THE FOLLOWING DESCRIBES THE TERMS ON WHICH RESPOND.COM, OR ANY PRIVATE LABEL VERSION OF THE RESPOND SERVICE ,INCLUDING WISERADVISOR.COM, OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT SETTING FORTH YOUR USE OF OUR PRODUCTS AND SERVICES. BY SUBMITTING YOUR BUSINESS INFORMATION AND REGISTERING WITH RESPOND.COM AND ITS NETWORK OF SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND LEGALLY BY THE TERMS WITHIN.
The services available at www.respond.com (the "Site") and its network of the sites ("Services") are owned and operated by Respond.com, Inc., operating as a Delaware corporation, and doing business as Respond.com ("Respond"), and are provided to You ("You"), the end user individual or business, under the following terms and conditions (the "Agreement"). If You do not agree to be bound by any of the terms and conditions of this Agreement; please discontinue use or access of our Services. Please note that Respond may amend this Agreement at any time, without notification, by posting the amended terms and conditions on the Site or private label versions of the Site (together the "Sites"). Accordingly, Respond encourages You to review this Agreement from time to time to ensure that You understand and are remaining in compliance with the current terms and conditions in effect. Please note that Your continued use of the Services following any changes will be deemed conclusive acceptance of any changes to this Agreement. This Agreement may not be otherwise amended except in writing signed by You and Respond.PROGRAMS; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to Your registration with any of Respond's business directory or lead generation programs and/or to specific portions or features of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including (where applicable) representing that You are of sufficient legal age and/or have the right and ability to use or participate in such program. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, including any program registration areas, the latter terms shall control with respect to Your use of that portion of the Site or the specific program. Respond's obligations, if any, with respect to its programs and/or services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site shall be construed to alter such agreements.SERVICES
Respond is a pay for performance advertising service that displays business listing information and matches requests (leads) from potential customers ("Buyers") with advertisers ("Businesses") that are listed in the business directory and may be able to meet the needs of the Buyer. Respond is not involved in the actual transaction between end Buyers and Businesses. Consequently, Respond cannot ensure that a transaction between any Buyer and Businesses will occur between two parties. Further, if a transaction does occur, Respond has no control over the quality, safety or legality of the item or services sold or rendered. The Sites are a venue for You to receive requests from interested Buyers. You understand that Respond does not guarantee sales or results. You may receive any number of requests, clicks, or calls, a day, or may receive zero requests, clicks, and calls for products or services on any given day and possibly throughout Your participation in Respond, and Respond functions only as an intermediary that provides Buyers and Businesses with access to others within an environment that makes it easier for Buyers to engage Businesses and vice versa. You agree to assume all responsibility and liability for Your use of the Services, any transactions or communications You initiate either with a Buyer or a Seller, or any claims that may result there from. Moreover, You acknowledge and agree that this Site features materials, products, and services provided by third parties and persons. Respond makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products and services may access. Respond expressly disclaims responsibility and liability for all third party provided materials, products, and services accessed through the Site.REGISTRATION OBLIGATIONS.
You agree to provide true, accurate, current and complete information about You and Your business as prompted by the registration process. If You do not, Respond has the right to deny, suspend or terminate Your Service.
The email address used to register with Respond must be distinct and refer to You.
You will receive an email, usually within three (3) business days, notifying You whether or not Your registration has been approved. Respond may deny You use of the Service at its sole discretion. Specifically, the following Businesses are ineligible to participate in the Service:
A solicitor is any person or business entity who, directly or indirectly, solicits any client for, or refers any client to, an investment advisor. Respond.com Inc. AND/OR WiserAdvisor.com are both solicitors under this definition, as our service is referring prospective clients to investment advisors via an inbound (opt-in) online matching service.
Upon approval, You will receive a business account with a username and password ("Your Account"). Respond reserves the right to approve or disapprove category selections to ensure that the leads provided to You are appropriate for Your business. You are responsible for all activities that occur under Your Account. You may not allow anyone else to use Your Account; additionally, You may not use anyone else's business account while using the Service. You agree to notify Respond immediately of any unauthorized use of Your Account, email, or any other breach of security. Respond will not be liable for any loss or damage arising from Your failure to comply. Respond delivers leads to businesses within its network through our customizable lead referral program, First Responder, this program entails that:
At the time Your Account is created a billing cycle is assigned to Your Account. All Payments shall be in U.S. Dollars. You agree to pay Respond the fees associated with any Business Listing plan that You select ("Your subscription"). In order to pursue leads, clicks, or calls each business must establish an Advertising Budget. Your advertising balance ("Response Dollars") is debited every time Your business receives a lead, click, or call. You agree and understand that Your subscription with Respond will renew at the end of each term unless You cancel Your account; by adhering to the Terms as stated in the Termination clause below. Your subscription plan will renew on or about two (2) days preceding the end date of Your current subscription. If Your subscription plan fails to renew, Respond retains the right to debit Your advertising balance with the appropriate business subscription fee to maintain Your account. Your advertising budget will be replenished each month on the date You have selected as follows:
If You select to enroll into our AccountWatch (not applicable for financial advisors) budgeting program:
Your intial Advertising Budget balance is non-refundable. Any unused budget amount is rolled forward into the next month. Response Dollars are expired after twelve (12) Months and are considered unusable for Your account. Renewals and replenishes are automatically charged to the credit card that You have designated for Your Account. Respond may change the prices, payment terms, plans or other options at any time, at our discretion. Respond agrees to notify You of any proposed changes.BUSINESS CONDUCT
You agree to not use the Service:
You acknowledge and agree that Respond is not responsible for screening, policing, editing, or monitoring Your, another Buyer or Business', or other third party content posted to the Site and its forums, including any opinions. Respond is not the publisher of the postings You or any other Buyer, Business, or user place on the Site. Respond, nevertheless, reserves the right to delete and/or take other action with respect to postings and requests that Respond believes violate this Agreement and/or are potentially unlawful. Moreover, it is a policy of Respond to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If You become aware of postings that violate these laws and regulations regarding acceptable behavior or content, You may contact Respond at 866-NET-LEAD. You acknowledge that Respond does not verify the truth or falsity of any review of any business or services that is posted on the sites by Buyers or otherwise endorse, oppose, or edit any posting, opinion, or request and has no responsibility, legal or otherwise, for the content of such reviews.TERMINATION
You may initiate a termination of this Agreement at any time either through verbal or written notice via phone at 866-NET-LEAD or via email at firstname.lastname@example.org. Your Account is not cancelled until You receive confirmation from an authorized representative of Respond.com. Please review the following detailed information about cancelling Your Account:
BUSINESS SUBSCRIPTIONS. All Business Subscriptions are non-refundable.
ADVERTISING BUDGET. Paid but unused Response Dollar balances are eligible to be refunded on cancelled accounts, if the refund meets the following conditions:
Because Respond is not involved in the actual transaction between Buyers and Businesses, or in the verification of information provided by Buyers on the Respond Sites about Your Business, in a review or otherwise, in the event that You have a dispute or claim, for any reason or for any cause, You release Respond (and our officers, directors, agents, and employees) form claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."USE OF BUSINESSES NAME
You acknowledge and agree that by participating in the Service, Respond shall have a royalty-free, non-exclusive right and license, without any compensation to You, to use, copy, and display the name of Your business in Respond's promotions, press releases, public relations, advertisements, and/or other sales and marketing activities and otherwise utilize such business name on the Site and in connection with delivery of the Service.Respond's PROPRIETARY RIGHTS
Respond provides You with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable right and license to use the Site conditioned on Your continued compliance with the terms and conditions of this Agreement. You acknowledge and agree that the Sites and Service and any necessary content and software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on and software utilized in connection with the Sites or presented to You through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. The Site is Copyright © 1998-2013 respond.com. All rights reserved. RESPOND.COM, and all other names, logos, and icons identifying Respond and its products and services are proprietary trademarks of Respond and any use of such marks without the express written permission of Respond is strictly prohibited. You acknowledge and agree that other product and business names displayed on the Site may be the trademarks and/or service marks of their respective owners. Except as expressly authorized by Respond, You agree not to modify, sell, distribute, broadcast, transmit, reproduce, publish, decompile, reverse engineer, copy, license, sell, mirror, frame, rent, grant a security interest in, or create derivative works based on the Sites, Service or software, in whole or part.ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Respond reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Respond will also comply with all court orders involving requests for such information. In addition to the foregoing, Respond reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.UPGRADES, SUPPORT AND NOTICES
From time to time, Respond may, and retains the right to, send You information and offers about upgrades, documentation and other services offered by Respond and its Partners. Notwithstanding the foregoing, under no circumstances will Respond or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites.REPRESENTATIONS AND WARRANTIES
You represent and warrant to Respond that (i) You are authorized to enter into this Agreement, either on behalf of Yourself or on behalf of the Business You represent, and fulfill and perform the Obligations and Obligations of a Business specified herein, and (ii) You and/or Your Business has all required permits, licenses, and other governmental authorizations and approvals to use the Site and ServicesINDEMNITY
You agree to indemnify and hold Respond, its parents, subsidiaries, affiliates, officers, employees and service providers and partners ("Partners"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your Account by any third party, purchase or use of Your products or services, Your use of information about Buyers obtained via the Service, the violation of this Agreement by You, or the infringement, misappropriation, or violation by You, or any third party using Your Account, of any intellectual property or other right of any person or entity.WARRANTY DISCLAIMER
You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER RESPOND NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to You.LIMITATION OF LIABILITY
IN NO EVENT SHALL RESPOND OR OUR PARTNERS BE LIABLE FOR LOST PROFITS, ANY FAILURE TO STORE ANY MESSAGE, OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You.EVENTS BEYOND Respond's CONTROL
You expressly absolve and release Respond from any claim of harm resulting from a cause beyond Respond's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, blocking of email delivery, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.GENERAL
This agreement constitutes the entire agreements between You and Respond. The rights and obligations of the parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather such rights and obligations shall be governed in all respects by the laws of the State of Virginia without regard to its conflict of law provisions. The Superior Court of Fairfax County and/or the United States District Court for the Northern District of Virginia will have exclusive jurisdiction and venue over all controversies in connection herewith, and each party hereby consents to such exclusive and personal jurisdiction and venue. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You without Respond's prior written consent. Respond may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Respond in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.SUBMISSIONS
Respond welcomes Your feedback and suggestions about how to improve this Site and the Services. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Respond, You represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Respond. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Respond to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary. Feedback can be sent electronically to email@example.com; or via snail mail to Feedback, C/O Respond, 12150 Monument Drive, Suite 700, Fairfax, VA 22033.
* Financial Advisors in our network may be dually registered advisors; in addition to being registered as an RIA, may also be registered representatives offering securities through broker dealers. ** We pre-screen advisors for experience, advisor compensation (fee-based or fee-only), licensing and disclosures with SEC/FINRA. By using this site you agree to our terms of service.
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