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Most Recent Update: June 22, 2009
Welcome to the FindFinancialAdvisors.com web site, which is owned and operated by Paladin Internet Properties, Inc, (Paladin, Directory, Web Site, We, Us, Our). The following Terms of Service ("TOS") contain the terms and conditions that govern your (Consumers, Investors, Potential Investors, media, or Professionals) use of the Web Site and any information, tools and services that we provide. This TOS Agreement describes your rights and responsibilities and what you can expect from our Web Site. Your use of the Web Site and any of the information, tools and services provided by this Web Site constitute your express acceptance of these TOS. Please read this document carefully before accessing or using the Web Site and any of the information, tools or services that are provided by the Web Site.
Paladin reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a most recent update or a new TOS on the Web Site. You are responsible for regularly reviewing these TOS each time you use any information, tool or service that is provided by this Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site or any of the information, tools and services that We provide. Your use of the Web Site or the information, tools and services provided by this Web Site following the posting of an update or new TOS on Our Web Site constitutes your express and binding acceptance of the changes.
1. The FindFinancialAdvisors Directory Service in General and Claims of Copyright Infringement
1.1 We provide listings, contact information, and background information regarding financial, accounting, insurance and legal professionals, (“Professionals”) to Consumers, Investors, and Potential Investors. Use of the tools and services, including all references published herein, regarding such Professionals, are subject to our Special Disclaimer listed herein. The information published through or via our Web Site is for educational and informational purposes only. We make no warranty, actual or implied, as to the quality of Professionals listed or advertised on our Web Site and we shall not be liable or responsible in any manner for your use of the services or information on our Web Site.
1.2 SPECIAL DISCLAIMER I. THE INFORMATION PRESENTED THROUGH THIS WEB SITE IS NOT INTENDED TO BE LEGAL, FINANCIAL, TAX OR INSURANCE RELATED ADVICE, AND IS NOT GIVEN AS SUCH. THIS WEB SITE IS INTENDED AS A LISTING AND REFERENCE RESOURCE, AND SHALL NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY NATURE NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR INDEPENDENT, LICENSED PROFESSIONAL ADVICE BY A QUALIFIED PROFESSIONAL.
1.3 SPECIAL DISCLAIMER II. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE REGARDING THE PROFESSIONAL QUALIFICATIONS AND BACKGROUND OF ANY PROFESSIONAL YOU LEARN ABOUT VIA THIS WEB SITE PRIOR TO HIRING ONE OR MORE PROFESSIONALS, BUYING THEIR PRODUCTS OR SERVICES, OR FOLLOWING THEIR ADVICE OR RECOMMENDATIONS.
1.4 Professionals who use this Web Site to promote their individual businesses agree to provide and publish only such information that is complete, accurate, up-to-date, and not misleading in any way. We reserve the right to remove any Professional listing at anytime with no prior notice for any reason that we find, in our sole discretion, to be inappropriate.
1.5 Claims of Copyright Infringement. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by Us, in Our sole discretion, of users who are infringers of copyright law. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. (a) Notification must be submitted to the following Designated Agent: (a) Service Provider: Paladin Internet Properties, Inc.; (b) Name of Agent designated to receive notification of claimed infringement: Jack Waymire; (c) Full address of designated agent to which notification should be sent: 395 S. Highway 65, #A-275, Lincoln, CA, 95648; (d) Telephone number of designated agent: (916) 253-3334; (e) Facsimile number of designated agent: (916) 404-5566; and (f) E-Mail address of designated agent: designatedagent@findfinancialadvisors.com
1.6 Notification. To be effective, the notification must be a written communication that includes the following: (a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; (d) Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1.7 Notification. We may give you notice that We have removed or disabled access to certain functions or information on our Web Site by means of a general notice on Our Web Site or by electronic mail to a user's e-mail address in Our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the above information. To be effective, the counter-notification must be a written communication that includes the following: (a) Your physical or electronic signature; (b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Paladin Directories and Registries, Inc, may be found, and that you will accept service of process from the person who provided notification of the allegedly infringing material or an agent of such person.
2. Security.
Paladin is concerned about your security. If you have been contacted by anyone who claims to be employed by Paladin, have a business relationship with Paladin or otherwise represent a Paladin company, we ask you to contact us to verify their identity before you do business with them. We strongly recommend that you make the effort to verify that anyone claiming to be associated with Paladin is, in fact, associated with us. Never issue a payment of any nature or amount, for any product or service, to any person or entity claiming to be associated with Paladin without contacting Paladin first. Do not release any financial information or personally identifiable information to any person or entity who claims to be associated with Paladin without contacting us in advance to verify the source of the request.
We can be reached at 916.253.3334. Our normal business hours are 8:00 AM to 4:00 PM, Monday through Thursday and 8:00 AM to 12:00PM, on Friday (Pacific Time Zone). Or, you can email us at info@findfinancialadvisors.com.
Paladin will report all incidences of fraud and other criminal behavior to the Internet Crime Complaint Center (a partnership of the FBI and the National White Collar Crime Center), the FBI, local law enforcement and any and all other appropriate law enforcement agencies. If you are contacted by someone who claims to be associated with Paladin, please obtain their name, e-mail address, physical address, web site address, and telephone number for purposes of providing documentation to the appropriate law enforcement agencies. We ask that you report all individuals and entities that claim they represent Paladin promptly for our review.
3. Use of the Web Site and FindFinancialAdvisors.com Service.
3.1 Compliance with TOS and applicable law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Our Web Site as well as any posted rules or guidelines that We publish on the Web Site or send to you via e-mail, and any such posted rules and guidelines and or e-mail notifications that are incorporated by reference as if fully set forth herein into these TOS upon publication or issuance of same.
3.2 Your License to Use the Web Site. Paladin solely and exclusively owns all intellectual property and other rights, title and interest in and to the FindFinancialAdvisor.com service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Paladin owns the copyrights in and to the Web Site, and certain technology used in providing the FindFinancialAdvisors.com service. You will not acquire any right, title or interest therein under these TOS or otherwise except as set forth herein and any and all licenses or rights to Our intellectual property shall be terminated forthwith by Our posting of the same on Our Web Site or via e-mail communication to you.
3.3 Intellectual Property. Consumers, Investors, Potential Investors, Professionals, Media, and Public understand and agree that this Paladin website contains unique intellectual property that belongs exclusively to Paladin and is provided for the exclusive limited use of Consumers, Investors, Potential Investors, and Professionals who use the services on this site. All Consumers, Investors, Potential Investors, Professionals, Media, 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 Consumer, Investor, Potential Investor, Professional, member of the Media, or Public.
3.4 Paladin grants you a limited, revocable, non-transferable license to access the Web Site and FindFinancialAdvisors.com services for their intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by FindFinancialAdvisors.com; to compete with FindFinancialAdvisors.com; to use Our content or any element of the content for a commercial use not expressly granted by FindFinancialAdvisors.com in writing; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach these TOS, Paladin may revoke the license granted to you and such revocation may be issued by sending an email to your last known email address or upon any publication of the same notice upon the Web Site, at Our sole discretion.
4. Privacy/Communication
4.1 Privacy Policy. By entering into these TOS, you agree to FindFinancialAdvisors.com's collection, use and disclosure of your personal information in accordance with the FindFinancialAdvisors.com.com Privacy Policy available for viewing at www.FindFinancialAdvisors.com/privacy. You agree to review the Privacy Policy each time you visit the Web Site and/or before you use any tool, service, or information that’s available on this Web Site.
4.2 Electronic Communications. When you visit the Web Site or send an e-mail to Us, you are communicating with Us electronically, and are thereby consenting to receive communications from Us electronically or by other means available regarding any normal business communication that FindFinancialAdvisors.com deems appropriate to send to you. We will communicate with you electronically, by telephone or by facsimile, at Our sole discretion. It is further understood that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communication be in writing and that any use of a FindFinancialAdvisors.com tool or service subsequent to your receipt of any such agreement, notice, disclosure or other communication is your express execution and acceptance of each and every term, condition, and other element contained within the same.
5. Disclaimers and Exclusions
5.1 DISCLAIMER OF WARRANTIES.
FINDFINANCIALADVISORS.COM PROVIDES THE WEB SITE, INFORMATION, AND SERVICES ON AN "AS IS", “WHERE IS,” AND "AS AVAILABLE" BASIS. FINDFINANCIALADVISORS.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE OR ITS USE: (a) WILL BE UNINTERRUPTED, TIMELY, SECURE; (b) WILL BE FREE OF INACCURACIES OR ERRORS; (c) WILL MEET YOUR REQUIREMENTS; (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE; (e) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION ON THIS SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (f) THE QUALITY OF ANY PROFESSIONALS, PRODUCTS, SERVICES, OR INFORMATION THAT YOU LEARNED ABOUT ON THIS WEBSITE WILL MEET YOUR EXPECTATIONS; (g) ANY ERRORS ON THIS WEBSITE OR ANY DEFECTS ON THE SITE, ITS SERVICES OR INFORMATION WILL BE CORRECTED; OR (h)THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
FINDFINANCIALADVISORS.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
5.2 EXCLUSION OF DAMAGES.
FINDFINANCIALADVISORS.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE FINDFINANCIALADVISORS.COM SERVICE AND/OR THE WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY SERVICE OR CONTENT INCLUDED IN, OR ACCESSIBLE THROUGH, THIS WEB SITE WITHOUT SEEKING THE APPROPRIATE PROFESSIONAL ADVICE ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT THAT TIME FROM PROPERLY LICENSED PROFESSIONALS IN YOUR STATE OR OTHER APPROPRIATE LICENSING JURISDICTION REGARDING THE SERVICES AS OFFERED BY ANY PROFESSIONAL LISTED ON THIS WEBSITE.
5.4 YOU UNDERSTAND AND ACKNOWLEDGE THAT (a) PALADIN DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, PROFESSIONALS, THIRD PARTY VENDORS, SPONSORS, ADVERTISERS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (b) PALADIN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; (c) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (d) PALADIN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING PROFESSIONALS.
5.5 THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PALADIN ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THIS WEB SITE OR IN CONNECTION WITH ANY SERVICES, MATERIALS, OR INFORMATION OFFERED THROUGH THIS WEB SITE. NO SOURCE OF INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALADIN OR THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Web Site Information
6.1 FindFinancialAdvisors.com makes no representation or warranty whatsoever, and expressly disclaims any and all representations and warranties of any kind concerning the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site. It is the affirmative responsibility of the user of this Web Site to determine the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site. Information presented on this Web Site is not intended to replace consultation with a qualified Professional. Any information provided on this Web Site should not be considered completely error free or to include all relevant information. In addition, the information contained on this Web Site should not be used as an exclusive basis for decision-making.
6.2 You are encouraged to consult other sources and confirm the information contained herein. Use of information on this website is strictly voluntary and at the user's sole risk. FindFinancialAdvisors.com is not responsible for user dissatisifaction in any way with a particular Professional, service provider, product, or service. FindFinancialAdvisors.com makes no representation or warranty as to the quality of Professionals listed on this website.
7. Limitation of Liability.
IN NO EVENT WILL THE LIABILITY OF FINDFINANCIALADVISORS.COM IN CONNECTION WITH THESE TOS OR THE SERVICES ON THIS WEB SITE EXCEED $50.00. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. Indemnification.
You agree to defend, indemnify and hold harmless FindFinancialAdvisors.com, its corporate owners, and its affiliates and directors, officers, employees and agents from and against all claims, losses, damages, litigation, harm, fees, and expenses, including attorneys' fees, regarding, any civil, regulatory or criminal matter arising out of your use of this Web Site and/or its information or services or the advice, services, and products from any Professional that you learned about via this website. All Consumers, Investors or Potential Investors agree to hold Paladin HARMLESS and indemnify Paladin (and all officers, owners, employees, partners, associates and agents) from any civil action or loss of any nature resulting from:(a) The results of any Professional who presents Consumers, Investors or Potential Investors with advice or recommendations that fall below the standard of care as reasonably expected by fellow members of his or her industry or profession. In short, Investors or Potential Investors agree to waive any possible claim against Paladin for any “bad advice” that Consumers, Investors, or Potential Investors receive from any Professional that Consumers, Investors or Potential Investors found via this Web Site. (b) Consumers, Investors or Potential Investors agree to hold Paladin harmless from any claim that Paladin failed to adequately investigate the background, credentials or any other information relevant to any advisor that Consumers, Investors or Potential Investors located via this Website. (c) Consumers, Investors or Potential Investors agree to waive any potential claim that Paladin expressly or via implication, made a claim that any or all Professionals listed on this Web Site produced superior results, or had superior credentials, or qualifications compared to Professionals who are not listed on this Web Site. Consumers, Investors or Potential Investors agree that Paladin is not claiming and has not claimed that any professional profiled on this Web Site “gives better advice” than any Professional not listed on this Web Site. (d) Consumers, Investors or Potential Investors agree that Paladin is not responsible for any background checks. Consumers, Investors or Potential Investors further agree to waive any such claims of this nature against Paladin. (e) While Paladin promotes fees as the appropriate way to compensate advisors, some Professionals who are listed on this Web Site accept commissions as their only or primary form of compensation. Some Professionals may not disclose to Paladin that they accept commissions. Consumers, Investors or Potential Investors agree to waive any and all claims arising from this issue against Paladin and Consumers, Investors or Potential Investors further agree and understand that it is Consumer’s, Investor's or Potential Investor's sole responsibility to negotiate appropriate types and amounts of compensation with Professionals. (f) Consumers, Investors or Potential Investors agree and understand that any Professional may provide Paladin with incomplete, inaccurate, misleading, or false information and Paladin does not independently investigate any such information or data. Consumers, Investors or Potential Investors agree to hold Paladin harmless from any claim arising from any such incomplete, inaccurate, misleading or fraudulent information or data and to defend Paladin from any such claim. (g) Consumers, Investors or Potential Investors agree and understand that any Professional may promise Consumers, Investors or Potential Investors that he/she will provide full disclosure for information, credentials, education, experience, work history, criminal background, conflicts of interest, litigation history or other relevant information and that he/she may fail to provide such information, or may provide incomplete, inaccurate, misleading, fraudulent or false responses in his/her disclosures and that Consumers, Investors or Potential Investors further agree to hold Paladin harmless and defend Paladin against any claim arising from such actions on the part of any Professional.
9. Termination
FindFinancialAdvisors.com may suspend or terminate your use of the Web Site and/or its services if it believes, in its sole and absolute discretion, you have breached a term of these TOS.
10. Notice.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) government mail, (b) overnight courier, or (c) electronic mail. If you give notice to PaladinFinancialDirectory.com, you must use the “Contact Us” function of the Web Site. If FindFinancialAdvisors.com provides notice to you, FindFinancialAdvisors.com will use the contact information provided by you to FindFinancialAdvisors.com. All notices will be deemed received as follows: (d) If by delivery by government mail, seven (7) business days after dispatch, (ii) If by overnight courier, on the date receipt is confirmed by such courier service, or (e) If by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
11. Jurisdiction/Arbitration
This Agreement, including all Disclaimers, 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 Agreement 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 the terms and conditions of these TOS. 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 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 bear its own costs and attorneys' fees. 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. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
12. General Terms of Use
12.1 Web Site users and visitors may not: (a) Violate the law of any jurisdiction while visiting Our Web Site or using any tool or service that We provide; (b) Harass or Cyberstalk any user; (c) Conduct any activity that is harmful or detrimental to Our business as solely determined by Us; (d) Post any information or content that is obscene, indecent, defamatory, hateful, or intolerant in nature or in violation of the laws of any jurisdiction; (e) Upload any material that is harmful to Our users or visitors’ computers or is objectionable to Our community as a whole; (f) Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent; (g) Falsely represent your financial data or contact information; or (h) Falsely represent your professional or business credentials or professional background.
You must be of adult age in your jurisdiction to use the services or information on this Web Site or to be listed in the Professional Directory on this Web Site. In any event, no user, visitor, or Professional may be under the age of 18 years of age. Parents or guardians of minors may use the services on this Web Site, but they must enroll as a guardian on behalf of their minor children/wards and are solely responsible for the direct supervision of their children/wards while their minors visit this Web Site or use any of the tools or services that the Web Site provides.
13. Automatic Viewing or Usage of this Web Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Web Site. You may not engage in denial of service attacks upon the servers that publish this Web Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Web Site.
14. Compliance Review
We strongly recommend that you check the compliance record of any Professional you find on this website before signing an agreement, buying a service or product, or otherwise following the advice or recommendations of the Professional.
15. Links to Third Party Sites
We may provide links to third party sites; however, We are not responsible for the content of such sites or their terms of service or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to accessing their content, using their services, or buying a product or service. You assume the risk of any usage of such third party sites and functionality.
16. Submissions
All submissions (but not personal information) become the property of this Web Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” types of email or letters that you might send Us. We may publish all submissions in any manner that We deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold Us harmless and defend Us and indemnify Us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions create a legal cause of action.
17. Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).
18. Rotational Match Process
Consumers and Investors are matched to Professionals by comparing the services they are seeking to the services offered by Professionals, the financial characteristics of Consumers and Investors compared to the minimum financial requirements of Professionals, and the proximity of Consumer or Investor to Professionals. All characteristics being equal the Paladin search engine uses a rotational system to match Consumers and Investors to Professionals who have gone the longest without being matched to a Consumer or Investor by Paladin.
19. Links to Our Web Site
We are not responsible for links to Our Web Site that are generated by third parties, including the context in which those links are established.
20. Professionals’ Advertising
Our Website’s Professional Advertisement Acceptance Process is based solely on professionals’ representation that they have the current required licensing to provide the services they are selling in the Consumer, Investor, or Potential Investor’s city and state. We rely on the representation of the Professionals and do not validate the accuracy of their representations. The Consumer, Investor, or Potential Investor and all members of the General Public, agree to hold Paladin harmless and to indemnify Paladin against any and all losses or civil claims of any nature regarding Consumer, Investor, or Potential Investors reliance on any claim, information or data provided by any Professional located via this Website. While the data, information and claims provided by any Professional and published on this web site are potential characteristics that may assist a Consumer, Investor, or Potential Investor to make a knowledgeable decision regarding the selection of such Professional, all such data and information must be independently investigated by Consumer, Investor, or Potential Investor.
21. Professional Disclaimer
IN GENERAL, EXPERTS ARE PROFESSIONALS WHO ARE LICENSED TO PROVIDE PARTICULAR SERVICES THAT ARE ASSOCIATED WITH THEIR INDUSTRIES. tHE REFERENCE TO PROFESSIONALS ON THIS WEBSITE does not represent or imply that PROFESSIONALS WHO ADVERTISE OR REFER TO THEMSELVES AS EXPERTS will produce better results OR PROVIDE HIGHER QUALITY SERVICES THAN PROFESSIONALS WHO DO NOT CALL THEMSELVES EXPERTS. nOR CAN CONSUMERS, INVESTORS, OR POTENTIAL INVESTORS ASSUME EXPERTS are reputable, honest or beyond fraudulent or misleading activiTIes. PROFESSIONALS WHO CALL THEMSELVES EXPERTS will HAVE a range of QUALIFICATIONS as DESCRIBED IN THEIR PROFILES, MARKETING MATERIALS and claimed by the PROFESSIONALS themselves.
22. Endorsements, Recommendations, and Testimonials
Information or inclusion on this Website does not in anyway represent an endorsement, recommendation, or testimonial for any particular Professional, product, sponsor, third party website, advertiser, team, or company. All data that appear on this website are for informational purposes only.
23. Independent Services
No Professional or firm of Professionals that is listed in the Directory on this Website is affiliated with, employed by, or licensed by Paladin. Paladin never participates in revenues that Consumers, Investors, or Potential Investors pay to Professionals for their advice, recommendations, services, or products. No Professional, firm, or team that is listed in this Website’s Directory has an equity interest in Paladin.
24. Search Consultants
We provide a search consultant for no charge to Consumers, Investors, or Potential Investors who use Our Assisted Search™ service to help them find Professionals in their communities. Consultants use information provided by Consumers, Investors, or Potential Investors to match them to Professionals who are listed in this Website’s Directory and who meet the requirements of Consumers, Investors, or Potential Investors. Our website consultants do not recommend or endorse particular Professionals, firms or teams and no information that is provided by consultants is intended to be advice that impacts Consumers, Investors, or Potential Investors decision-making. Consumers, Investors, or Potential Investors are solely responsible for selecting Professionals and conducting all necessary independent investigations of any Professionals’ claims that impact Consumer/Investor selection decisions.
25. Recommendations for Existing Professionals
This Website does not recommend the retention, termination, or selection of particular Professionals. The decision to select, retain, terminate, or replace current Professionals is the sole responsibility of Consumers, Investors, or Potential Investors.
26. Professional Profiles
Some of the Professionals who advertise their services on this Web Site provide an online profile that documents information about their backgrounds, business practices, and services. The profile does not include all of the questions that Consumers, Investors, or Potential Investors should ask Professionals. Professionals may or may not provide truthful answers in the profile. Consumers, Investors, or Potential Investors are encouraged to check all of the information that is provided by Professionals to validate its accuracy.
27. Paladin Compensation
All Professionals who are listed in this Website’s Directory pay a fixed quarterly or annual advertising fee. Some Professionals pay optional fees for matches to Consumers, Investors, or Potential Investors who use Our Assisted Search™ service or were referred to this Website by third parties that generate referrals for Professionals who are listed in this website’s Directory. Paladin may or may not participate in the optional referral fees that are charged by third parties, inclding other Paladin websites, to offset its administration and match processing expenses. We may also receive compensation when We send referrals (Investors or Professionals) to third party websites that match Consumers, Investors, or Potential Investors to service providers in their directories or market services or products to Professionals.
28. Self Search™ Geographical Match Process
Consumers, Investors, and Potential Investors who use Self Search™ to find Professionals in our Directory view Professional listings based on their proximity to Consumers, Investors, and Potential Investors. The order of the Professionals’ listings does not reflect the quality of the Professionals and the order of listed Professionals may be changed by a computer program for subsequent visits to this website.
29. Assisted Search™ Rotational Match Process
Consumers, Investors, or Potential Investors who use Assisted Search™ to find Professionals are matched to Professionals by comparing the services Consumers, Investors, or Potential Investors are seeking to the services offered by Professionals, the financial and other characteristics of Consumers, Investors, or Potential Investors compared to the minimum requirements of Professionals, and the proximity of Consumers, Investors, and Potential Investors to Professionals. All characteristics being equal Our search engine uses a rotational system to match Consumers, Investors, or Potential Investors to Professionals who have gone the longest without being matched to a Consumer, Investor, or Potential Investor.
30. Third Party Referrals
Based on the requirements of Consumers, Investors, or Potential Investors, the characteristics of Consumers, Investors, or Potential Investors, and Consumers, Investors, or Potential Investors’ locations We may refer Consumers, Investors, or Potential Investors to a third party website, including Paladin's Registry service, when We have no Professionals or an inadequate number of Professionals who meet Consumers, Investors, or Potential Investors’ criteria or are close to Consumers, Investors, or Potential Investors’ locations. We send an email to Consumers, Investors, or Potential Investors notifying them when a referral is made to a third party and the name of the third party. Third parties may have higher or lower acceptance standards than Paladin for professionals who advertise in their directories or registries.
31. Privacy Policy and Third Party Websites
We will protect the privacy of all Consumers, Investors, or Potential Investors and Professionals’ data. We reserve the right to send Consumers, Investors, or Potential Investors’ data to third party websites if We cannot provide the services that Consumer/Investor or Professional is seeking and We believe one or more third party websites can provide the services. We cannot guarantee that the third party websites will provide the services that Consumers, Investors, or Potential Investors or Professionals are seeking, We are also not responsible or liable for any actions that are taken by third party websites that receive Consumers, Investors, or Potential Investors’ data from Paladin and the results of third party websites that are experienced by Consumers, Investors, or Potential Investors or Professionals. See the Privacy Policy on the bottom navigation bar of Our website home page for additional information about Our data collection and dissemination policies.
32. Paladin Registry
Some Professionals who advertise their services on PaladinFinancialDirectory are also profiled in the Paladin Registry. Paladin reserves the right to match Consumers, Investors, or Potential Investors to Professionals who are profiled in the Registry when We believe those Professionals are in Consumers, Investors, or Potential Investors' best interests or there is no Professional who advertises in FindFinancialAdvisors.com who is located within a reasonable proximity to Consumer, Investor, or Potential Investor. When Consumers, Investors, or Potential Investors are referred to a Professional who is profiled in PaladinRegistry.com, Consumers, Investors, or Potential Investors agree to be governed by the Terms of Use or Terms of Service that is published on the PaladinRegistry.com website.
33. Brand Name Custodians
When Consumers, Investors, and Potential Investors use the services of financial Professionals we strongly recommend that Consumers, Investors, and Potential Investors' assets are custodialized with a brand name firm that may be part of the Professionals' companies or are independent third parties. Custodians with national reputations and substantial assets are safeguards that protect investors from certain types of investment schemes and scams, but not all forms of schemes and scams.
34. Usage Data
We monitor the activity on this Website and use general information, not personal information, to prepare reports that are used by Us and may be disseminated to Professionals, third parties, and the media.
35. Cookies
A cookie is a data file delivered by a small, automatic program that Paladin transfers to Consumers, Investors, or Potential Investors or Professionals’ hard drives when they visit this Website. Paladin uses cookies to measure activity on this Website, improve the content of the Website, notify Consumers, Investors, or Potential Investors and Professionals 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 this Website as displayed on your browser and will diminish your efficient use of the services on this Website.
36. Miscellaneous
These TOS will not be assignable or transferable by you without the prior written consent of Paladin. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
37. Listings
37.1 Copyrighted Material. If FindFinancialAdvisors.com lists your business, you agree to not: (i) Submit material that is copyrighted or otherwise subject to third party proprietary rights including, without limitation, privacy rights, unless you are the owner of such rights or possess permission from the respective owner to post the material and to grant Us a license right to post the material (ii) submit material that is unlawful, harassing, or hateful, or is otherwise inappropriate and/or (iii) publish lies or misrepresentations.
37.2 Right of Refusal. FindFinancialAdvisors.com reserves the right to refuse any listing for any reason. Listings may be delayed or canceled if FindFinancialAdvisors.com is not given complete and accurate information and/or is unable to contact the person who has placed the listing and/or is the primary cardholder for the advertisement.
38. General
The Terms of Service, Privacy Policy, Advertiser Agreement, and other rules, guidelines, license agreements for downloadable software and disclaimers posted on this website constitute the entire agreement between Paladin and Consumers, Investors, or Potential Investors, Professionals, and Public with respect to their use of this website. Paladin 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, Advertiser 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 Service shall continue in full force and effect. Any failure by Paladin to enforce or exercise any provision of the Terms of Service, Privacy Policy, Advertiser Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service, Privacy Policy, and Advertiser Agreement are purely for convenience and carry with them no legal or contractual effect. |
