PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Fiduciary Benchmarks Insights, LLC (“Fiduciary Benchmarks”) provides the website known as www.fiduciarybenchmarks.com (the “Site”). All services related to the Site are subject to your compliance with the terms and conditions set forth in this Agreement. Your use of the Site is subject to the following terms and conditions (“Terms of Use”).

BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT REGISTER WITH OR USE THIS SITE.

CHANGES TO THE SITE

We reserve the right, at our discretion, to update or revise these Terms of Use, or any information, text, data, databases, graphics, logos, images, button icons, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”) from time to time. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

PRIVACY

We are committed to protecting your privacy. We do not sell, trade, or disclose your personal information to others without your prior consent, except as set forth in our Privacy Policy. We do share aggregated user information with certain third parties. For example, we may share aggregated Ste traffic patterns or aggregated survey data, but not in any way that would enable any third party to identify information about individual users. For more details, please read our Privacy Policy.

LICENSE TO ACCESS AND USE

You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a company, only your company’s own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms of Use and may violate applicable copyright, trademark, or other laws.

You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, or as permitted under your Subscription Agreement or other agreement between you and Fiduciary Benchmarks, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancel bots, intended to damage or interfere with the proper working of the Site or any purchase being conducted on our Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site.

REGISTRATION AND SECURITY

When you register, you will be asked to provide certain information about yourself, such as your full name, company name, company Employer Identification Number (EIN), company business model, company’s broker-dealer (if applicable), and email address. You agree to provide accurate and complete information when registering. Our use and disclosure of this information will be subject to our Privacy Policy. You will establish a password as part of completing the registration process. As discussed in our Privacy Policy, it is important that you keep your password confidential at all times and not share it with anyone. You agree to notify Fiduciary Benchmarks immediately if you discover loss or access to your password by another party not under your control and supervision. Fiduciary Benchmarks will not be liable for any loss or damage arising from the unauthorized use of your password.

You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

PROPRIETARY RIGHTS

All Content is the property of Fiduciary Benchmarks or its Content suppliers. All software used on this Site is the property of Fiduciary Benchmarks or its software suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that all Content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property or proprietary rights and laws of the United States and other countries. Except as expressly authorized by Fiduciary Benchmarks, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this Site on any single computer for your use in accordance with the use rights permitted under your Subscription Agreement or other agreement between you and Fiduciary Benchmarks, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fiduciary Benchmarks is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in these Terms of Use is strictly prohibited.

TRADEMARK NOTICE

The graphics, logos and service names are trademarks and service marks of Fiduciary Benchmarks.  You may not use any of the foregoing in connection with any product or service that is not Fiduciary Benchmark’s or in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits the Site or Fiduciary Benchmarks.

DISCLAIMER OF WARRANTIES

ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. FIDUCIARY BENCHMARKS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOUR AND YOUR COMPANY’S USE OF THIS SITE IS SOLELY AT YOUR AND ITS SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU; HOWEVER, FIDUCIARY BENCHMARKS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

Except as otherwise expressly provided on this Site in connection with certain services, under no circumstances shall Fiduciary Benchmarks, its affiliates, its licensors, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”) be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fiduciary Benchmarks has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Fiduciary Benchmarks’ liability in such jurisdictions shall be limited to the extent permitted by law. If, notwithstanding the above, Fiduciary Benchmarks is found liable for any loss or damage relating to the use of this Site, you agree that the liability of Fiduciary Benchmarks shall in no event exceed, in the aggregate for all claims, the fee or charge you have paid Fiduciary Benchmarks in connection with the transaction from which your claim arises.

INDEMNIFICATION

Upon a request by Fiduciary Benchmarks, you agree to defend, indemnify, and hold harmless Fiduciary Benchmarks and its Representatives from all liabilities, losses, damages, suits, claims, and expenses, including reasonable attorney’s fees, that arise from: (a) any Submission (as defined below) or other information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Fiduciary Benchmarks; (c) your violation of these Terms or misuse of this Site; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. Fiduciary Benchmarks reserves, and you grant to us, the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fiduciary Benchmarks in asserting any available defenses.

TERMINATION OF ACCESS

Fiduciary Benchmarks and its affiliates reserve the right to terminate your access to this Site, refuse service, terminate accounts and/or cancel orders in its discretion, including, without limitation, if (a) Fiduciary Benchmarks believes that your conduct violates applicable law or is harmful to the interests of Fiduciary Benchmarks and/or its affiliates, or (b) you breach the terms of any agreement between you and Fiduciary Benchmarks, including, without limitation, these Terms of Use.

RULES OF USER CONDUCT

By posting Submissions or information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains 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), or otherwise violates Fiduciary Benchmark’s rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • imposes an unreasonably or disproportionately large load on the Site or otherwise interferes with or inhibits any other user of this Site from using or enjoying the Site; or
  • impersonates any person or entity, including any employee or representative of Fiduciary Benchmarks.

You also agree that you will not harvest or collect information about Fiduciary Benchmarks’ system users or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

With regard to all comments, feedback, suggestions , ideas and material (“Submissions”) submitted or offered to Fiduciary Benchmarks or in connection with your use of this Site, or that you may post to this Site, such as on bulletin boards and/or message boards, you (a) grant Fiduciary Benchmarks and its affiliates and licensees an irrevocable, perpetual, non-exclusive, transferable, royalty-free, and worldwide license (with the right to sublicense) to use, reproduce, prepare derivative works of, display, perform, adapt, modify, distribute, have distributed, and promote the Submission in any form, anywhere and for any purpose commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof; and (b) warrant and represent that you own or otherwise control all of the necessary rights to the Submission and that public posting and use of the Submission by Fiduciary Benchmarks will not infringe or violate the rights of any third party.

MONITORING AND RIGHT TO REMOVE CONTENT

Fiduciary Benchmarks generally does not pre-screen, monitor, or edit the Submissions posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, Fiduciary Benchmarks and its agents have the right (though not the obligation) at their sole discretion to remove any Submission that, in Fiduciary Benchmarks’ judgment, does not comply with the Site Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. Fiduciary Benchmarks is not responsible for any failure or delay in removing such content.

Fiduciary Benchmarks IS NOT AN INVESTMENT ADVISOR

You understand and agree that Fiduciary Benchmarks is not an investment manager, advisor, plan sponsor, or broker-dealer nor is it affiliated with any investment manager, advisor, plan sponsor, broker-dealer, or consulting firm. The information on this Site is intended for educational and informational purposes only. Accordingly, Fiduciary Benchmarks does not offer advice regarding the quality or suitability of any investment and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any plan sponsor, expert panelist, broker-dealer, advisor, investment manager, or financial service provider featured on this Site. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Fiduciary Benchmarks shall not have any liability for investment decisions based upon, or the results obtained, from the Content provided herein.

INTERNATIONAL USE

Fiduciary Benchmarks makes no representation that the Site or Content are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

CHOICE OF LAW AND FORUM

The Site (excluding linked sites) is operated by us from our offices within the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing the Site, you agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of New York, without regard to its conflict of laws provisions.  Each of you and your company consents to the exclusive jurisdiction of the state and federal courts located in the State of New York in connection with all disputes arising under these Terms of Use or otherwise involving this Site and waives any objection to the propriety or convenience of venue in such courts.  EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THESE TERMS OF USE, OR OTHERWISE INVOLVING THIS SITE.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use and the Privacy Policy (as each may be revised and amended from time to time) collectively constitute the entire agreement between you and Fiduciary Benchmarks with respect to this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fiduciary Benchmarks with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

OTHER AGREEMENTS

Notwithstanding the above SEVERABILITY AND INTEGRATION provision, if you have entered into a separate written agreement with Fiduciary Benchmarks with respect to your use of the Site or any Content, that agreement will supersede these Terms of Use to the extent they are in conflict.

MISCELLANEOUS

Our electronically or otherwise properly stored copy of these Terms of Use will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.

Any provisions of these Terms of Use that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you or your company and our Representatives.

We may assign our rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

HOW TO CONTACT US

If you have any questions or comments regarding these Terms of Use or the Site, please call us at (866-516-4909) or contact us at service@fiduciarybenchmarks.com