Effective and Last Updated: June 2018
Please read carefully before using this Website:
These Terms and Conditions apply to users who are registered with the Website (“Registered Users”).
2. Changes to Terms
The Website is directed to those individuals and entities located in the United States of America, Canada and the United Kingdom. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the AdvisorStream Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. AdvisorStream Ltd. makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside the United States, Canada, and the United Kingdom. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and Registered User Email
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non‐commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of AdvisorStream Ltd. is strictly prohibited.
Registered Users are solely responsible for ensuring that their personal data collection practices are compliant with applicable privacy laws, such as the Personal Information Protection and Electronic Documents Act in Canada and the General Data Protection Regulation in Europe. Registered Users must only collect personal data with prior consent. AdvisorStream Ltd. will delete any personal data that a Registered User has collected in contravention of applicable privacy laws.
6. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non‐commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of AdvisorStreamLtd.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of AdvisorStream Ltd.. You may not use a part of this Website on any other Website, without AdvisorStream Ltd.’s prior written consent.
AdvisorStream Ltd. respects the intellectual property rights of others and expects our Registered Users to do the same. The policy of AdvisorStream Ltd. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: email@example.com.
8. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to AdvisorStream Ltd. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from AdvisorStream Ltd. through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Registered Users is prohibited. Inquiries regarding a commercial relationship with AdvisorStream Ltd. should be directed to: firstname.lastname@example.org.
AdvisorStream subscribers must follow all anti-spam laws, including the Canadian Antil-Spam Laves (CASL), specifically all subscribers communicating to Canadian's must ensure that they have express consent to send an email to a person. All email addresses uploaded directly or through a client relationship managment system (CRM), must ensure the people who own those email addresses have provided express consent as outlined in the CASL rules to the subscriber before being used in email communications.
10. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON‐INFRINGEMENT, ALL OF WHICH ADVISORSTREAM LTD. EXPRESSLY DISCLAIMS. ADVISORSTREAM LTD. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND ADVISORSTREAM LTD. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. ADVISORSTREAM LTD. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR‐FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ADVISORSTREAM LTD
11. Governing Law, Location and Miscellaneous
12. Separate Agreements
13. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
14. Registered Users Disputes
You are solely responsible for your interactions with other Registered Users. AdvisorStream Ltd. reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
15. Registered User Submissions and Communications; Public Areas:
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to AdvisorStream Ltd. by email, or by uploading to the AdvisorStream content area, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted AdvisorStream Ltd. a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AdvisorStream Ltd. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to AdvisorStream Ltd. by email or by uploading to the AdvisorStream content area. We try to answer every email in a timely manner but are not always able to do so.
Some of the areas (individual comments and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Registered Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the comments, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. AdvisorStream Ltd. has full discretion to delete messages.
AdvisorStream Ltd. reserves the right (but is not obligated) to do any or all of the following:
(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(d) Monitor, edit, or disclose any communication in the Public Areas.
(e) Edit or delete any communication(s) posted on the AdvisorStream Ltd. Site, regardless of whether such communication(s) violate these standards.
AdvisorStream Ltd. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. AdvisorStream Ltd. has no liability or responsibility to Registered Users of the AdvisorStream Ltd. Website or any other person or entity for performance or non‐performance of the aforementioned activities. Upon request, and in compliance with an individual’s right to be forgotten, AdvisorStream Ltd. will delete any comments that are personally identifiable.
16. Registered User Data Guarantee
AdvisorStream Ltd. guarantees the security and privacy of all and any Registered User data uploaded or used for communications or any activities associated with the AdvisorStream Ltd. service. This includes but is not limited to email addresses, names or related information a Registered User uploads into their account for use in delivering content via email, or any future method of communication made available on the AdvisorStream Ltd. web-based platform. In the event of a personal data breach that is likely to cause harm, AdvisorStream Ltd. will communicate the personal data breach to Registered Users without undue delay. AdvisorStream Ltd. will also notify Registered Users of a data breach affecting their end clients’ or prospects’ personal data.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ADVISORSTEAM LTD. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF 2341015 ONTARIO LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ADVISORSTREAM LTD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
20. Accounts and Security
AdvisorStream Ltd. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error‐free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
(a) select or use a name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify AdvisorStream Ltd. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at AdvisorStream Ltd.’s sole discretion, and you may be reported to the appropriate law- enforcement agencies.
21. Monthly Billing, Cancellation and Refund Policy
You may cancel your subscription at any point in time. All cancellations requests are done within the self-serve in-app cancellation button found within your Account Settings - Subscription tab. Once your request is received, you will be contacted by our Customer Success team to complete the cancellation process.
Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charged for the following period’s subscription fees. If you cancel your subscription, the cancellation will become effective at the end of the current monthly subscription period.
AdvisorStream Ltd. charges and collects in advance for use of our service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, AdvisorStream Ltd. will calculate the amount with the first payment due upon signing up. All subscriptions monthly, quarterly and yearly renew automatically on their renewal date according to the date of purchase until cancellation.
Refunds will not be provided for any subscription, we do not provide credits, refunds or prorated billing for subscriptions that are canceled mid-month. In such circumstances, you will continue to have access to your AdvisorStream Ltd. account until the end of the monthly billing cycle.