Legal Terms & Conditions
Any and all intellectual property rights ("Intellectual Property") associated with the Site and its contents (the "Content") are the sole property of AFP, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied in whole or in part. All logos, graphics, and other items that appear on the Site are trademarks, service marks or trade dress ("Marks") of AFP, its affiliates or other entities that have granted AFP the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of AFP.
Subject to the terms and conditions herein, and your compliance with them, AFP grants to you a limited and revocable non-exclusive, non-transferable license to access and display this Website, all software, text, graphics, logos, images, design elements, Content, and all other information and materials contained in this Website (collectively, “AFP Materials”). Except as otherwise expressly authorized by these Terms or as expressly permitted by AFP in writing, you may not copy, reproduce, download, disseminate, publish, frame, mirror, transfer, modify, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property, Content, AFP Materials, and Marks of the Site in any way, in any form or by any means, without AFP's or the appropriate third party's prior written permission. Except as expressly provided herein, AFP does not grant to you any express or implied rights to AFP's or any third party's Intellectual Property, AFP Materials, Content, and/or Marks. You may not use any meta tags or other hidden text using AFP’s name or any AFP Material without AFP’s prior written consent.
Use of Website
In using the Website you agree not to:
a. disrupt or interfere with the security of, or otherwise abuse, the Website or any AFP Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any AFP Material, or affiliated or linked websites;
b. access, tamper with, or use non-public areas of the Website, and you acknowledge that unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
c. frame the Website within another website or webpage; or
d. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or right of AFP or any of its affiliates, or any licensors of any of the foregoing.
Portions of the Website are available only to certain members of AFP. Unless you are a current member whose membership level entitles you to access, you are not authorized to view the AFP Member areas. Unauthorized entry is prohibited and subject to prosecution under the laws of the United States and its states and possessions. Each member is assigned a user name and password for that member’s sole use in accessing the AFP Member portion of the Website. If you are an AFP member with access to the restricted portions of the Website, you agree not to allow others to access the AFP Member portion using your user name and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities which occur under your username and password. You agree to pay all fees and charges incurred in connection with your username and password in effect at the time such fees and charges are incurred. You agree to immediately notify AFP of any unauthorized use of your username and password or of any other breach of security.
Liability, Including Linked Sites
AFP is providing materials and Content on this Site for informational purposes only. While it is AFP's intent to provide accurate information AFP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AFP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL AFP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF AFP FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEBSITE, OR AFP MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Without limitation and notwithstanding anything to the contrary, AFP, to the extent permissible by law, shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data, or otherwise arising out of or in connection with:
a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and the Website, or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and the Website;
b. your inability to access, at any time, any part of the Website or any AFP Materials or Content provided on it;
c. interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
d. lack of suitability, reliability, timeliness or availability of the Website, AFP Material, Content or products or services offered on the Website; or
e. AFP’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing the Website.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In providing the materials on this Site, AFP is not rendering legal, accounting, financial, or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.
Throughout this Site, hyperlinks to non-AFP Web sites are provided for all Users' convenience. Such external Web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of the Association. AFP does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such Web sites. As such, AFP assumes no liability for the currency, accuracy, or availability of any information on these Web sites. Use of any information obtained from such Web sites is voluntary, and reliance on such information should only be undertaken after an independent review by qualified experts. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by the Association.
Cookies and Web Beacons
AFP Collaborate (“Site”) is a community platform owned and sponsored by the Association for Financial Professionals, Inc. (“AFP”) for use by AFP members to express their ideas, share ideas and information and shall be used exclusively as a community collaboration and networking tool. AFP Collaborate Community Rules and Etiquette and Privacy Guidelines can be found here.
This Agreement is governed by the laws of the State of Maryland. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, U.S.A. in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AFP as a result of this agreement or use of this Site. AFP's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AFP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by AFP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AFP with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AFP with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright and Trademark Notices
All contents of the AFP Site are: Copyright ©2020 Association for Financial Professionals, Inc., 4520 East West Highway, Suite 800, Bethesda, MD 20814. All rights reserved.
Association for Financial Professionals and the AFP logo are either trademarks or registered trademarks of Association for Financial Professionals.
All rights not expressly granted herein are reserved.
Modification of these Terms