. Entire agreement.  These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by AX of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
     

  2. Correction of errors and inaccuracies.  The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current.  We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  We do not guarantee, however, that all errors, inaccuracies or omissions will be corrected.
     
  3. No endorsements of links.  Hypertext links to third-party web sites or information do not constitute or imply an endorsement, sponsorship or recommendation by AX of the third-party, the third-party web site or the information contained therein.  You acknowledge and agree that AX is not responsible for the availability of any such web sites and that AX does not endorse or warrant, and is not responsible or liable for any such web site or the content therein.  Any links to other sites are provided for convenience only.  You need to make your own decisions regarding your interactions or communications with any other web site.
     

  4. Enforcement.  If any part of these Terms of Use is determined to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which will remain in full force and effect.  These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of Alabama, without regard to any conflict of laws provisions.  Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Calhoun County, Alabama, U.S.A. (or such other venue as determined by AX in its sole and absolute discretion), regarding any and all disputes relating to these Terms of Use, AX’s Privacy Policy, your use of the Web Site, any other web site or the Content.
     

  5. General contact information.  If you have any questions about these Terms of Use, the practices of this Web Site or your dealings with this Web Site, you may contact us by:
     

  6. Sending us an e-mail request to:  info@adviserXchange.com
     

  7. Sending a letter by U.S. Mail to:
    adviserXchange
    P.O. Box 7471
    Oxford, AL  36203

 

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