1. CONNECT2A.COM, LLC ("Connect2A")
provides you ("User") access to the Connect2A service,
that among other things provides an electronic personal information
form, consolidates, organizes and presents to Members and their
clients certain information from the client's accounts with banks,
brokerages, and other sources of financial information on secure web
pages or other media, and provides a set of viewable and printable
estate, tax, and financial reports (the "Service") only
upon the following Terms and Conditions. Any access or use of the
Service by User constitutes User's unconditional acknowledgement and
acceptance of and agreement to all of these Terms and Conditions
including Connect2A’s Privacy Policy and Security Statement and
for Member’s (The term "Member" used herein is defined
in the Membership Services which is incorporated herein by
reference) only, payment of the Membership fees as provided for in
the Membership Services. Connect2A may amend or otherwise change
these Terms and Conditions from time to time, and User's continued
access or use of the Service any time after any such amendment or
other change constitutes User's acceptance of and agreement to the
Terms and Conditions as so amended or changed. The updated, online
version of these Terms and Conditions shall supersede any prior
paper or other media-based copies of these Terms and Conditions.
Incorporated herein by reference is the Connect2A Privacy Policy and
Security Statement, and Membership Services.
2. In order to provide User with the Service,
User's Personal Information will be collected as User registers for
the Service. Members register by completing Connect2A registration
form. A Member’s client registers by completing the Client
Personal Information Form. No fees are charged to a Member’s
client by Connect2A. All fees are billed to and payable by Members
in accordance with the Membership Services. Personal Information is
defined as User's name, address, phone number, social security
number, e-mail address, zip code, other financial data, and other
information as may be provided from time to time. In addition, for
each of a client's registered Information Provider accounts on the
Service (an "Information Provider" is a bank, brokerage,
or other source of financial information), User's online Account
Login Information or Account Number may be collected. Account Login
Information is defined as User's User Name, Password, Personal
Information Numbers (PINs), and/or Account Number that are specific
to User's accounts. User agrees that User's providing of such
Account Login Information is User's signature and authorization for
Connect2A (acting by itself or through its account aggregation
service providers) to serve as User's agent in allowing User and
Connect2A.Com to access Information Providers on the Service. User
is responsible for and must provide all telephone and other
equipment, software (other than any software, if any, provided by
Connect2A) and services necessary to access the Service. Connect2A
may discontinue or revise any or all aspects of the Service in its
sole discretion and without prior notice.
3. User agrees that User will be the only user of
User's Connect2A.Com’s login Information and that User will not
transfer or disclose any of this information to any other person,
and that User will be responsible for all usage of the Service and
any fees associated with use of the Service, if any. User
acknowledges that User is aware that certain content, services or
locations of the Service or of other parties that may be accessible
through the Service may contain material that is unsuitable for
minors or is not for use by minors
(persons under 18 years of age).
4. Connect2A provides the Service exclusively for
personal and noncommercial access and use by User. User warrants
that User will not access or use the Service in any unlawful manner,
for any unlawful purpose or in violation of these Terms and
Conditions or applicable laws, rules and regulations. Other than as
expressly allowed by these Terms and Conditions User will not engage
in the uploading, posting, recompiling, reverse engineering,
disassembling, modification, copying, distribution, transmission,
reproduction, republication, licensing, display, sale, transfer or
creation of derivative products or other works of or from any
product, service, information, content, software, message,
advertisement or any other work found at, aggregated at, contained
on, distributed through, linked to or from, downloaded to or from or
in any other manner accessed from the Service
("Materials"), except for the viewable and printable
reports provided with the Service and except for the use of certain
personal and financial information in desktop software solutions.
With regard to any Materials in which Connect2A or any subsidiary or
other affiliate of Connect2A claims a proprietary interest, User may
download one copy of such Materials on any single computer for
User's personal, noncommercial use, provided User keeps intact all
copyright and other proprietary notices.
5. The Connect2A or C2A or Private Advisor Client
Network or PACN company names and logos and all related product and
service names, design marks and slogans are the property of
Connect2A or its affiliates. User is not authorized to use any
Connect2A.com name or mark in any advertising, publicity or any
other commercial manner without the prior written consent of
Connect2A or as expressly set forth in Membership Services. Except
as authorized in this paragraph, User is not being granted a license
under any copyright, trademark, patent or other intellectual
property right in the Service or in any Material. Connect2A, its
affiliates and/or any third party owner of such rights retain all
such rights. Any feedback, questions, comments, suggestions, ideas
or the like which User sends to Connect2A will be treated as being
nonconfidential and nonproprietary. Connect2A will also be free to
use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products and services
incorporating such information.
6. Connect2A acts solely as an operator of the Service for the
convenience of the User, and use of the Service and any User
reliance upon any Materials, including any action taken by User
because of such use or reliance, is at User's sole risk. Neither
Connect2A nor any of its underlying service providers, Information
Providers, licensors, employees, distributors or agents is
responsible or liable for, or makes any representations or
warranties as to:
5222. Any representations, promises, recommendations or
inducements that may be made by or through any party (including
Members) found at, on, through or from the Service;
5223. The timeliness, accuracy, reliability, completeness,
legality, copyright compliance or decency of the Service or any
Materials;
5224. Any inaccuracy, omission, error or delay in the Service
or any Materials;
5225. Nonperformance of or interruption in the Service or any
Materials due to: (a) any act or omission by any disseminating
party, (b) any force majeure (i.e., flood; riot; labor dispute;
accident; action of government; communications, transmissions or
power failure; equipment, systems or software malfunctions) or any
other cause beyond the control of any disseminating party or (c)
outages, transmission quality or malfunctions of telephone
circuits or computer systems including but not limited to any
defects or failures with respect to User's software, computer
systems or Internet access provider;
5226. The quality of the Service or any Materials (including
the results to be obtained from use of them); or
5227. Any loss resulting from, arising out of or related to
User's access and/or use of or interaction with the Service or the
Materials.
Connect2A also may, from time to time, as deemed necessary in
Connect2A's sole discretion, send you unsolicited emails and other
communications, with or without your approval or consent, to tell
you about Connect2A's services, features, functionality and content,
so that you may better utilize Connect2A.
7. THE SERVICE
AND THE MATERIALS ARE PROVIDED TO USER ON AN "AS IS",
"AS AVAILABLE" BASIS, AND NEITHER CONNECT2A NOR ANY OF ITS
UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS,
EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE
SUITABILITY OF THE SERVICE OR THE MATERIALS FOR ANY PURPOSE.
CONNECT2A AND ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY AND
ACCURACY WITH RESPECT TO THE SERVICE AND THE MATERIALS. IN NO EVENT
SHALL CONNECT2A OR ANY OF ITS UNDERLYING SERVICE PROVIDERS,
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS
BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER WITH RESPECT TO THE SERVICE OR THE MATERIALS REGARDLESS
OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES PROHIBIT THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR
INCIDENTAL DAMAGES MAY NOT APPLY TO USER. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF CONNECT2A AND ANY OF ITS AFFILIATES AND ANY
OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE
GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. USER AGREES THAT
USER WILL NOT IN ANY WAY HOLD CONNECT2A RESPONSIBLE FOR ANY
SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF THIRD PARTIES
(INCLUDING THOSE WITH WHOM CONNECT2A MAY CONTRACT TO OPERATE VARIOUS
AREAS ON THE SERVICE) IN CONNECTION WITH THE SERVICE OR THE
MATERIALS.
8. User's sole and exclusive remedy for any
failure or nonperformance of the Service or any Materials (including
any associated software) shall be for Connect2A to use commercially
reasonable efforts to effectuate an adjustment or repair of the
Service or Materials. In the event that a court should hold that the
limitations of liabilities or remedies available as set forth in
these Terms and Conditions, or any portions thereof, are
unenforceable for any reason, or that any of User's remedies under
these Terms and Conditions fail of their essential purpose, User
expressly agrees that under no circumstances shall the total,
aggregate liability of Connect2A and its underlying service
providers, Information Providers, licensors, employees, distributors
or agents to User or any party claiming by or through User for any
cause whatsoever exceed $100 (U.S.), regardless of the form of
action and whether in contract, statute, tort or otherwise.
9. User may have access through the Service or
Materials to vendors and other third parties offering products or
services that may be deemed investment contracts or other securities
under state or federal laws. User is solely responsible for User's
investment decisions. Connect2A provides User only the opportunity
to access or use the Service or Materials for the reference and
convenience of User. Connect2A is not an agent of any third party
with respect to the Service or any Materials, and Connect2A is not a
broker-dealer or mutual fund company or otherwise engaged in the
sale of any securities with respect to the Service or the Materials.
User holds harmless Connect2A for any liability, and Connect2A shall
have no liability with respect to, any loss, penalty, fine or other
damages either incurred or caused by User with respect to the
trading, sale, exchange or any other disposition of any securities
with any third parties, however accessed.
10. User may have access to User's accounts,
portfolios and other property through the Service and provided by
User's financial institutions. All product and service marks
contained on or associated with the Service that are not Connect2A
marks are the trademarks of their respective owners. References to
any names, marks, products or services of third parties or hypertext
links to third party sites or information do not constitute or imply
Connect2A's endorsement, sponsorship or recommendation of the third
party, information, product or service. Connect2A provides no advice
or other guidance with respect to any aspect of any transaction made
by or through User. User conducts all investment and other
transactions with respect to User's accounts, portfolios and other
property at User's sole risk.
11. Access through or from the Service to any
online banking, payment, investment, trading or other services
involving any accounts, portfolios and other property of User is
provided only by User's financial institutions and not by Connect2A.
User holds harmless Connect2A for any liability, and Connect2A shall
have no liability with respect to, any loss, penalty, fine or other
damages either incurred or caused by User's access to, use of or
dealings with any of User's financial institutions.
12. Account value information is update once
daily and is delayed on a 24-hour basis. User is solely responsible
for User's investment research and Connect2A makes no
representations, warranties or other guarantees as to the accuracy
or timeliness of any price quotes, nor does Connect2A make any
representations, warranties or other guarantees as to the present or
future value or suitability of any sale, trade or other transaction
involving any particular security or any other investment. Prior to
the execution of any transaction, User should consult their broker
or other financial advisor with respect to the price, suitability,
value or other aspects of any stock, mutual fund, security or other
investment.
13. The Service and the Materials may contain
typographical errors or inaccuracies. Connect2A reserves the right,
in its sole discretion, without any obligation and without any
notice requirement, to: (1) improve and correct the Service and the
Materials and (2) suspend and/or deny access to the Service and any
of the Materials for scheduled or unscheduled maintenance, upgrades,
improvements or corrections.
14. User may have access to private message
system, chat rooms, online conferences, telecasts or other forums
(the "Forums") maintained at or through the Service. By
accessing, using or otherwise communicating in any manner with any
third parties through the Forums, User warrants that User will not
access or otherwise use the Forums in any unlawful manner, for any
unlawful purpose or in violation of these Terms and Conditions.
Without limitation, User shall not do any of the following:
5237. Post, transmit, publish, disseminate, distribute or
otherwise communicate ("Communicate") any (a)
defamatory, infringing, obscene, indecent, profane, fraudulent,
threatening, abusive or otherwise objectionable content or
information or (b) any other content or information which may
violate the legal rights of any person or otherwise constitute a
criminal offense, give rise to civil liability or otherwise
violate any local, state, federal or foreign law, including,
without limitation, the U.S. export control laws;
5238. Advertise, solicit or offer to sell, lease, license or
otherwise transfer any goods, products or services (except as
otherwise expressly authorized by Connect2A) except for Members
providing legal, financial, or tax services to Clients including
without limitation the unauthorized appropriation of any person's
name or likeness for any commercial purposes;
5239. Communicate chain letters, pyramid schemes or other
similar arrangements, contests, surveys, investment opportunities
or other unsolicited commercial information or communications
(except as otherwise expressly authorized by Connect2A);
5240. Engage in spamming, flooding or other mass distribution
of any files, programs, communications or any other information;
5241. Upload or otherwise Communicate any software, programs or
other content or information which contains any corrupted files
and/or any virus, worm, Trojan horse or any other similar material
which may damage, disrupt, interrupt or otherwise harm the
Service, the Materials or any other computer or system having
access to the Service or Materials;
5242. Upload or otherwise
Communicate any software, programs or other content or information
protected by any intellectual property laws (unless User owns or
controls the rights thereto and obtains all necessary consents); or
Otherwise exploit the Service or any Materials for pecuniary benefit
or any other commercial purposes except as expressly authorized by
the provider, owner or controller of such Materials.
15. User shall indemnify and hold harmless
Connect2A and any of its underlying service providers, Information
Providers, licensors, employees, distributors or agents from and
against any and all claims, demands, actions, causes of action,
suits, proceedings, losses, damages, costs, and expenses, including
reasonable attorneys fees, arising from or relating to User's access
and/or use of or interaction with the Service or any Materials
(including without limitation the Forums), or any act, error, or
omission of User or any user of User's account in connection
therewith, including, but not limited to, matters relating to
incorrect, incomplete, or misleading information; libel; invasion of
privacy; infringement of a copyright, trade name, trademark, service
mark, or other intellectual property; any defective product or any
injury or damage to person or property caused by any products sold
or otherwise distributed through or in connection with the Service;
or violation of any applicable law.
16. Connect2A may terminate User's use of the
Service at any time, with or without notice. User has the right to
discontinue use of the Service at any time .
17. These Terms and Conditions and User's access
to and use of the Service and Materials are governed by, subject to
and construed according to the laws of the State of Indiana without
regard to its conflicts of laws provisions. Any litigation
concerning these Terms and Conditions or User's access to and use of
the Service and Materials are exclusively subject to the
jurisdiction of the state and federal courts of Indiana.
18. Neither these Terms and Conditions nor User's
access to, use of or interaction with the Service or any Materials
shall be deemed to create a joint venture, partnership or similar
relationship between User and Connect2A. Neither Connect2A nor User
has the authority to bind the other party, and neither party shall
hold itself out as having any authority to do so. Connect2A is not
an agent of any third party providing Materials.
19. Connect2A's duties and obligations pursuant
to these Terms and Conditions and in respect of the Service and
Materials are subject to Connect2A's existing and any hereafter
arising duties to comply with any law enforcement or other valid
government requests with respect to User's access to or use of the
Service or Materials or information gathered by Connect2A with
respect to User's access to or use of the Service or Materials.
20. Software found at, contained on, distributed
through, linked to or from, downloaded to or from or accessed from
the Service is subject to United States export controls and may not
be downloaded by any person or entity prohibited from doing so by
any U.S. law, rule, regulation or order, or otherwise exported or
reexported into any country to which the U.S. has embargoed goods.
21. If any provision of these Terms and
Conditions shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of
any remaining provisions.
22. These Terms and Conditions, as they may be
modified in accordance herewith, constitute the entire agreement
between Connect2A and User with respect to the Service and
Materials, and, as such, they supersede any and all prior or
contemporaneous negotiations, discussions, conversations,
correspondence, memorandums and agreements between Connect2A and
User. A printed version of these Terms and Conditions shall be
admissible in judicial or administrative proceedings to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
23. This Service is for the use of individuals
located in the United States (the "Territory").
24. Connect2A does not provide
any financial, legal, tax, or accounting advice or advice regarding
the suitability or the profitability of a security or investment.
25. Copyright © 2001
Connect2A.com LLC. All Rights Reserved. Republication or
redistribution of any content contained in this site, including by
framing, feed grabbing, or by similar means, is expressly prohibited
without the prior written consent of Connect2A.com LLC. Data is
provided for information purposes only. Connect2A.com shall not be
liable for any errors or delays in content, or for any actions taken
in reliance thereon. Certain information presented in this site is
licensed from third party data providers. Connect2A.com is not
responsible for errors or inaccuracies in this content.
The Terms and Conditions last
updated on April 4, 2001
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