AdvisorWebsites.com is only willing to provide the services to you upon the condition that you accept all of the terms contained in this agreement. Please read this agreement carefully as it affects your legal rights and remedies.
The following agreement (“Agreement”) is entered into between you (“Customer” or “you”) and A.W. AdvisorWebsites.com Software Inc. (“AdvisorWebsites.com”, “we, or “us”), a British Columbia corporation having a business at 1177 West Hastings St, Suite 1812, Vancouver BC, Canada and is made effective on the date of electronic acceptance. This agreement sets forth the terms and conditions that govern your use of this website and the products and services (collectively, the “Services”) found at this site, and is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular Service. In the event that you provide a purchase order or other ordering document to facilitate your purchase, the document is incorporated by reference only to the extent that it identifies the Services to be purchased, and all other terms and conditions included in such document are hereby rejected by AdvisorWebsites.com.
AdvisorWebsites.com, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Last Revised” date at the top of this page or (iii) your continued use of the Services after AdvisorWebsites.com posts the amended Agreement to www.advisorwebsites.com.
Eligibility, Point of Contact, Account Ownership
The Services found at this Site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom AdvisorWebsites.com is legally prohibited to provide the Services.
Customer shall designate a single “Point of Contact” in the accompanying Order Form. Customer’s Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that AdvisorWebsites.com may rely on representations made by Customer’s Point of Contact. Customer may change its Point of Contact at any time by giving written notice to AdvisorWebsites.com in accordance with the notice provisions of this Agreement. AdvisorWebsites.com is under no obligation to accept instructions from anyone other than the Point of Contact. Notwithstanding the foregoing, AdvisorWebsites.com shall not be liable for any loss or damage resulting from AdvisorWebsites.com’s reliance on any instruction, notice, document or communication reasonably believed by AdvisorWebsites.com to be genuine and originating from an authorized representative of Customer’s corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AdvisorWebsites.com reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit AdvisorWebsites.com to protect the quality of its products and services, you hereby consent to AdvisorWebsites.com staff being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
Fees and Payment
A. Fees. In consideration of the Services, Customer will pay to AdvisorWebsites.com all fees due according to the prices and terms listed on this website. All sales are final and AdvisorWebsites.com offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services.
B. Payment. All payments are due upon end of initial 30 days grace period, the Services will not continue until payment is received. All recurring charges will be due on the monthly anniversary date of your initial signup. It is Customer’s obligation to review all monthly charges for accuracy. Failure to dispute a charge within six (6) months following such charge shall constitute Customer’s agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge. If a payment is returned or rejected by AdvisorWebsites.com’s bank, or incurs additional costs for AdvisorWebsites.com (e.g., bank fees) for any reason, then Customer may be charged a service fee of $40 and be required reimburse all such fees and costs incurred by AdvisorWebsites.com, and Customer shall be immediately deemed to be in default of this Agreement. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. If Customer defaults, Customer agrees to pay AdvisorWebsites.com its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.
C. Billing Policies and Cycles. We offer billing via credit card or debit card (Canada only) charge only. All fees and charges associated with your access to and use of the service are due in full upon commencement of Your Subscription Term. These fees may include service setup fees and first month service charge. Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter. AdvisorWebsites.com attempts to automatically charge the credit card on file for any past due invoice for current, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts. Accounts past due over 30 days cannot be reactivated. You must sign up for new service and pay the full setup fees associated with the plan you choose. To cancel your account, you must contact our support team at least 30 days before your next invoice due date.
Note: All billing correspondence (invoices, notifications, etc.) is done via email. It is crucial that you maintain a current email address with us.
D. Taxes. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction. We will invoice you for such taxes if we believe we have a legal obligation to do so and you agree to pay such taxes if so invoiced.
E. Upgrades and Downgrades. If you choose to upgrade your website service plan or subscribe to optional add-ons during your subscription term (a “Subscription Upgrade”), any incremental subscription charges associated with such Subscription Upgrade will be prorated over the remaining period of your then current subscription term, charged to your account and due and payable upon implementation of such Subscription Upgrade. In any future subscription term, your subscription charges will reflect any such Subscription Upgrades.
No refunds or credits will be provided to you if you elect to downgrade plan. Downgrading your plan may cause loss of content, features, or capacity of the service as available to you under your account, and AdvisorWebsites.com does not accept any liability for such loss.
Termination of Service
No refunds or credits for subscription charges or other fees or payments will be provided to you if you elect to terminate your website subscription or cancel your account prior to the end of your then effective subscription term. Following the termination or cancellation of your subscription to the website service and/or account, we reserve the right to delete all your Data in the normal course of operation. Your data cannot be recovered once your Account is cancelled.
If You terminate your subscription to the website service or cancel your account prior to the end of your then effective subscription term or we effect such termination or cancellation pursuant to your breach of section “Acceptable Use Policy”, in addition to other amounts may owe AdvisorWebsites.com, you must immediately pay any then unpaid subscription charges associated with the remainder of such subscription term. This amount will not be payable by you in the event you terminate your subscription to the website service or cancel your Account as a result of a material breach of these terms by AdvisorWebsites.com, provided that you provide advance notice of such breach to AdvisorWebsites.com and afford AdvisorWebsites.com not less than seven (7) days to reasonably cure such breach.
Use of Customer’s User Content
Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By providing User Content to AdvisorWebsites.com via any method (e.g. site submission, email, survey responses, etc.), you represent and warrant to AdvisorWebsites.com that (i) you have all necessary rights to distribute User Content via this website or via the Services found at this website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
Support & Third-Party Software
AdvisorWebsites.com shall provide support only to its technology platform and features and will not perform support requests pertaining to third party applications or softwares, even if connected to your AdvisorWebsites.com’s account. Additionally, in the event you elect to install any third-party software, the following terms shall apply. You represent and warrant you have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless AdvisorWebsites.com and its employees, officers and directors for, from and against any and all claims brought against AdvisorWebsites.com and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event you shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements incurred by AdvisorWebsites.com in connection with any such claims.
AdvisorWebsites.com personnel may from time to time recommend third party software or other products and services for your consideration. ADVISORWEBSITES.COM MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM ADVISORWEBSITES.COM, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH ADVISORWEBSITES.COM SOFTWARE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
From time to time, AdvisorWebsites.com may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. AdvisorWebsites.com makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, AdvisorWebsites.com shall not be responsible for the effect an update has on any code not provided by AdvisorWebsites.com and any modifications to such code to restore functionality shall be Customer’s sole responsibility and cost.
Where support is provided by AdvisorWebsites.com, AdvisorWebsites.com will provide technical support for the most recent update or version of the Software associated with a Service. From time to time, AdvisorWebsites.com may provide support for an older version(s), however AdvisorWebsites.com reserves the right to suspend or terminate such support at anytime, with or without notice.
Customer may not sublicense or resell any of AdvisorWebsites.com’s Services to any third parties without the prior written permission of AdvisorWebsites.com. By way of example and not limitation, Customer may not provide Web Hosting services through its AdvisorWebsites.com Services to any third party without AdvisorWebsites.com’s prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.
AdvisorWebsites.com shall have no duty or obligation to monitor Customer’s Content or any other Content provided or distributed by others, and AdvisorWebsites.com shall not edit or otherwise exercise any control over Customer’s Content. Nevertheless, AdvisorWebsites.com may, with a 48 business hours advanced notification to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer’s Content or other Content that AdvisorWebsites.com deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; (ii) the content constitutes harassment of Users, including, but not limited to, by means of Customer’s billing practices; or (iii) Customer’s noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement; or (iv) claims made by third parties against AdvisorWebsites.com that Customer or any of its end users has engaged in one or more of the above practices.
Customer, Marketing or Affiliate partner, and AdvisorWebsites.com agrees NOT to approach any employees of Customer, Marketing or Affiliate partner, and AdvisorWebsites.com with proposals to hire them as its own employees or contractors.
Customer shall indemnify and hold harmless AdvisorWebsites.com from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to Customer’s provision, or an end user’s use, of Customer’s Content, or any act, error, or omission of Customer 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 or other right; or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
Marketing and Reseller partner’s Indemnification
Marketing and Reseller partner shall indemnify and hold harmless AdvisorWebsites.com from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to Marketing and Reseller partner’s provision, or an end user’s use, of Marketing and Reseller partner’s Content, or any act, error, or omission of Marketing and Reseller partner 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 or other right; or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
AdvisorWebsites.com shall indemnify and hold harmless Marketing and Reseller partner from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to AdvisorWebsites.com’s provision, or an end user’s use, of AdvisorWebsites.com’s Content, or any act, error, or omission of AdvisorWebsites.com 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 or other right; or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
Disclaimer Of Warranties
CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ADVISORWEBSITES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVISORWEBSITES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ABILITY OF THE SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (III) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ADVISORWEBSITES.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ADVISORWEBSITES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Limitation of Liability
ADVISORWEBSITES.COM ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR END USER’S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, LOST REVENUE OR PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISORWEBSITES.COM IS AWARE OF THE POSSIBILITY THEREOF. ADVISORWEBSITES.COM SHALL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD, EXCEPT WITH RESPECT TO ADVISORWEBSITES.COM’S BREACH OF THEIR CONFIDENTIALITY OBLIGATIONS HEREUNDER OR EXCEPT IN CONNECTION WITH A BREACH BY ADVISORWEBSITES.COM OF CUSTOMER’S INTELLECTUAL PROPERTY RIGHTS.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Proprietary Rights Notice
The Service, which includes but is not limited to, all intellectual property rights in the Service are, and shall remain, the property of AdvisorWebsites.com or its licensor (as applicable), All content (text, files and document, imagery and photography, branding and logo) provided by you to the AdvisorWebsites.com team, or uploaded by you to your AdvisorWebsites.com account remains your intellectual property. All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by AdvisorWebsites.com and its licensors (as applicable). Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to): (a) use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against AdvisorWebsites.com; (b) sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of AdvisorWebsites.com; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with AdvisorWebsites.com (or any of its affiliates or licensors); (e) reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or (f) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
Acceptable Use Policy
A. Acceptable Use Policy. AdvisorWebsites.com maintains on its Web site AdvisorWebsites.com’s then-current Acceptable Use Policy (“AUP”). Customer agrees to abide by the AUP. AdvisorWebsites.com may modify its AUP at any time, and shall post the then-current AUP on AdvisorWebsites.com’s Web site, which will be effective upon posting.
B. End Users to Comply with AUP. Customer acknowledges that AdvisorWebsites.com may terminate an end user’s access to Customer’s Web Site for noncompliance with AdvisorWebsites.com’s AUP. AdvisorWebsites.com may thus terminate such end user’s access to Customer’s Content even if the end user has not violated Customer’s own terms and conditions of use of its Web Site. AdvisorWebsites.com acknowledges that Customer may terminate a User’s access to Customer’s Content for noncompliance with Customer’s terms and conditions.
In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any AdvisorWebsites.com services, in any form, you automatically agree to the following Conditions.
AdvisorWebsites.com maintains high standards and values, and expects the same from its customers. We reserve the right to suspend or cancel a customer’s access to any or all Services provided when we decide, in our sole discretion, that the account has been inappropriately used. In short we may decline Services because of:
- Adult Material (as described below)
- Illegal content
- Use of the Services in a manner in which it was not intended
- Use of the Services in a manner which does not conform to AdvisorWebsites.com’s values
In addition, any website using AdvisorWebsites.com software must maintain a hyperlink to “http://www.advisorwebsite.com” at the bottom/footer of the website, which is visible throughout the majority of the website. If the hyperlink is not found, AdvisorWebsites.com reserves the right to place the hyperlink on your website without notice.
Adult Material Policy
AdvisorWebsites.com maintains a strict “No Adult Material Policy”. Any presentation of material that is sexual, pornographic or obscene in nature, as determined in AdvisorWebsites.com’s sole discretion, will not be allowed. By way of example and not limitation, “Adult Material” includes any of the following:
- Any photos or videos showing frontal nudity on either men or women.
- Any photos or videos showing any sexually explicit nudity.
- Any audio clips or text containing sexually explicit material.
- Any explicit adult toys such as vibrators, etc.
- Any sites with direct links to other sites containing such material.
- Any site engaged in the sale of sexually explicit items.
If your site contains material that you are unsure about, please let us know before placing the order.
The most recent version of the Uniform Domain Name Dispute Resolution Policy can be found at http://www.icann.org/en/udrp/#udrp.