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Terms Of Use |
Terms Of Use
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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.
-
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.
- 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.
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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.
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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.
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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:
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Sending us an e-mail request to:
info@adviserXchange.com
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Sending a letter by U.S. Mail to:
adviserXchange
P.O. Box 7471
Oxford, AL 36203
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