TERMS OF USE AGREEMENT
The following terms and conditions of use (the "Terms and Conditions")
govern your use of the IndexShow.com site (the "Site"). The Site is made
available by Index Investing Show, LLC (the "Site Proprietor" or "we"). BY
USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS
APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and
Conditions, you may not access or otherwise use the Site. We may change
the Terms and Conditions from time to time, and at any time without notice
to you, by posting such changes on the Site. By using the Site following
any modifications to the Terms and Conditions, you agree to be bound by
any such modifications to the Terms and Conditions.
You may only use the Site if you are domiciled in the United States and
you are 18 years old or older.
1. "For Advisors" Section of Site. Being accepted on this Site's referral
network is neither an endorsement of you nor your investment advisory
practice. The password-protected portions of the Site (e.g., the "for
advisors" section on indexshow.com) is governed by these Terms and
Conditions and the Advisor Agreement between the Site Proprietor
investment advisors or other companies to which the Site Proprietor issues
Site passwords.
2. Proprietary Rights. As between you and the Site Proprietor, the Site
Proprietor owns, solely and exclusively, all rights, title and interest in
and to the Site, all the content, code, data and materials thereon, the
look and feel, design and organization of the Site, and the compilation of
the content, code, data and materials on the Site, including but not
limited to all intellectual property and proprietary rights therein. Your
use of the Site does not grant to you ownership of any content, code, data
or materials you may access on the Site. Any commercial use or
exploitation of the Site is strictly prohibited. You may view the content
on the Site on your personal computer or other internet-compatible device,
and make single copies or prints of the content on the Site for your
personal, non-commercial use only. You may not otherwise copy, reproduce,
distribute or otherwise exploit any content, code, data or materials on
the Site. If you make other use of the Site, except as otherwise provided
above, you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be subject to
liability for such unauthorized use. We do not grant any license or other
authorization to any user of our trade names, trademarks, service marks or
other marks or logos without our separate express written agreement. Third
party marks are the property of their respective owners.
3. User Submissions. In the course of your use of the Site, you may be
asked to provide, or you may provide on your own inclination, information
or materials to us (such information and/or materials referred to
hereinafter as "User Submissions"). User Submissions include, for example,
information you submit to us via your application to receive leads
("Application Data"). User Submissions also include information and
materials you submit to us via other on-line forms on the Site, by e-mail,
or in any other manner via the Site. Our information collection and use
policies with respect to the privacy of personal information (with the
exception of testimonials, which may be used as set forth in Section 5,
below) are set forth in the Site's Privacy Policy which is incorporated
herein by reference for all purposes. Please read our Privacy Policy
before submitting any User Submissions. You acknowledge and agree that you
are solely responsible for the accuracy and content of the User
Submissions. We cannot be responsible for maintaining any User Submissions
that you provide to us, and we may delete or destroy any such User
Submissions at any time. We reserve the right to refuse to post or to
remove any User Submissions, in whole or in part, that, in our sole
discretion, are unlawful, unacceptable, undesirable, inappropriate or in
violation of these Terms and Conditions.
4. Lead Flow. Leads are generated from our Site and automatically
forwarded to advisors within our referral network. Any lead information
sent to you by the Site is our property and will be shared with up to
three investment advisors. Leads of prospects that want to have their
portfolio graded or be connected with an index-based advisor will be
provided to you electronically. Because the number of actual leads will
vary, the Site makes no warranty or guarantee that the amount of leads
you've requested will be fulfilled.
5. Testimonials. If you submit a testimonial to us about how the Site has
worked for you, such testimonial will be deemed not to be confidential or
secret, and may be used by us in any manner. By submitting or sending a
testimonial to us, you: (i) represent and warrant that the testimonial is
original to you, that no other party has any rights thereto, and that any
"moral rights" in such testimonial have been waived, and (ii) you grant us
a royalty-free, unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully transferable, assignable and sub-licensable right
and license to use, reproduce, publish, distribute, display, translate,
summarize, modify and adapt such testimonial (in whole or part) and/or to
incorporate it in other works in any form, media, or technology now known
or later developed, in our sole discretion, with or without your name.
6. User Conduct. You may not complete an online application at the Site to
join our referral network for anyone else but yourself or your own
investment advisory business. By completing our online application you
agree to not to make any false or misleading or inaccurate statements or
facts about yourself or your business. Doing so will automatically lead to
disqualification and a permanent ban. You also understand that your
application is screened and may be, at the full discretion of the Site
Operator, rejected or accepted. The Index Investing Show is not obligated
to share its proprietary screening methodology with advisor applicants or
with anyone else. If your application is accepted, you must continue to
abide by our investment philosophy and maintain a clean disciplinary
history or risk being deactivated. The Index Investing Show retains full
discretion to dismiss any advisor or business from its referral network
that no longer meets its standards.
You warrant and agree that, while using the Site, you shall not upload,
post or transmit to or distribute or otherwise publish through the Site
any materials that: (a) are protected by copyright, or other proprietary
or intellectual property right, without first obtaining permission from
the proprietary or intellectual property rights holder; (b) are unlawful,
threatening, harassing, profane, tortious, defamatory, vulgar, obscene,
libelous, deceptive, fraudulent, contain explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or group
of individuals), invasive of another's privacy or hateful, (c) restrict or
inhibit any other user from using and enjoying the Site, (d) constitute or
encourage conduct that would constitute a criminal offense or give rise to
civil liability, or (e) contain a virus or other harmful component,
advertising of any kind, or false or misleading indications of origin or
statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person
or entity or misrepresent your affiliation with any other person or
entity; (b) upload, post, publish, transmit, reproduce, distribute or in
any way exploit any information or other material obtained through the
Site for commercial purposes; (c) engage in spamming, flooding, harvesting
of e-mail addresses or other personal information, spidering, "screen
scraping," "database scraping," or any other activity with the purpose of
obtaining lists of users or other information, or send chain letters or
pyramid schemes via the Site; or (d) attempt to gain unauthorized access
to other computer systems through the Site. You agree that you will not
use the Site in any manner that could damage, disable, overburden, or
impair the Site or interfere with any other party's use and enjoyment of
the 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 Site.
You agree to defend, indemnify and hold the Site Proprietor and its
directors, officers, employees, agents and affiliates harmless from any
and all claims, liabilities, costs and expenses, including reasonable
attorneys' fees, arising in any way from your misuse of the Site, your
placement or transmission of any message, content, information, software
or other materials through the Site, or your breach or violation of the
law or of these Terms and Conditions.
7. Your Account and Password. We may enable you to establish an account on
the Site with a user name and password. If so, you are responsible for
maintaining the strict confidentiality of your account password, and you
are responsible for any activity under your account and password. You
agree to (a) immediately notify us of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. It is your sole
responsibility to control the dissemination and use of your password,
control access to and use of your account, and notify the Site Proprietor
when you desire to cancel your account on the Site. We will not be
responsible or liable for any loss or damage arising from your failure to
comply with this provision.
8. Payment and Lead Credit/Refund Policy. The Site Proprietor reserves the
right to charge fees for leads sent to active advisors on its network. The
lead service will automatically be discontinued for advisors that don't
pay or are using an expired or inactive credit card. The Site also
reserves the right to change its lead fee schedule at any time and at the
sole discretion of its owners. The Site only provides refunds on leads
that meet the following criterion: 1) The lead is not a real person; 2)
Incorrect data from the prospective lead was provided making it impossible
to contact a real person. Under no other circumstances will lead credits
or refunds be provided.
9. Portfolio Grading Service/System. The "Portfolio Report Card" is a
registered trademark of the Index Investing Show and the grading system
may not be altered or changed by any investment advisors or related
organizations without the expressed written consent of the Index Investing
Show. Violators will be aggressively pursued.
10. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL
SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES,
EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES,
CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO
WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF
YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER
SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN
RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE
DATA OR INFORMATION IS LOST.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY
OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE
USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND
FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR
LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER
PERSON ON OR THROUGH THE SITE.
12. Links from and to the Site. You acknowledge and agree that we have no
responsibility for the accuracy or availability of information provided by
Web sites to which you may link from the Site ("Linked Sites"). Links to
Linked Sites do not constitute an endorsement by or association with us of
such sites or the content, products, advertising or other materials
presented on such sites. We do not author, edit, or monitor these Linked
Sites. You acknowledge and agree that we are not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on such Linked Sites.
13. Applicable Laws. We control and operate this Site from our offices in
the United States of America. We do not represent that materials on the
Site are appropriate or available for use in other locations. Persons who
choose to access this Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to
the extent local laws are applicable.
14. Miscellaneous. The Terms and Conditions and the relationship between
you and us shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You agree that any use
of action that may arise under the Terms and Conditions shall be commenced
and be heard in the appropriate court in the State of California. You
agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of California. Our failure to exercise or enforce
any right or provision of the Terms and Conditions shall not constitute a
waiver of such right or provision. If any provision of the Terms and
Conditions is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms and Conditions remain in full force and
effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action by you arising out of or related to use of
the Site or the Terms and Conditions must be filed by you within one (1)
year after such claim or cause of action arose or be forever barred.
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