Terms and Conditions

Terms & Conditions

Acceptable Use Policy

  1. Introduction

This Acceptable Use Policy outlines the appropriate usage of AdvisorTrace’s RIA Database Service (“the Product”) by AdvisorTrace Users ("Users").

By purchasing the Product, Users agree to comply with all terms of this Acceptable Use Policy.

AdvisorTrace may amend, modify or substitute this Acceptable Use Policy at any time and any such modification, amendment or substitution shall be distributed to AdvisorTrace Users via email. Any updates will become automatically effective for all Users upon receipt of the updated Acceptable Use Policy.

  1. Responsibility of the User

Users agree to use AdvisorTrace's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers.

In any use of the data purchased from the Product, Users agree to comply with the Federal CAN-SPAM Act of 2003, Canada's Anti-Spam Legislation, the European Union Directive on Privacy and Electronic Communications (2002/58/EC), and all other applicable laws, regulations, and rules, including without limitation those regarding privacy and email marketing. Users agree to not use the Product to send spam of any sort.

Users are solely responsible for the appropriate use of the data provided. AdvisorTrace shall not be held liable for any claim arising out of inappropriate or unauthorized use of the data, including electronic communications or 'spamming'.

User shall access and review the data only for their individual, internal company use. It is not acceptable to develop or derive for commercial sale any data in any format that incorporates or uses any of the data purchased through AdvisorTrace, except with the prior written consent of AdvisorTrace.

III. AdvisorTrace

AdvisorTrace has performed rigorous checks to ensure that the data within the Product has been obtained fairly and lawfully.

Please note, that given the nature of the information provided, there may be occasion on which individuals have moved organizations and the data supplied is out of date. AdvisorTrace has made every effort to ensure that the data provided is of the highest quality and accuracy, however does not take responsibility for occasions where this data has changed/been updated.

  1. Product

PRODUCT: (a) This Agreement between AdvisorTrace and User concerns one or more electronic databases developed and maintained by AdvisorTrace consisting of registered investment advisor information, including but not limited to, the information, text, and data contained therein.

USE: (a) Subject to the prohibitions set forth below, during the term of this Agreement, Users may use the Product for the following purposes in the ordinary course of its business. (b) Users shall not distribute, disclose, copy, reproduce, display, publish, transmit, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Product, or modify or create derivative works of the Product. (c) Notwithstanding any other provision herein, Users shall not: (1) upload, post or otherwise transmit any portion of the Product on, or provide access to any portion of the Product through, the internet, any bulletin board system, any electronic network, any listing service or any other data sharing arrangement not restricted exclusively to AdvisorTrace Users that have also purchased the Product.

OWNERSHIP: User acknowledges that AdvisorTrace has and shall retain exclusive ownership of all proprietary rights to the Product, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Users shall have no right or interest in any portion of the Product except the right to use the Product as set forth herein. Users agrees to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Product, (b) not challenge AdvisorTrace and its Users's ownership of (or the validity or enforceability of their rights in and to) the Product. Users shall be liable for any violation of the provisions of this Agreement by any User and any of a User’s employees, affiliates and agents and for any unauthorized use of the Product by such persons. Without AdvisorTrace’s consent, Users may not use or reproduce any trademark, service mark or trade name of AdvisorTrace.

Limitation on Liability: (a) User acknowledges that, to the maximum extent permitted by law, AdvisorTrace and its affiliates and their respective officers, directors, employees and third party suppliers (collectively, the "AdvisorTrace Parties") will not be held liable for any loss, cost or damage suffered or incurred by User or any third party arising out of or related to any faults, interruptions or delays in the product, out of any inaccuracies, errors or omissions in the information contained in the product, regardless of how such faults, interruptions, delays, inaccuracies, errors or omissions arise, or for any unauthorized use of the Product. (b) the AdvisorTrace parties' aggregate, cumulative liability relating to this agreement and use of the Product shall be limited to User’s actual, recoverable direct damages, if any, which in no event shall exceed the total amount of fees actually paid to AdvisorTrace under this agreement during the twelve month period immediately preceding the date such claim arose. Recovery of this amount shall be the User’s sole and exclusive remedy. (c) Under no circumstances will any of the AdvisorTrace Parties by Liable for any indirect, incidental, punitive, exemplary, special, or consequential damages, including without limitation lost profits, arising out of, based on, resulting form or in connection with this agreement or any of the use of the Product, even if AdvisorTrace has been advised of the possibility of such damages. The exclusion of damages in this section is independent of User’s exclusive remedy and survives in the event such remedy fails.

No Warranties: although AdvisorTrace makes efforts to provide an accurate Product, the Product and all parts thereof are provide “as is”, “with all faults” and “as available”. The AdvisorTrace Parties make no warranties. The AdvisorTrace Parties disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory.

All Sales Are Final: AdvisorTrace does not offer returns or refunds of any kind on any purchased Products.

  1. Privacy

By accessing one AdvisorTrace’s website, you consent to AdvisorTrace’s Privacy Policy.