Welcome to Bondflyer.com, LLC's ("Bondflyer.com") Online Flyer Creator
Service for Financial Advisors (the "Service"). The Service, which comprises this
website and related services, including but not limited to electronic mail (e-mail)
newsletters, services, and updates, is owned and operated by Bondflyer.com.
Your access to and use of the Service is subject to the Terms and Conditions set
forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE
SERVICE. BY USING THE SERVICE, YOU WILL BE ACKNOWLEDGING
THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY
BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SERVICE. BONDFLYER.COM MAY, FROM TIME TO TIME, MAKE CHANGES
OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF
THE SERVICE AFTER BONDFLYER.COM MAKES SUCH CHANGES OR
ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR
ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE
OF THE SERVICE TO REVIEW THE THEN-CURRENT TERMS AND
CONDITIONS.
For those Bondflyer.com Members who obtained their own individual
account directly:
AUTHORIZED USERS. YOU REPRESENT THAT YOU ARE AT LEAST 18
YEARS OLD AND ARE A FINANCIAL SERVICES PROFESSIONAL WITH A
CURRENTLY VALID SECURITIES LICENSE SUCH, AS A SERIES 7 LICENSE,
OR A PROFESSIONAL DESIGNATION, SUCH AS CFP, CFA, CIMA, CIMC.
CREDIT CARD AND REGISTRATION INFORMATION. Except during any free
trial period, you agree to provide Bondflyer.com with accurate and complete
credit card and registration information and to promptly update such information
with any and all changes that may occur from time to time. Failure to do so shall
constitute a breach of this Agreement and shall result in a termination of your
account and subject you to civil and possibly criminal liability.
TRIAL MEMBERSHIP RESTRICTIONS. To the extent that Bondflyer.com
makes available free or discounted introductory trial memberships, you shall not
accept more than a single such offer. Accepting more than a single such offer,
whether by utilizing a false identity, or by providing Bondflyer.com with false or
misleading registration information, or by using any other means or
circumstance, shall result in a termination of all of your accounts and subject you
to civil and possibly criminal liability.
FEES, SURCHARGES, AND BILLING. Fees, surcharges, and billing methods
may be obtained by visiting the "account" area on the Service. Bondflyer.com
reserves the right to change its fees, surcharges, and billing methods at any
time. If any such change is not acceptable to you, you may terminate your
membership as provided in Section 20 of the provisions "For All Bondflyer.com
Members" below. Your continued use of the Bondflyer.com Service shall be
deemed acceptance of such change. Your membership fee is payable in
advance and is not refundable in whole or part. You are responsible for all
charges incurred in connection with your password and username. All invoices
are payable immediately upon receipt. Bondflyer.com shall have the right to
terminate your account if any invoice becomes more than thirty (30) days past
due.
For All Bondflyer.com Members:
PASSWORD AND USERNAME. As a member, you will receive a password and
a username, or other means to access the Service, that you are to keep private
and not share with any other person. You are responsible for all activities
conducted using your password and username, or other means to access the
Service. You are also responsible for all messages posted to the discussion
boards using your screen name.
AUTHORIZED USES. You may print a copy of material displayed on the Service
for non-commercial, personal use only, provided that you also retain all copyright
and other proprietary notices contained on the materials. You may not, however,
distribute, modify, transmit, reuse, re-post, or use the content of the Service for
public or commercial purposes, including the text, images, audio, and video,
without Bondflyer.com's written permission.
PROPRIETARY RIGHTS. You should assume that everything that you see or
read on the Service is protected under the copyright laws of the United States
and other countries and may not be used except as provided in these Terms and
Conditions or in the text on the Service without the written permission of
Bondflyer.com. Bondflyer.com neither represents nor warrants that your use of
materials displayed at the Service will not infringe rights of third parties not
owned by, or affiliated with, Bondflyer.com.
THIRD-PARTY CONTENT POSTED AT THE SITE. You acknowledge that the
Bondflyer.com Service contains content that is generally licensed to
Bondflyer.com by independent content providers or posted by Bondflyer.com
users to the Bondflyer.com Discussion Boards. Bondflyer.com disclaims any and
all liability for the content of this information, including, but not limited to, its
accuracy, completeness, correctness, currentness, or usefulness.
SECURITY AT THE SITE. While Bondflyer.com uses reasonable efforts to
safeguard the security of the Service, there can be no guaranty that such
safeguards will successfully prevent unauthorized alterations in the content or
functionality of the Service. Bondflyer.com disclaims any and all liability for any
unauthorized alterations in the content or functionality of the Service.
SECURITIES LAWS DISCLAIMERS. Under no circumstances should any
material at the Service be used or considered as an offer to sell or a solicitation
of an offer to buy the securities or any other instruments of any issuer. It is
possible that one or more of the independent content creators may make a
market or deal as principal in the securities, commodities, or instruments
mentioned in materials at this Service or in options or other derivative
instruments based thereon. In addition, any of the independent content creators
may from time to time have long or short positions in such securities or in
options, futures, or other derivative instruments based thereon. One or more
directors, officers, and/or employees of the independent content creators may be
a director of the issuer of the securities mentioned at this site. One or more of
the independent content providers or its affiliates may have managed or comanaged
a public offering of, or acted as initial purchaser or placement agent for
a private placement of, any of the securities of any issuer mentioned at this
Service, or may from time to time perform investment banking or other services
for, or solicit investment banking or other business from, mentioned companies.
NO GUARANTY OF PERFORMANCE. Past performance is not indicative of
future results; no representation is being made that any investment account will
or is likely to achieve profits or losses similar to those described.
DISCLAIMER OF WARRANTIES. Your use of the Service is at your risk.
Neither Bondflyer.com nor any other party involved in creating, producing, or
delivering the Service makes any representations about the suitability of the
content of this Service for any purpose, nor that your use of the Service will be
uninterrupted or error-free. NO SUCH PARTY SHALL BE LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF,
THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREON.
EVERYTHING ON THIS SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check your local laws for
any restrictions or limitations regarding the exclusion of implied warranties.
Bondflyer.com also assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or downloading of any materials,
data, text, images, video, or audio from the Service.
LIMITATION OF LIABILITIES. TO THE EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL BONDFLYER.COM'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE, EXCEED THE LESSER OF $100 OR
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
INDEMNIFICATION OBLIGATION. Upon request of Bondflyer.com, you agree
to defend, indemnify, and hold harmless Bondflyer.com and its affiliates and their
respective directors, officers, and managers, from any and all liabilities, claims,
and expenses, including attorney's fees, arising from your breach of these
Terms and Conditions. Bondflyer.com reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder, and in such event, you will have no further
obligation to provide indemnification for such matter.
CONTENT AND INFORMATION PROVIDED BY YOU. While Bondflyer.com
appreciates your comments, we cannot guarantee that we will respond to your
messages. Furthermore, any communication or material you transmit to the
Service by e-mail or otherwise, including any data, questions, comments,
suggestions, messages posted to our Discussion Boards, site use data and
information, or the like, is, and will be treated as, non-confidential and nonproprietary.
Anything you transmit or post may be used by Bondflyer.com or its
affiliates for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Bondflyer.com is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to the Service for any purpose whatsoever including,
but not limited to, developing, manufacturing, and marketing products using such
information.
IMAGES OF PEOPLE OR PLACES. Images of people, places, or objects
displayed on the Service are either the property of, or used with permission by,
Bondflyer.com. Notwithstanding anything to the contrary contained herein, the
use of these images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the Service. Any unauthorized use of the
images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
TRADEMARK INFORMATION. The trademarks, logos, and service marks
(collectively the "Trademarks") displayed on the Service, are registered and
unregistered Trademarks of Bondflyer.com and others. Nothing contained on the
Service should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Service without the
written permission of Bondflyer.com or such third party that may own the
Trademarks displayed on the Service. Your misuse of the Trademarks displayed
on the Service, or any other content on the Service, except as provided in these
Terms and Conditions, is strictly prohibited. You are also advised that
Bondflyer.com will aggressively enforce its intellectual property rights to the
fullest extent of the law, including the seeking of criminal prosecution.
LINKS. Bondflyer.com has not reviewed all of the sites linked to the Service and
is not responsible for the content of any off-site pages or any other sites linked to
the Service. Your linking, or following of links, to any other off-site pages or other
sites is at your own risk.
RULES OF CONDUCT: Bondflyer.com offers you multiple ways to interact with
your peers, including discussion boards, chat, and e-mail. Bondflyer.com is
under no obligation to do so and assumes no responsibility or liability arising
from the content of any such locations nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the Service.
Accordingly, you agree to use Bondflyer.com for lawful purposes only. You may
not use or allow others to use your Bondflyer.com membership to:
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INTERNATIONAL USE. None of the products or underlying information or
technology available at this Service may be downloaded or exported (i) into (or
to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or
any other country to which the United States has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
from or using the Service, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such
list. You further agree to indemnify Bondflyer.com against any and all costs,
liabilities, losses, or expenses arising from, or relating to, any asserted violation
by you of any of the laws and administrative regulations of the United States
relating to the control of exports of commodities and technical data.
MONITORING, COPYING, ALTERING OR INTERFERING WITH THE SITE.
You agree that you will not use any device, software, or routine to interfere or
attempt to interfere with the proper working of the Service. You agree that you
will not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure.
NOTICES AND CONTACT. Bondflyer.com may give you any and all notices, or
otherwise contact you, by means of a general notice on this Service, e-mail to
your e-mail address on its records, or by written communication sent by mail to
your mailing address on its records.
TERMINATION OF MEMBERSHIP. Bondflyer.com may terminate your
membership at any time for a violation of any of the Terms and Conditions. You
may also terminate your membership at any time. Your exclusive remedy with
respect to your dissatisfaction with respect to any aspect of any term, policy,
procedure of Bondflyer.com, content at the Service, or fees or surcharges or
changes therein, is to terminate your membership by contacting Bondflyer.com
directly at 1-888-825-2920 or by emailing Bondflyer.com at support@bondflyer.com.
In the event that your account is terminated or canceled, no refund of any fees or
surcharges will be granted and no unused time will be convertible into cash or
any form of credit. The rights of Bondflyer.com under this Agreement shall
survive any termination of your membership.
GOVERNING LAW. These terms and conditions shall be governed by and
construed in accordance with the laws of the State of Florida, without giving
effect to any principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these Terms and Conditions shall be filed only
in the state or federal courts located in Palm Beach County, and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes of
litigating any such action.
SEVERABILITY. If any provisions of these Terms and Conditions shall be
unlawful, void, or for any reason unenforceable, then the provision shall be
construed consistent with applicable law as nearly as possible to reflect the
original intent of the parties, and the remaining provisions shall remain in full
force and effect.
WAIVER. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof.
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