CHANGES TO THE SITE
LICENSE TO ACCESS AND USE
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
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.
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.
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
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 services 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.
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
SEVERABILITY AND INTEGRATION
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
Possible evidence of the 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.
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