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Terms of UseWelcome to FinancialAdvisorTools.com.This website is owned by Paladin Registry, Inc. The following statements set forth Paladin company's (hereinafter referred to as "Paladin") Terms of Use for the Financial Advisor Tools website, the Paladin Registry website (hereinafter referred to as "the Paladin Registry"), and other Paladin owned websites. Please read this document carefully and in its entirety before using any tools or services on any Paladin owned website. By accessing the content or services on this website, you acknowledge that you have read and understand the following Terms of Use and agree to be bound by the terms and conditions described herein. Terms of use apply to investors and potential investors (hereinafter referred to collectively as "Investor(s)"), financial professionals (hereinafter referred to as "Advisor(s)"), and all members of the general public (hereinafter referred to as "Public") who access Paladin owned websites. 1. Non-Commercial UseAll services on this website are intended for your personal use and in accordance with the other terms and conditions of this agreement. It is not intended that any person or company use the information on the site, including the names of advisors, for recruiting, marketing of financial products or services, or purposes that otherwise violate the intent of the services on this website and/or is considered "Spam" by Advisors or Investors or by the Paladin Registry. Persons or companies that violate this restriction or use the Paladin Registry for any other commercial purpose will be subject to legal action. 2. Copyrighted MaterialAll information, text and graphics that are provided on the website are the intellectual property of Paladin Registry, Inc. and/or third party providers and are protected by copyright and other intellectual property laws, with all rights reserved. Investors, Advisors, and Public may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information on this site without the express written consent of Paladin in advance. 3. Service Mark and Copyright"Paladin Registry", "Paladin Investors", "Paladin Registry Advisor", "PaladinRegistry.com", "Paladin Registry Fiduciary Advisor", "PaladinInvestors.com," "Paladin Investor Resources" "Paladin Principles", "FinancialLanguage.com", and "Who's Watching Your Money"? are claimed service marks or trademarks of Paladin Registry, Inc. All material, including text and graphics, presented on this site, are protected by the Copyright Laws of the United States of America and each of the States of the Union, along with various international treaties and laws. The information, materials and other content of this site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise be used for public or commercial purposes without the express written consent of Paladin Registry or the owner of the particular material protected by Copyright Law and such consent shall be in the sole discretion of the owner of the intellectual property so involved. 4. Intellectual PropertyInvestors, Advisors, and Public understand and agree that the Paladin websites contain intellectual property that belongs exclusively to Paladin and is provided for the exclusive limited use of Investors and Advisors who use the services on the site. All Investors, Advisors, and Public agree to protect Paladin's intellectual property from any person or company who would misuse it and agree to accept full responsibility for any illegal copying of such intellectual property should such an act be traced to the involvement of any Investor, Advisor or member of the General Public. 5. LinksSome links to third parties that are on this web site may require Investors or Advisors to provide additional information or enter into a specific additional agreement, for such a link to be published on our site. Paladin is not responsible or liable for information collected by other sites and the use of such information by other sites. "Deep Linking" to the Registry web site is expressly forbidden. 6. Financial Service Licenses/Hold Harmless InformationPaladin is not licensed to provide any type of investment advice or sell any financial products for compensation. Nor can Paladin participate in the revenue streams associated with the sale of financial advice or products by licensed advisors and companies. The primary purpose of the Paladin Registry and affiliated websites is Investor education, advisor information, and to provide a selection of potential Advisors to Investors or Potential Investors. All Investors or Potential Investors agree to conduct their own due diligence and independent investigation of any Advisor they learn about on the Paladin Registry and to fully and independently investigate any claims or statements made by any such Advisor, including any information or claims that are published about any such Advisor on the Registry web site. Further, all Investors and Potential Investors who use any tool or service on the Paladin Registry web site agree to hold Paladin harmless and to indemnify Paladin from any claims of any nature regarding any involvement of any nature with any Advisor listed on our web site. Specific Disclaimers:All Investors or Potential Investors agree to hold Paladin Registry HARMLESS and indemnify Paladin Registry (and all officers, owners, employees, partners, associates and agents) from any civil action or loss of any nature resulting from:
7. Accuracy of InformationPaladin shall not have any liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the information on this web site. 8. Free Public ServicesPaladin does not charge Investors or Potential Investors for the four primary services on the Paladin Registry website and on affiliated websites. Paladin Registry does charge a nominal fee for providing ratings of advisors that are requested by Investors or Potential Investors. 9. WarrantyEXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PALADIN REGISTRY, THIS SITE
AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, PALADIN MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL
MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS PROVIDED ON THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY ADVISORS, PRODUCTS, SERVICES OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR
MATERIALS WILL BE CORRECTED. 10. Advisor Admittance ProcessThe Paladin Registry's Advisor admittance process is based on, but not limited to, the Advisor's experience, education, certifications, fiduciary status, compliance record, wealth management services, methods of compensation and scope of current business, with all such information and data provided to Paladin Registry by each Advisor. All such information and data are not independently verified by Paladin Registry and all relevant background checks, due diligence, and investigation into any such claims, information and data must be solely and exclusively done by the Investor or Potential Investor. The Investor or Potential Investor, and all members of the General Public, agree to hold Paladin Registry harmless and to indemnify Paladin Registry against any losses or civil claims of any nature regarding reliance on any claim, information or data provided by any Advisor located via this web site. While the data, information and claims provided by any Advisor and published on this web site are potential characteristics that may assist an Investor or Potential Investor to make an intelligent and thoughtful decision regarding the selection of such Advisor, all such data, information and data must be independently investigated by the Investors or Potential Investors. While a high percentage of Advisors who apply for admittance to the Paladin Registry voluntarily withdraw or are declined by Paladin for various reasons, all Investors and Potential Investors still must complete an independent, thorough investigation of Advisor prior to following Advisor's advice or giving Advisor control over any assets. 11. Five StarsFive Stars is a frequently used indicator that denotes the "best". All Advisors who are admitted to the Paladin Registry have received a Five Star rating. Advisors who receive less than a Five Star rating are not admitted to the Paladin Registry. The Five Star rating is not intended to be a certification or designation. Some Advisors in the Paladin Registry have more credentials than other Advisors. All professionals are screened by Paladin Registry analysts prior to being admitted to the Registry, however, such screenings are entirely based on the materials, claims and information provided by Advisor and are not independently verified or investigated by Paladin Registry or Paladin Registry analysts. Paladin's evaluation process is based on information and claims presented to Paladin Registry by the Advisors, themselves, and includes various credentials, ethics related claims, and business practices information, such as wealth management services, method of compensation, client services and so forth. As all such information and claims are not independently investigated or verified by Paladin Registry, Investor must be solely responsible for all such investigations and verifications and the reliability of the data. 12. Five Star DisclaimerTHE FIVE STAR RATING DOES NOT REPRESENT OR IMPLY THAT ADVISORS WHO HAVE RECEIVED THE RATING WILL PRODUCE BETTER RESULTS THAN ADVISORS WITHOUT A FIVE STAR RATING OR THAT THEY ARE REPUTABLE, HONEST OR BEYOND FRAUDULENT OR MISLEADING ACTIVIES. ADVISORS WHO EXHIBIT THE FIVE STAR RATING WILL HAVE A RANGE OF QUALIFICATIONS AS DESCRIBED IN THEIR PROFILES AND CLAIMED BY THE ADVISORS THEMSELVES.. A FIVE STAR RATING INDICATES THE ADVISORS HAVE PROVIDED INFORMATION AND CLAIMS THAT, ON THE SURFACE, MET THE MINIMUM QUALITIATIVE STANDARDS OF THE REGISTRY FOR THIS RATING, BUT DOES NOT GUARANTEE FUTURE RESULTS OR THE COMPETENCE, SERVICES, AND INTEGRITY OF THE ADVISORS WHO ARE PROFILED IN THE PALADIN REGISTRY. 13. Endorsements, Recommendations, and TestimonialsInformation on the Paladin website is not an endorsement, recommendation, or testimonial for any particular Advisor, product, sponsor, third party website, or company. All data that appear in the Paladin Registry are for informational purposes only. 14. Search ConsultantsPaladin Registry provides a consultant for no charge to Investors to help them find financial advisors who are profiled in the Registry. Consultants use information provided by Investors to find advisors who are profiled in the Registry and who meet Investors' requirements. Paladin Registry consultants do not recommend or endorse particular Advisors and no information that is provided by consultants is intended to be advice that impacts Investor decision-making. Investors are solely responsible for selecting advisors and conducting all needed independent investigations of any potential Advisors before selecting them. 15. Advice DisclaimerPaladin does not provide any type of financial, legal, or tax advice on this website. The content of this site is intended for informational and educational purposes only. Investors should consult a qualified, licensed financial, tax, or legal professional before making any decisions based on the information on this website. 16. Learn from the Pros and In the NewsThe articles in these sections of the Registry website are for informational purposes only and should not be acted upon without a thorough review by a qualified professional. The articles are not intended to be financial, legal, or tax advice from the Paladin Registry. The information and advice in the Learn from the Pros section of the Registry website is provided by Advisors who are profiled in the Paladin Registry and are licensed to provide financial advice and services. The Advisors are solely responsible for any advice or recommendations that are found in their articles, the quality of the advice or recommendations, and any outcomes associated with the advice or recommendations. Paladin Registry is not responsible for the content of articles or the views expressed in the articles. Paladin Registry publishes the articles as a free public service for Investors who want to expand their financial knowledge. 17. Advisor RecommendationsPaladin Registry does not recommend the retention, termination, or selection of particular advisors. The decision to select, retain or replace planners or advisors is the sole responsibility of Investors. 18. Investor UseInvestors use Registry services to increase their knowledge, find Advisors, and review the credentials and business practices of Advisors who are profiled in the Registry. Investors are solely responsible for their use of Registry information and Paladin has no responsibility or liability for Investors' use of Registry information and services and all Investors and users of the information, tools and services offered and published on this site are done so at the sole risk of the Investor or user. 19. Investor ResultsPaladin does not represent, warranty, or guarantee that Investors will experience better results from Advisors who are profiled in the Registry when compared to advisors outside the Registry. 20. Advisor QuestionnairePaladin provides the Advisor Questionnaire solely for information purposes only to Investors who do not know the right questions to ask Advisors to determine the quality of their credentials, ethics, and business practices. The questionnaire does not include all of the questions that Investors should ask Advisors. Advisors may or may not provide truthful answers to the questions in the questionnaires. Investors are encouraged to check all of the information that is provided by Advisors to validate its accuracy. Investors are solely responsible for all of their Advisor selection and retention decisions. 21. Advisor Rating SystemPaladin provides the Advisor Rating System as an information service that Investors can use to measure the quality of Advisor credentials, ethics, and business practices. Advisors with higher ratings may not produce better results than Advisors with lower ratings. Investors develop their own minimum requirements when they use the Advisor Rating System. 22. Advisor Aggregate CharacteristicsPaladin may advertise or promote the aggregate characteristics of the Advisors in the Paladin Registry. The data that describe Registry Advisors are based on random samples, and the actual percentages may be higher or lower than the data used by Paladin. 23. Compliance RecordsA small percentage of advisors in the Paladin Registry may have one or more disclosures in their compliance records. Paladin reserves the right to review the disclosure(s), and if in Paladin's sole determination, the complaint was frivolous, Advisor can still be admitted to the Paladin Registry with or without full disclosure of the complaint to Investors. Investors who use the Paladin Registry to find and review Advisors should always check the Advisors' ADV Part IIs and the Advisors' compliance records with the SEC, FINRA, and applicable State Regulators. Paladin provides links to these regulators on its external site in the Information Center. 24. Paladin CompensationAll Advisors who have been admitted to the Registry, pay fixed monthly membership fees to Paladin. In addition, some Advisors may pay optional variable or fixed fees for matches to Investors who were referred to the Registry by linked, third party websites or companies that provide referrals to Registry Advisors. Paladin may or may not participate in the optional fees that are charged by third party websites for referrals to offset its administration and match processing expenses. 25. Notification of ChangesThe information on the Paladin Registry website is subject to change without notice. Paladin may or may not inform Investors and Advisors of changes to the website. In any event, Paladin is not liable for the completeness or timeliness of the notifications. 26. Privacy Policy and Third Party WebsitesPaladin will hold all Investor and Advisor data in the strictest privacy. Paladin reserves the right to send Investor data to third party websites if Paladin cannot provide the services Investor is seeking and Paladin believes one or more third party websites can provide the services that Investor is seeking. Paladin cannot guarantee that the third party websites will provide the services that Investor is seeking, Paladin is not responsible or liable for any actions that are taken by third party websites that receive Investor data from Paladin and the results of third party websites that are experienced by Investor. Third party websites may refer Investor to advisors and other service providers who are listed on their respective websites. Advisors and other service providers on third party websites do not have to meet the same admittance requirements as advisors who are profiled in the Paladin Registry. See the Privacy Policy on the bottom navigation bar of the Paladin Registry website for additional information about Paladin's data collection and dissemination policies. 27. Privacy Policy and Direct Email Special Research ReportsPaladin may send Investors who use Registry services a free monthly research report about financial advisors. Content can include information about financial advisors, a scam report, and questions and answers. Paladin reserves the right to provide additional education content that it believes will benefit investors. Investors can request to be removed from the research report distribution list at any time. 28. Usage DataPaladin monitors the activity on the Registry website and uses general information, not personal information, to prepare reports that are used by Paladin and may be disseminated to Advisors, third parties, and the media. 29. CookiesA cookie is a data file delivered by a small, automatic program that Paladin transfers to Investor or Advisor hard drives when they visit the Registry website. Paladin uses cookies to measure activity on its website, improve the content of its website, notify Investors and Advisors of enhancements to its website, and for general marketing purposes. You can disable cookies by reviewing the help file of your browser, but any such disability will affect the operation of the Registry web site as displayed on your browser and will diminish your ability to use our web site. 30. Third Party WebsitesThe Registry website may be linked to certain third party websites that we believe add value for Investors and Advisors. Paladin is not liable for the quality, accuracy, security, completeness, or timeliness of their services. In addition, the link does not imply any form of endorsement or recommendation by Paladin. Links are for the convenience of Investors and Advisors only. Paladin is not responsible for the Terms of Use or the privacy policies of such websites and you should carefully review the Terms of Use and the privacy policy of each site prior to using its services or viewing its content. 31. Registry IconsAdvisors may link their websites to Paladin using an icon that is provided by Paladin. The use of the icon does not represent a recommendation, endorsement or testimonial by Paladin. 32. Registered Investment AdvisorPaladin Registry, Inc. is an SEC Registered Investment Advisory firm. Paladin is registered with the SEC because it links investors to advisors through the Registry. Paladin does not sell any investment products or provide any financial advice. 33. IndemnificationYou agree to indemnify, defend, and hold Paladin harmless as well as its officers, partners, owners, directors, agents, licensors, suppliers, and any third party providers to Paladin from and against all losses, expenses, damages, and costs, including reasonable legal fees resulting from any legal action that results from your use of any of the services on this website. 34. Limitation of LiabilityIN NO EVENT SHALL PALADIN, ITS AFFILIATES AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PALADIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PALADIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALADIN THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME JURISDICTIONS PROHIBIT EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY. 35. Governing Law, Jurisdiction and ArbitrationThis Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Terms of Use document will be resolved through mandatory binding arbitration conducted in Sacramento, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys' fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. 36. GeneralThe Terms of Use, Privacy Policy, Member Agreement, and other rules, guidelines, license agreements for downloadable software and disclaimers posted on this website constitute the entire agreement between Paladin and Investors, Advisors, and Public with respect to their use of this website. Paladin Registry reserves the right to amend, change or modify the terms of this Agreement at anytime without any prior notice to you. In the event that you use any tool or service that Paladin provides subsequent to any amendment, change or modification having been made in this Agreement and published on this web site, such usage is your express agreement to be bound by the most current version of this Agreement, including any amendments, modifications or changes. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, Privacy Policy, Advisor Agreement, or portions thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Paladin to enforce or exercise any provision of the Terms of Use, Privacy Policy, Member Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use, Privacy Policy, and Advisor Agreement are purely for convenience and carry with them no legal or contractual effect. |