|
TERMS AND CONDITIONS FOR FINANCIAL ADVISORS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING THE REGISTRATION FEE AND COMPLETING THE PRELIMINARY EVALUATION QUESTIONNAIRE. Your being rated by Advisor Star is expressly conditioned on your acceptance of the following terms and conditions (the "Financial Advisor Conditions") which may be modified by Advisor Star from time to time without notice to you. By agreeing to being rated by Advisor Star, you give Advisor Star the right to change such Financial Advisor Conditions, and agree that each time you renew the Term, as defined in paragraph 4 below, you accept the Financial Advisor Conditions as they then exist. In addition, when using Advisorstar.com (the "Site") for purposes other than to be rated, you shall be subject to the Terms and Conditions of Use (the "Conditions of Use") applicable to the Site that may be posted from time to time. All such Conditions of Use are hereby incorporated by reference into these Financial Advisor Conditions.
|
| |
|
1. SERVICES TO BE PROVIDED BY ADVISOR STAR.
|
|
Upon receipt of the required annual fee and compliance by you with all of these Financial Advisor Conditions, the Financial Advisor will be rated by Advisor Star. The Advisor will be advised in writing as to the results of the rating. The Advisor's rating will be listed for a period of 12 months on the Advisor Star website. During such 12 month period, the Financial Advisor may state in any literature that he is rated by Advisor Star and may disclose the rating. All such literature shall indicate that "Advisor Star" and the "Advisor Star Logo" (as the same may be modified from time to time in the sole discretion of Advisor Star) are the sole property and trademarks of Advisor Star and are used with permission of Advisor Star.
|
| |
|
2. THE RATINGS.
|
|
All ratings are assigned by Advisor Star in its sole and absolute discretion and are final once awarded. If you disagree with such rating, you may advise Advisor Star in writing that you do not wish the rating to be published, or, if such rating has been published, that you wish the rating to be removed from the Advisor Star website. YOU EXPRESSLY AGREE THAT ADVISOR STAR SHALL NOT HAVE ANY LIABILITY TO YOU OF ANY NATURE WHATSOEVER IF YOU FIND THE RATING TO BE UNACCEPTABLE TO YOU. IF YOU DISAGREE WITH THE RATING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST IN WRITING THAT ADVISOR STAR DELETE YOUR RATING FROM ITS WEBSITE AND ADVISOR STAR SHALL DO SO REASONABLY PROMPTLY BUT ADVISOR STAR SHALL HAVE NO LIABILITY TO YOU IF IT SHALL FAIL TO DO SO. YOU FURTHER UNDERSTAND THAT ANY FINANCIAL ADVISOR WHO HAS RECEIVED A RATING AND REQUESTS THAT THE RATING BE REMOVED FROM THE WEBSITE WILL CONTINUE TO BE LISTED AS AN ADVISOR WHO IS "NO LONGER RATED" AND YOU EXPRESSLY CONSENT TO SUCH LISTING.
|
| |
|
3. FEE.
|
|
The fee to receive an Advisor Star rating and to receive the other benefits described in Section 1 is $1700 per year. Such fee is non-refundable under any circumstances, even if you request that your rating no longer be listed on the website. The fee is subject to change without notice at any time and from time to time in Advisor Star's sole discretion.
|
| |
|
4. TERM.
|
|
Your annual fee of $1700 entitles you to an Advisor Star rating, to be listed on the Advisor Star website and to refer to yourself as a rated Advisor Star Financial Advisor for a period of 12 months from the date your rating is first published on the Advisor Star website. This period of 12 months is called the "Term". Subject to Section 5, the Term will automatically be renewed for additional successive periods of 12 months each unless you advise Advisor Star in writing not less than 30 days prior to the end of any Term that you do not wish to renew your listing. If your initial payment was made by credit card, the then applicable fee will be automatically charged to your credit card and by accepting these Financial Advisor Conditions you consent to such charge. If your initial payment was made by check, you will receive an invoice for an amount equal to the then applicable fee, which fee you agree to pay on or before the due date indicated on your invoice. Upon termination of your membership, you will immediately cease to refer to yourself as being rated by Advisor Star or to refer to your rating in any manner whatsoever and shall immediately remove all references to Advisor Star wherever it may appear.
|
| |
|
5. RIGHT TO CANCEL.
|
|
Advisor Star may refuse to renew your Advisor Star membership at any time in its sole discretion.
|
| |
|
6. ENROLLMENT.
|
|
You may become an Advisor Star member by completing the questionnaire which you will find on the website and by paying the fee as required. All enrollments are subject to acceptance by Advisor Star which may reject any such request for enrollment in its sole discretion. If a request for enrollment is not accepted, the fee will be refunded so long as the rating process has not begun; if such process has begun, the fee will not be refunded.
|
| |
|
7. ACCURACY OF INFORMATION.
|
|
You are solely responsible to assure that all information which you provide is completely accurate. If Advisor Star determines after your rating is awarded and published that information which you provided is inaccurate or if you fail to promptly inform Advisor Star of any change in the information previously provided by you to Advisor Star, your membership will be immediately terminated, your rating will be deleted, you will be referred to on the website as an advisor who is no longer rated, you will not be permitted to reapply for a new rating for 18 months, you must immediately cease making any use of the Advisor Star rating in any form and your fee will not be refunded.
|
| |
|
8. INDEMNIFICATION.
|
|
Advisor Star assumes no liability, does not guarantee and shall not be liable for any damages, losses or liabilities in connection with the quality of services provided by you. Accordingly, you agree to indemnify, defend and hold harmless Advisor Star and its officers, directors, shareholders, agents, employees, representatives, associates, affiliates, successors and assigns, from and against any and all losses, costs, damages, liabilities and expenses whatsoever, including reasonable attorneys' fees relating to or arising directly or indirectly out of any services provided to any third party by you.
|
| |
|
9. NO WARRANTY.
|
|
Advisor Star makes no representation or warranty that the Advisor Star Rating system will result in any business or referrals to you.
|
| |
|
10. CONFIDENTIALITY.
|
|
All information which you provide to Advisor Star in connection with its determination of your rating will be maintained as confidential by Advisor Star and shall not be sold, released or disseminated to third parties except to the extent required by law.
|
| |
|
11. SEVERABILITY.
|
|
These Financial Advisor Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
|
| |
|
12. GOVERNING LAW.
|
|
These Financial Advisor Conditions are governed by the laws of the State of New York, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the State and Federal Courts of Nassau County, New York for all questions and controversies arising out of these Financial Advisor Conditions or other Conditions of Use incorporated by reference herein. You further consent to service in any action arising hereunder by mail.
|
| |
|
13. BINDING EFFECT.
|
|
These Financial Advisor Conditions are binding upon each of us and our respective heirs, executors, successors and assigns.
|
| |
|
14. HEADINGS.
|
|
The headings used in these Financial Advisor Conditions are included for convenience of reference only and in no way define, limit, extend or describe the scope of the Financial Advisor Conditions or otherwise affect these Financial Advisor Conditions.
|
| |
|
15. WAIVER.
|
|
The failure of Advisor Star at any time to require performance of any provisions hereof or the waiver of any breach hereof by you shall not in any manner affect the right to subsequently enforce the same. No waiver by Advisor Star of any condition or the breach thereof by you shall be deemed or construed as a further or continuing waiver of any such condition or breach.
|
| |
|
16. ENTIRE AGREEMENT.
|
|
These Financial Advisor Conditions, together with the Conditions of Use incorporated herein or referred to herein, constitute the entire agreement between Advisor Star and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
|
| |
|
17. AMENDMENT.
|
|
These Financial Advisor Conditions may be modified at any time by Advisor Star in its sole discretion without notice to you. No Advisor Star representative except a duly elected officer has the authority to modify or waive your compliance with these Financial Advisor Conditions.
|
| Find An Advisor | Who We Are | FAQ | Become A Rated Advisor |
