PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS, VIEW, OR USE THIS SITE, OR ANY PAGES THEREOF.
You are currently viewing a page of the https://virtualadvisors.com web site or a related web site (the “Site”) a wholey owned subsidiary belonging to Virtual Advisors, LLC (“Virtual Advisors”). This site has been designed for informational purposes only. The services and information provided through this site are for investment professional use only and not intended for personal individual use. Virtual Advisors and Virtual Advisors LLC and its affiliates do not intend to provide investment advice through this site and do not provide legal advice.
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between Virtual Advisors, and any person or entity (“User”) who completes the registration process to open and maintain an account with Virtual Advisors’s interactive online and communication service (“Service,” or “Website”). Virtual Advisors and User are collectively referred to as the “parties.”
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, Virtual Advisors WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
1. Copyright And Trademark
2. Service Terms and Limitations
a. Description. The Service is proprietary to Virtual Advisors and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Service is licensed and not sold. Subject to the timely payment of all Fees and the terms and limitations set forth in this Agreement, Virtual Advisors agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service.
b. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Virtual Advisors may undertake from time to time; or (iii) causes beyond the control of Virtual Advisors or which are not reasonably foreseeable by Company.
c. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for User’s use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
a. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Service with User’s password.
b. Privacy. When reasonably practicable, Virtual Advisors will attempt to respect User’s privacy. Virtual Advisors will not monitor, edit, sell, or disclose any personal information about User or User’s account, including its contents or User’s use of the Service, without User’s prior consent unless Virtual Advisors has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Virtual Advisors; (iii) enforce this Agreement; (iv) protect the interests of users of the Service other than User or any other person; or (v) operate or conduct maintenance and repair of Virtual Advisors’s services or equipment, including the Service as authorized by law. User has no expectation of privacy with respect to the Internet generally. User’s IP address is transmitted and recorded with each message User sends from the Service. Virtual Advisors does provide certain information in aggregate form collected from and relating to User to third persons such as advertisers and sponsors.
a. Payment. User shall pay Virtual Advisors for the Services it provides according to the fee schedule found at http://virtualadvisors.com/board/get-listed/, or at another location on the Website. Virtual Advisors expressly reserves the right to change the fees listed on the pricing web page at any time, with our without notice to User.
b. Collection and Taxes. All Fees, Taxes and other charges shall be billed to User’s credit card at the current international currency conversion rate. User shall be responsible for and shall pay Virtual Advisors all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity. User shall promptly pay Virtual Advisors in the event of any refusal of User’s credit card issuer to pay any amount to Virtual Advisors for any reason. User agrees to pay interest at the rate of 1.5% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs. In the event User fails to pay any amount in advance, Virtual Advisors may immediately suspend or terminate this Agreement and User’s access to the Service.
5. User Representations
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Virtual Advisors is truthful, accurate and complete; (c) User is the authorized signatory of the credit or charge card provided to Virtual Advisors o pay the Fees; (d) User shall comply with each and every term and conditions of this Agreement, and (e) User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, address and telephone number.
6. Prohibited Uses
User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Success Link to be in conflict with the spirit or intent of this Agreement, or deemed by any and all applicable laws and/or regulations to be unlawful.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to Success Link. Success Link reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User’s access to or use of all or any portion of the Service; and (c) terminate this Agreement. In accordance with Virtual Advisors’ policies, User’s fees owed and paid to Virtual Advisors are non-refundable. Therefore, a User’s termination will not result in a refund of monies already paid to Virtual Advisors. See Section 8, below, for additional information.
8. Refund Policy
Any money paid to Virtual Advisors for its Services, including but not limited to annual subscriptions, monthly subscriptions, and registration fees, are non-refundable.
9. Disclaimer of User Success
In addition to Section 10, below, Virtual Advisors makes no guarantee, promise, or any other representation that User’s use of the Services will lead to a purchase or sale transaction. Whether or not a User is able to buy or sell a financial service practice is contingent upon numerous factors of which Virtual Advisors has no control. Virtual Advisors has no liability should User not be successful in selling or purchasing a financial service practice.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. VIRTUAL ADVISORS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES VIRTUAL ADVISORS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. VIRTUAL ADVISORS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VIRTUAL ADVISORS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
User agrees to indemnify, hold harmless and defend Virtual Advisors, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 5.
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. Virtual Advisors shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Virtual Advisors by User or by updating the Agreement terms on Virtual Advisors’ website(s). User’s access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
You release Virtual Advisors, its affiliates, and its respective directors, officers, employees and agents from all liability related to any and all claims and demands User may assert against any third party arising out of the Services. If User is a California resident, User waives California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15. Electronic Communication
This site permits you to communicate electronically by sending an e-mail message to registered “Sellers”. By use of this site, you agree not to use e-mail to give Virtual Advisors or its affiliates any instruction affecting your account(s) or any linked accounts, including, but not limited to, placing orders to purchase or sell a security or to transfer funds. You also agree not to use e-mail for the transmission of any personal credit information (including account numbers or credit card numbers), to give notice of a change of address, or to give Virtual Advisors or its affiliates any time-sensitive instructions. Virtual Advisors and its affiliates shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send via this site.
16. External Sites
Virtual Advisors may provide access to resources and links to other websites. When Users access a non-Virtual Advisors website, even one that may contain the Virtual Advisors logo, Users leave the Virtual Advisors website and understand that it is independent from Virtual Advisors, and that Virtual Advisors has not reviewed nor is it responsible for the content of any linked websites. Virtual Advisors makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Virtual Advisors of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to Users to take precautions to ensure that whatever Users select for Users’ use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
17. Jurisdiction, Choice of Law, and Arbitration Agreement