Terms & Conditions
Acceptance of Terms
Please read the following terms carefully before you use or access our platform or services. By accessing or using the platform or any of the services, you agree to be bound by all of the terms and conditions set forth below. If you do not agree to all of the following terms and conditions, then you may not access or use the platform or the services.
The Platform is intended for and is directed at Canadian residents only and the Services described herein are only available to Canadian residents. You agree to use the Platform in compliance with any and all applicable Canadian law and regulation.
Access to or use of the Platform, the Content and Services is not permitted where prohibited by law. If you choose to access and use the Platform and/or use the Services, you do so on your own initiative and are responsible for compliance with applicable laws. By using or accessing the Platform you are confirming that you have verified that your access and use of this Platform is permitted under the applicable laws of your jurisdiction.
Changes to these Terms
We may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted here and we recommend that you regularly review the most recent version of these Terms. If the changes that we make include material changes that affect your rights and obligations, we will notify you in advance of the changes by reasonable means. You agree that these Terms and your agreement to accept these Terms supersedes any prior agreements and shall govern your entire relationship with Advisorsavvy, including but not limited to events, agreements, and
conduct preceding your acceptance of these Terms. YOUR CONTINUED USE OF THE PLATFORM AND/OR THE SERVICES AFTER ANY SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE AMENDED TERMS.
Account and Eligibility
In order to use or access the Platform or Services you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher). If you are under the legal age of majority in your jurisdiction of residence or if you are under the age of majority in the location from which you are using or accessing the Platform, do not use or access the Platform.
To use or access the Platform and the Services, you must sign up for, open and maintain a Customer Account (which is free) or one of our Advisor Accounts (free and paid versions available) through the Platform, as applicable (each, an “Account”). Prior to completing the signup process for the type of Account that you choose to create, you will be required to indicate your acceptance of these Terms. By creating an Account and/or using or accessing the Platform, you agree, represent, warrant and covenant that you: (i) can form a binding contract with Advisorsavvy and will comply with these Terms and all applicable laws, rules and regulations; (ii) will provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; (iii) will maintain and update your information (including your contact information) to keep it accurate, current and complete; and (iv) have never been convicted or pled no contest to any crime.
You must not provide information that is inaccurate or impersonates any other person, including but not limited to, any Advisorsavvy employees or other users. In addition, you must not provide information that is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements or Code of Conduct set forth in these Terms. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Platform or Services via your username or password to any other person. Advisorsavvy hereby disclaims any and all responsibility or liability for any unauthorized use of your Account. You agree to notify us immediately of any unauthorized use, theft or appropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You are responsible for all mobile or other internet service provider charges incurred by you for connecting to the Platform or by using the Services. Advisorsavvy assumes no responsibility or liability for any such charges, including, but not limited to, data charges and/or equipment or line costs, incurred by you while accessing the Platform and Services. Any dispute or problem regarding mobile or internet provider services are strictly between you and your internet and/or mobile service provider. You may receive text messages in connection with your use of our Platform. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for any texts you receive and Advisorsavvy assumes no responsibility
or liability for any such charges. Advisorsavvy provides no equipment, hardware, software or connectivity for you to access and use the Platform or Services.
License to Use the Platform
Subject to your compliance with these Terms, Advisorsavvy grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license during the term of these Terms to use the Platform for your personal use and not for the benefit of any third party. You acknowledge and agree that Advisorsavvy retains ownership of the Platform and all rights therein.
Content and User Content
For the purposes of these Terms, “Content” means any text, graphics, images, music, audio, video, software, source code, trademarks, service marks, official marks, trade names, designs, arrangements, works of authorship of any kind, information and materials that are posted, generated, provided or otherwise made available through the Platform by Advisorsavvy or its licensors. You acknowledge that your access and use of the Content displayed, performed or disseminated on or through the Platform is at your own risk and you are solely responsible for any damage or loss to any party resulting therefrom. Advisorsavvy reserves the right to remove any Content from the Platform at any time, for any reason. Under no circumstance will Advisorsavvy be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available through or in association with the Platform.
Advisorsavvy does not guarantee the accuracy, quality or appropriateness of any Content or any User Content transmitted on or through the Platform. You acknowledge that the Platform simply acts as a conduit for facilitating user communication, and the publication and dissemination of Content and User Content. You understand that all Content and User Content posted on, transmitted through or linked through the Platform are the sole responsibility of the person from whom the Content originated. You understand that Advisorsavvy does not control, and is not responsible for Content or User Content made available through the Platform, and that by using the Platform, you may be exposed to Content and User Content that is inaccurate, misleading or offensive. You agree that you must evaluate and make your own judgement, and bear all risks associated with, the use of any Content and User Content. You further acknowledge and agree that Advisorsavvy has no obligation to screen, preview, any Content or User Content. Advisorsavvy reserves the right to review and delete any Content or User Content that, in its sole judgment, violates these Terms. By using the Platform, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content or User Content that you receive, use, access, transmit, post, disseminate, rely on or otherwise convey or exploit on or through the Platform. Under no circumstances will Advisorsavvy be liable in any way for any Content or User Content, including, but not limited to, any Content or User Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, personal and health information) or for any loss or damage of any kind incurred as a result of the use of any Content or User Content submitted, accessed, transmitted or otherwise conveyed through or in association with the Platform.
All Content and User Content are provided on an “as is” basis. Reliance on any of the Information provided on our Platform is at your own risk. The Content and User Content on the Site may include statements of opinion, which are not statements of fact. All views expressed by an Advisor or Standard User through the Platform are the user’s own opinions and do not represent the views or opinions of Advisorsavvy. Advisors may post links to their own web pages, which from time to time may contain advice and opinions with regard to securities. Advisors’ opinions may be different from those contained or obtained from another Advisor. It is your responsibility to obtain any additional information necessary to make an informed decision before selecting and using any specific Advisor. You agree to assume all responsibility in connection with choosing any Advisor, whether or not you obtained information about such Advisor on or through the Platform. Advisorsavvy is not responsible or liable for any advice or other services rendered by any Advisor or for any claims that may arise directly or indirectly from any such advice or services. Trading in securities (including, without limitation, stocks, options, mutual funds, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
THE INFORMATION PROVIDED ON THE PLATFORM AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL INVESTMENT ADVICE. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING INVESTMENT ADVICE FROM A QUALIFIED PROFESSIONAL BECAUSE OF CONTENT OR USER CONTENT THAT YOU READ ON THE PLATFORM. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PROVISION OF INVESTMENT ADVICE.
No E-commerce or Investment Advice
Our Platform does not allow you purchase services from Advisors or to sell your services as an Advisor. Nothing on the Platform of the website may be construed as an offer to sell or the solicitation of an offer to buy any securities, in any jurisdiction.
The Platform, Services and Content are for informational and communicative purposes only. Advisorsavvy is not registered as either a financial advisor or a portfolio manager and does not offer investment or financial advice. All investment-related information posted on the Platform is posted by Advisors and does not establish any professional/client relationship between
Standard Users and Advisorsavvy. No Content published on the Platform is a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific individual. To the extent any of the Content is determined by a court of competent jurisdiction to be investment advice, such information is general in nature and is not personalized to the investment needs of any specific individual.
The Content is not intended to be a substitute for professional investment advice. The Platform functions solely as a means of publication of Content that Advisors and Standard Users of the Site provide to Advisorsavvy. Advisorsavvy does not recommend or endorse any Advisors that hold themselves out on the Platform to be investment professionals and does not endorse any Content posted by Advisors.
Advisorsavvy does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Advisor on or through the Platform. You agree that should you use or rely on such User Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Advisor, Advisorsavvy is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
Your dealings with any Advisor (or other user), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Advisor (or other user) exclusively and do not involve Advisorsavvy. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Advisors. Advisorsavvy recommends that you conduct your own due diligence on any Advisor before speaking with them, engaging them or following their recommendations. The following resources may be of interest to you, in addition to other due diligence resources that you may deem to be appropriate: the Canadian Securities Administrators “Disciplined List” (https://www.securities-administrators.ca/disciplinedpersons.aspx?id=74) and the Investment Industry Regulatory Organization of Canada’s IIROC Advisor Report (http://www.iiroc.ca/investors/knowyouradvisor/Pages/default.aspx).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Advisors found on or through the use of the Platform, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or Advisor. You agree that Advisorsavvy shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Advisors on the Platform.
ADVISORSAVVY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THE QUALITY OR TIMELINESS OF THE PLATFORM OR SERVICES. YOU ACKNOWLEDGE THAT THE PLATFORM DOES NOT CREATE ANY PROFESSIONAL OR OTHER RELATIONSHIP BETWEEN ANY USER AND ADVISORSAVVY. ADVISORSAVVY PROVIDES NO ADVICE REGARDING ANY PARTICULAR SECURITY, INVESTMENT, PORTFOLIO OF SECURITIES OR INVESTMENTS, TRANSACTIONS, INVESTMENT STRATEGIES OR ANY OTHER MATTERS.
Communications and Interactions on and off the Platform
Although Advisorsavvy strives to encourage users of the Platform to conduct themselves in a professional and respectful manner when using the Platform and Services, communicating with other users and/or providing or purchasing such services to and from other users, Advisorsavvy is not responsible for the conduct of any user on or off of the Platform or during, before or after any such user provides or receives services from another user.
You agree to exercise caution in all interactions with other users, particularly if you decide to (i) communicate with other users outside of the Platform; or (ii) meet other users in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users through the Platform.
YOUR ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, YOU UNDERSTAND THAT ADVISORSAVVY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS (OTHER THAN BY TAKING REASONABLE STEPS TO VERIFY EACH USER’S IDENTITY WHEN CREATING AN ACCOUNT).
Third parties and Advisors may link or otherwise direct Internet users to our Platform. Additionally, we may provide links or otherwise direct you to third party or user websites. Advisorsavvy does not control, monitor or operate any such third party or Advisor websites. Advisorsavvy does not accept any responsibility for such websites. Any information you provide to these third party or Advisor websites while on these third party or Advisor websites is subject to the respective policies of those third parties or Advisors, and not Advisorsavvy’s policies. It is your responsibility to review such third party or Advisor policies, including any relevant privacy policies. You agree that Advisorsavvy will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Advisorsavvy does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Advisor sites. You use these third party or Advisor websites at your own risk.
We encourage you to be aware when you click these third party links and leave our Platform. Your use of these websites is at your own risk. ADVISORSAVVY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR LINKED RESOURCES.
You agree to waive the right to bring or assert any claim against Advisorsavvy relating to any interactions or dealings with any third party, any third party website or any Advisor and irrevocably release Advisorsavvy from any and all liability for or relating to any interactions or dealings with third parties, third party websites or Advisors.
Restrictions and Code of Conduct
You are solely responsible for the content of any communications by you with other users of the Platform and any third parties, including but not limited to any communications about,
concerning or through the Platform or the Services. While using the Platform or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Platform. In addition, without limiting the foregoing, you agree that you shall not:
- violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- post anything that (a) is defamatory, abusive, harassing, threatening or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
- post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
- post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonate another person (including celebrities); (c) indicate that you are a Advisorsavvy employee, representative of Advisorsavvy; or (d) attempt to mislead users by indicating that you represent Advisorsavvy or any of Advisorsavvy’s partners or affiliates;
- attempt to access another user’s Advisorsavvy account, including, without limitation, attempt to use another user’s credentials to create an account on our Platform unless you are expressly authorized to do so pursuant to an agency agreement;
- use the Platform or the Services for a commercial purpose or for the benefit of any third party in a manner that is not permitted by these Terms;
- remove any proprietary notices or labels on the Platform or the Content;
- transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other forms of solicitation through the Platform;
- collect, store, or attempt to collect or store, any personal information from the Platform from other users without their express permission;
- impersonate or misrepresent your qualifications or your affiliation with any person or entity;
- mirror or frame any part of the Platform or Content without our express prior written consent;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Platform, without our express prior written consent;
- violate any applicable law or regulation;
- engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Platform or our computer systems; or
- encourage or enable any other individual to do any of the foregoing.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms. If you have reason to believe that another person is using the Platform or the Services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial or federal agencies. Advisorsavvy reserves the right to investigate and/or terminate your Account without a refund of any purchases or settlement of any outstanding accounts if you have violated these Terms, misused the Platform, Services or Content or behaved in a way that Advisorsavvy regards as inappropriate or unlawful, including actions or communications that occur on or off the Platform.
Ownership of Intellectual Property
Other than User Content, which you retain ownership of, the Content that is on the Platform is owned by Advisorsavvy or our licensors and is protected by copyright, trademark and other applicable laws. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us or the applicable licensor. Except for your use as authorized by these Terms, you may not, directly or indirectly, adapt, publish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use or exploit the Content, or individual sections of the Content, or any part of the Platform or authorize anyone to do any of the foregoing acts, without Advisorsavvy’s express prior written permission.
The trademarks, service marks, logos displayed on the Platform (collectively, the “Marks”) are registered and unregistered trademarks of Advisorsavvy, its affiliates or of our licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Platform.
Subject to your compliance with these Terms, Advisorsavvy grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license during the term of these Terms to download, view, copy and display the Content solely in connection with your permitted use of the Platform.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose property or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Platform or Services and agree to obtain and maintain all such consents or permissions throughout the term of these Terms, at your sole cost and expense.
We would love to hear from you and welcome any feedback, comments and suggestions you may have to improve our Platform and the Services (“Feedback”). When you submit Feedback through the Platform or by contacting us directly at [Insert email], you hereby grant Advisorsavvy and others authorized by Advisorsavvy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, display, modify, create derivative works based on, commercially exploit, digitally publish, publicly perform, distribute and communicate by telecommunication the Feedback for any purpose. No Feedback will be subject to any obligations of confidentiality and Advisorsavvy will not be liable for any future use or disclosure of such Feedback.
You further agree that with respect to any Feedback provided by you to us, via email or otherwise, that (i) Advisorsavvy has no obligation concerning such Feedback; (ii) such Feedback is non-confidential; and (iv) such Feedback is truthful and does not violate the legal rights of others.
Monitoring & Investigation
We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Platform, including in the public discussion areas, bulletin boards, forums, blogs, and elsewhere, to foster compliance with these Terms.
You agree that Advisorsavvy or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms; (ii) infringement of third party rights; or (iii) any unauthorized use of this Platform. Advisorsavvy does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.
All sessions on the Platform are secured using Secure Socket Layer (SSL) encryption. The servers hosting this website are protected by firewall hardware and software, and are physically located in secured facilities.
Availability & Currency of the Platform
WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THE PLATFORM OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THE PLATFORM OR THE AVAILABILITY OF THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THE PLATFORM OR THE AVAILABILITY OF THE SERVICES.
Advisorsavvy updates the information on the Platform periodically. However, Advisorsavvy cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Platform. Advisorsavvy may revise, supplement or delete information, Services, Content, User Content and/or the resources contained in the Platform and in connection with the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Platform. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Platform. Advisorsavvy recommends that you install appropriate anti-virus or other protective software.
ADVISORSAVVY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE PLATFORM OR YOUR DOWNLOADING OF ANY CONTENT, USER CONTENT OR OTHER MATERIALS OR INFORMATION FROM THE PLATFORM.
If there is a dispute between users of the Platform, or between users and any third party, you understand and agree that Advisorsavvy is under no obligation to become involved. In the event you have a dispute with one or more other users, you hereby release Advisorsavvy from all claims, demands, and damages (whether actual, direct, incidental, special, consequential, exemplary, punitive or otherwise) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Platform.
Disclaimers of Warranties and Liabilities
THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." ADVISORSAVVY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADVISORSAVVY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR OTHER INFORMATION CONTAINED ON THE PLATFORM. ADVISORSAVVY DOES NOT ENDORSE ANY INDIVIDUAL DESCRIBED OR LISTED ON THE SITE. IN NO EVENT SHALL ADVISORSAVVY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION PRESENTED ON THE PLATFORM.
IN ADDITION, ADVISORSAVVY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR PLATFORM OR ANY SERVICES OR ADVICE REQUESTED THROUGH THE USE OF THE SERVICES OR PLATFORM, OR THAT THE SERVICES OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. ADVISORSAVVY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF USERS (INCLUDING, SERVICE PROVIDERS) OR THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, SERVICES, AND ADVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ADVISORSAVVY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES (INCLUDING PERSONAL INJURY OR DEATH) THAT YOU MAY INCUR AS A RESULT OF ANY UNAVAILABILITY, SUSPENSION, OR TERMINATION OF THE PLATFORM OR THE SERVICES.
Limitation of Liability
ADVISORSAVVY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM OR THE SERVICES, EVEN IF ADVISORSAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADVISORSAVVY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM, SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, USER OR SERVICE PROVIDER, EVEN IF ADVISORSAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVISORSAVVY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ADVISORSAVVY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SERVICE PROVIDERS PROVIDING SERVICES REQUESTED BY YOU THROUGH THE PLATFORM OR OTHERWISE MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TO PROVIDE SUCH SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ADVISORSAVVY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ADVISORSAVVY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
IN NO EVENT SHALL ADVISORSAVVY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR CONTENT, EVEN IF ADVISORSAVVY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; (II) FOR
DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY; LOSS, DESTRUCTION, CORRUPTION OR THEFT OF DATA; VIRUSES OR SPYWARE; LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY MATTER BEYOND ADVISORSAVVY'S REASONABLE CONTROL. IN ANY EVENT, ADVISORSAVVY’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, IS LIMITED TO $10 IN CANADIAN FUNDS. THE FOREGOING LIMITATIONS APPLY EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE ASSUMPTION OF RISK AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADVISORSAVVY AND YOU.
You agree to indemnify and hold Advisorsavvy, its affiliates and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform, Services or services or goods obtained through your use of the Services; (ii) your default under any agreement with an Advisor; (iii) your breach or violation of any of these Terms; (iv) Advisorsavvy's use of your User Materials or Feedback; (v) your violation of the rights of any third party (including, but not limited to other users and Advisors); or (vi) any dispute you have with another user for any reason (including, but not limited to, any dispute relating the provision or purchase of any goods or services from another user).
Term and Termination
These Terms shall remain in full force and effect for as long as you use or access the Platform. These Terms shall commence upon your acceptance, and will remain in effect until and unless sooner terminated pursuant to the terms of these Terms. You may terminate your use and access to the Platform at any time by following the instructions available on the Platform here [Insert link to Account closing instructions/FAQs]. Advisorsavvy may terminate these Terms, or terminate or suspend your Account and access to the Platform, Services and/or the Content, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Platform. Advisorsavvy may also terminate or suspend your Account and access to the Platform immediately, without prior notice or liability, if you breach any of these Terms. Upon termination of these Terms, your right to use the Platform and your access to your Account and the Platform, Services, and any Content, will immediately cease. Upon any termination, discontinuation, suspension of the Platform, Services, and any Content or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
Copyright Dispute Policy
If you believe that material, Content or any User Content that resides or is accessible on or through the Platform infringes a copyright, please send a notice of copyright infringement containing the following information to Advisorsavvy’s designated agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed as well as the date and time of the alleged infringement, with sufficient detail so that Advisorsavvy is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material that is claimed to be infringing is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
The notice may not contain any of the following:
- an offer to settle the claimed infringement or reference, including by way of hyperlink, to such an offer, request or demand; or
- a request or demand, made in relation to the claimed infringement, for payment or for personal information
If the notice is non-compliant with the foregoing requirements, Advisorsavvy is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
If a proper bona fide infringement notice is received by the designated agent, it is Advisorsavvy’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Platform, Services and/or Content thereon. If the notice is non-compliant with the foregoing requirements, Advisorsavvy is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
Notice of claims of copyright infringement should be provided to Advisorsavvy’s designated agent via email to firstname.lastname@example.org or via mail.
These Terms and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Advisorsavvy in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.
These Terms constitute the entire and exclusive understanding and agreement between Advisorsavvy and you regarding their subject matter and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Advisorsavvy. Advisorsavvy’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Advisorsavvy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Any notices or other communications provided by Advisorsavvy under these Terms, including those regarding modifications to these Terms, will be given: by Advisorsavvy (i) via email; or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms and any rights granted hereunder may not be not assigned, transferred or sublicensed by you except with Advisorsavvy’s prior written consent. Advisorsavvy may transfer, assign or sublicense these Terms and any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Advisorsavvy in any respect whatsoever.
The parties have required that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Questions and Contact
If you have any questions, complaints, or claims with respect to the Platform or Services, you may contact us at email@example.com or:
417 Spadina Rd
These Terms were lasted updated on February 12, 2019.