TERMS & CONDITIONS
Welcome to the Vision Financial Marketing website. Please read these terms and conditions carefully. BY ACCESSING THE SITE (as defined below) YOU ARE AGREEING TO BE BOND BY THESE TERMS AND CONDITIONS.
VFM may revise these Terms at any time and at its sole discretion and post an updated version on the Site. Your continued use of the Site after VFM posts any changes will constitute your acceptance of such changes. If you do not agree with the changes, please do not continue use of the Site.
USE OF THE SITE AND THE SERVICES
You must be at least 18 years of age or older and register as a “User” for an “Account” to access the Site and Services. You represent, warrant, and covenant that you will provide accurate and complete information as requested by registration forms on the Site and update this information (“Account Data”) should it change. You will protect and not share your user name and password with third parties.
PROHIBITED USE OF THE SITE
You are responsible for your actions while using our Site or Services and you are not to use the Site or Services in any manner that violates applicable law, contract, intellectual property or other third-party right. Your conduct shall not (and you shall not permit any other person to):
- Restrict or interfere with another User’s ability to use or enjoy the Site.
- Overburden the Site’s infrastructure in any manner or otherwise damage or impair the functioning of the Site.
- Attempt to access any portion of the Site that is not public or override any security measures that are in place.
- Introduce any virus, Trojan Horse, worm or other similarly harmful programming routines or automated systems, including, “robots” or “botnets,” that that flood the system with information at an unreasonable rate.
- Impersonate any other person or entity or use any misleading or false information or statements for any purpose, including but not limited to, gaining access to another User’s Account.
COMPLIANCE WITH LAW
You will comply with all applicable laws, rules, or regulations in your use of the Site and the Services.
By use of this Site, you consent to receive electronic communications from VFM (e.g., via email or by posting notices on our Site). These communications may include notices regarding your Account, such as payment authorizations or password changes, and are part of your relationship with us. Should you cancel your subscription with VFM, you may continue to receive promotional electronic communications from us unless you elect to opt-out of receiving those communications.
You represent and warrant that you have all necessary permissions and consent to send marketing and general communications from the Site to your clients, prospects and general contacts (collectively “Contacts”) on your behalf as deployed by you. You are solely responsible for ensuring any and all communications sent to Contacts on your behalf through the Site meet any and all laws and regulatory and compliance guidelines that govern your entity, industry, or relationship with your Contacts; including but not limited to privacy advertising, consumer protection, intellectual property or other laws.
ACCOUNT & SITE SECURITY
As a User, you agree to:
- Maintain the security of your password and not share your Account credentials with anyone. Promptly notify us if you discover or suspect that someone has accessed your Account without your authorization.
- Accept responsibility for all activity on your VFM Account, and for any charges incurred by your Account for subscription fees or purchases for other Services.
- Accept all risks of third-party, unauthorized access to the Account Data and any other information or data you provide to VFM.
We safeguard our Site by using industry standard measures. However, VFM cannot guarantee that there are no risks to your data and you acknowledge the use of the internet carries innate threats. By using our Site, you assume these risks and accept responsibility by acknowledging you are using technology that cannot provide guaranteed security or reliability.
COPYRIGHT NOTICE, OWNERSHIP & TRADEMARKS
This Site and its content are copyrighted by VFM, LLC., all rights reserved. Any redistribution or reproduction of part or all of the contents of the Site, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. VFM and its licensors are the sole owner of: (i) the Site, Services, and content on the Site; (ii) any data or metadata created, aggregated, or generated thereby; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents and its other intellectual property rights related to (i) and (ii) or included therein.
This Site contains material which is owned by or licensed to us. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license for access to and use of our Site and Services for the purposes of your own personal use or to communicate about your business or organization with your Contacts, if applicable. You shall not:
- Sell, resell, copy, reproduce, redistribute or display publicly the Site, Services or content on the Site other than expressly permitted by us.
- Modify content on the Site in any way, such as the removal of any proprietary rights notices or markings.
- Use our Site, Services and content on the Site for any reason other than for their intended purposes.
- Create a link to this Site from another website or document without prior written consent.
Any use of our Site, Services or content on the Site other than as specifically authorized herein, without our prior written consent, is strictly prohibited. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offence and will result in termination of your Account.
Content provided by Users (“User Content”) is the property of that User, except to the extent that User’s Content is subject to Broker Dealer / Investment Advisors book and records regulatory requirements, including, but not limited to; SEC Books and Records requirements, Rule 17a-3 and 17a-4; FINRA Books, Records and Reports requirements – Rule 4500; SEC Rule 204-2 of the Investment Advisors Act; MSRB Rules G-8 and G-9 (collectively, “Books and Records Requirements”). If you are a registered representative and/or an investment advisory representative, your access to your User Content may be restricted upon your termination from that Firm based upon the ownership interests of the Firm or other individuals registered with that Firm, and in accordance with the applicable privacy and books and records regulatory requirements.
You hereby grant to VFM a royalty free, irrevocable, perpetual, worldwide, transferable license to use, copy, display and make derivative works of the User Content as necessary to provide the Services or enforce these Terms.
PAYMENTS, FEES & CANCELLATIONS
Pricing for paid subscription tiers is as listed on the Site and prices may change from time to time upon notice as set forth herein. Notification of any changes affecting your current subscription fee will be electronically communicated to you with at least 30 days’ notice. By signing up for a paid subscription tier, you are agreeing to a monthly subscription with VFM and you authorize VFM or our third-party payment processor to charge the payment method used to register for your Account each month for as long as you remain subscribed. Your subscription continues until you cancel it or until we discontinue providing access to our Site and Services in accordance with these Terms.
You may cancel your subscription at any time upon notice to VFM within your Account settings or by contacting firstname.lastname@example.org. Inactivity does not result in cancellation and your payment method listed in your account will continue to be charged until you cancel your subscription as stated herein. All cancellation requests are effective at the end of the then-current subscription period in which the cancellation was requested.
Additional Services may have associated standalone, non-subscription fees to purchase, use or otherwise access. You may elect to purchase these Services at any time and we will charge your method of payment for these as one-time purchases at the time of purchase. These charges will appear on your billing statement separate from your monthly subscription fee.
LIMITATION OF LIABILITY & WARRANTY DISCLAIMER
In no event shall VFM, its officers, directors, employees, affiliates, business partners, subsidiaries, vendors, suppliers or licensors be liable to you for any indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages. The total liability of VFM or any of its officers, directors, affiliates, business partners, subsidiaries, vendors, suppliers or licensors for any claim arising out of or relating to these Terms shall not exceed the monthly subscription fees paid in the three months prior to the claim being made. All claims must be submitted in writing to VFM at email@example.com.
In no event shall VFM be liable for any breach in security caused by a third-party resulting from any effort to access any component of the Site or Services.
By using our Site and Services you acknowledge and agree that we provide said Site and Services “as is, where is, as available” and without any warranty or condition, express, implied or statutory. VFM specifically disclaims any implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. VFM does not claim or warrant that the Site, Services or Content are accurate, uninterrupted, free of viruses or other harmful mechanisms, complete, reliable, current or error-free. You understand and acknowledge that due to circumstances both within and outside of the control of VFM, access to the Site may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, VFM will not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT VFM WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR CONTINGENCY PLANS, IF ANY, TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SITE.
You agree to defend, indemnify, and hold us and our officers, directors, employees, affiliates, business partners, subsidiaries, vendors, suppliers and licensors harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to, reasonable attorney’s fees, expert witness fees, and costs of litigation arising from or based on:
- User Content you submit through the Site;
- Your use of the Site, Services, or content on the Site;
- Any conduct, activity, or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of our Site, Services or Content.
Third party Content
The Site or Services may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Site or Services (“Third Party Content“). The third party from whom or which any such Third Party Content originates is solely responsible for it and VFM assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, VFM has no liability of any kind to You or any third party for any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, not necessarily those of VFM.
As stipulated in these Terms, VFM does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party. The Site may, from time to time, contain hyperlinks (“Link”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. VFM does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. VFM has made no attempt to verify any information contained in any such articles. Furthermore, VFM is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from the Site. Your visits via Links are at Your own risk and You acknowledge and agree that VFM is not liable, and Your sole remedy for use, access, or transactions on such a website is against that website or its owner.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to VFM regarding our Site, Services or Content, such Feedback is s non-confidential and will become the sole property of VFM. We will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge VFM will give no credit or compensation to you and you have no rights to the same.
Should you believe anything on our Site, Services or Content infringes on any copyright that you own or the copyright of others, you may notify the compliance department at firstname.lastname@example.org.
GOVERNING LAW & VENUE
These Terms and your access to and use of our Site and Services will be governed by the State of Illinois, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal course of Illinois and the United States, respectively, sitting in Lake County, Illinois.