AdvisorFinder Intelligence
Terms of Service
Last Modified: June 8, 2026
Acceptance of the Terms of Service
These Terms of Service (the "Terms") are a binding agreement between AdvisorFinder LLC ("AdvisorFinder," "we," "us," or "Provider") and the entity or organization agreeing to these Terms ("Customer," "you," or "your"). They govern your access to and use of AdvisorFinder Intelligence, a web-based business intelligence and analytics platform that enables wealth management firms to track, analyze, and report on organic search performance, website traffic data, digital visibility metrics, and competitive insights, including any related integrations, dashboards, reports, and features made available through the platform (the "Platform"), together with any related documentation, updates, and support services (collectively, the "Services").
By accessing or using the Platform, creating an account, or executing an Order Form that references these Terms, you:
- represent that you have the legal authority to bind the entity or organization on whose behalf you are accepting these Terms;
- represent that the Customer entity is a duly organized business, validly existing under the laws of its jurisdiction, and authorized to do business in the United States;
- acknowledge that you have read and understand these Terms and our Privacy Policy, located at https://advisorfinder.com/privacy-policy, incorporated herein by reference;
- agree to be bound by these Terms and the Privacy Policy.
If you do not agree to all of these Terms, or if you do not have the authority to bind the entity on whose behalf you are agreeing, do not access or use the Platform.
Changes to the Terms and Platform
We reserve the right to modify these Terms at any time to reflect changes in our business, legal requirements, or industry practices. Unless we specify a different effective date, changes become effective immediately upon posting.
For material changes that significantly affect your rights or obligations, we will use commercially reasonable efforts to provide at least thirty (30) days advance notice through one or more of the following methods: email notification to Customer’s registered email address, prominent notice on the Platform login screen, or in-platform notification upon your next access.
Your continued use of the Platform after any changes constitutes acceptance of the modified Terms. If you do not agree to any modification, you must immediately discontinue use of the Platform and notify us in writing.
We may update, modify, or change the Platform and its features at any time. While we will use commercially reasonable efforts to maintain Platform availability, we have no obligation to maintain any particular feature or functionality. We do not warrant that the Platform or its content will always be complete, accurate, or current.
Definitions
"Account" means a registered profile or login used to access the Platform.
"Authorized Users" means Customer’s employees, contractors, or agents who are authorized by Customer to access and use the Platform under Customer’s Account, subject to these Terms.
"Commercial Terms" means any separate written agreement between Customer and AdvisorFinder governing paid or enterprise use of the Services, such as a License Agreement, Order Form, Pilot Agreement, or Enterprise Agreement.
"Confidential Information" means any non-public information disclosed by either party to the other in connection with these Terms or the Services, whether orally, in writing, or by other means, that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes the existence and terms of any Commercial Terms.
"Content" means all information, data, text, software, images, videos, audio, designs, logos, trademarks, works of authorship, and other materials available on or through the Platform.
"Customer Data" means any data, content, or information that Customer or its Authorized Users upload, submit, or otherwise provide to the Platform in connection with use of the Services, excluding Usage Data.
"Documentation" means the usage manuals, help resources, instructional materials, and technical specifications for the Platform that are made available by AdvisorFinder.
"Fees" means the applicable subscription fees and other amounts described in an Order Form or otherwise agreed to in writing between the parties.
"Including" means "including without limitation."
"Order Form" means a written ordering document or online subscription process executed or completed by the parties that references these Terms and specifies the Services, Fees, Subscription Period, and other commercial details.
"Platform" means the AdvisorFinder Intelligence web-based business intelligence and analytics platform, including any related integrations, dashboards, reports, and features made available through the platform.
"Privacy Policy" means our privacy policy available at https://advisorfinder.com/privacy-policy, as updated from time to time.
"Services" means the Platform, Documentation, and any related support, onboarding, training, consulting, integration, configuration, or other professional services described in an Order Form or otherwise provided by AdvisorFinder to Customer in connection with the Platform.
"Subscription Period" means the period of access to the Platform as specified in an Order Form or, if no Order Form has been executed, as otherwise agreed in writing between the parties.
"Updates" means updates, patches, bug fixes, and maintenance releases to the Platform made generally available by AdvisorFinder to its customers at no additional charge.
"Usage Data" means data and information about the provision, use, and performance of the Platform and related offerings generated through Customer’s or Authorized Users’ use of the Platform, which is collected in aggregated or de-identified form and does not identify Customer, its clients, or its Authorized Users.
Important Notices
AdvisorFinder Intelligence is a business intelligence and analytics platform. AdvisorFinder DOES NOT:
- provide investment, tax, or legal advice;
- act as an investment adviser, broker-dealer, or placement agent;
- recommend specific securities, investment strategies, or financial advisors;
- guarantee the quality, accuracy, or completeness of any data, analytics, or insights provided through the Platform; or
- vet, verify, endorse, or make any representations about any financial advisor, investment adviser, or wealth management firm.
The Platform provides data analytics and reporting tools. Any business decisions made based on data or insights from the Platform are solely your responsibility. AdvisorFinder makes no representation that use of the Platform will result in any particular business outcome, increase in client acquisition, improvement in search rankings, or other commercial result.
Applicability of These Terms; Order of Precedence
These Terms apply to all access to and use of the AdvisorFinder Intelligence Platform, unless Customer has executed a separate License Agreement, Enterprise Agreement, or other Commercial Terms that expressly govern use of the Platform.
If a separate Commercial Terms agreement applies to your use of the Platform, that agreement controls for the covered Services and these Terms apply only where that agreement does not address a particular issue.
If you have multiple agreements with AdvisorFinder, their priority is: (1) signed Commercial Terms (License, Enterprise, or Pilot Agreements); (2) Order Forms that modify those agreements; (3) these Terms for any gaps; and (4) our Privacy Policy for data processing unless another agreement expressly supersedes it.
These Terms govern your use of AdvisorFinder Intelligence only. If you also use other AdvisorFinder products or services (such as the AdvisorFinder advisor search platform at AdvisorFinder.com), your use of those products is governed by their respective terms of service and any applicable agreements. In case of conflict between these Terms and the terms governing another AdvisorFinder product, the terms specific to the product you are using control.
License and Access
License Grant. Subject to these Terms and Customer’s payment of all applicable Fees, AdvisorFinder grants Customer a limited, non-exclusive, non-sublicensable, non-transferable (except as permitted in the Assignment section below) right to access and use the Platform during the Subscription Period, solely for Customer’s and its affiliates’ internal business purposes as described in the applicable Order Form or these Terms.
Authorized Users. Customer may permit its Authorized Users to access and use the Platform under Customer’s Account. Customer is responsible for all actions taken through Authorized Users’ accounts and for all Authorized Users’ compliance with these Terms. Customer and Authorized Users must protect the confidentiality of their passwords and login credentials.
Updates. During the Subscription Period, AdvisorFinder will provide Customer, at no additional charge, Updates that AdvisorFinder makes generally available to its customers who have purchased the same Services. AdvisorFinder may require Customer to install or accept Updates as a condition of continued access to the Platform.
Reservation of Rights. AdvisorFinder retains all right, title, and interest in and to the Platform, Services, Documentation, and all related intellectual property, whether developed before or after the effective date of these Terms. Except for the limited license expressly granted in this section, no rights are granted to Customer by implication, estoppel, or otherwise.
Restrictions and Prohibited Uses
Customer will not (and will not allow any Authorized User or third party to):
- reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the Platform, except to the extent applicable law expressly prohibits this restriction;
- provide, sell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Platform;
- remove, alter, or obscure any proprietary notices, labels, or markings;
- copy, modify, or create derivative works of the Platform or any Content;
- attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any security or protection mechanisms in the Platform;
- release, publish, or otherwise make available to any third party the results of any performance or functional evaluation of the Platform without AdvisorFinder’s prior written approval;
- use the Platform to develop a competing service or product;
- access the Platform by automated means (including bots, spiders, or scrapers) except as expressly permitted by AdvisorFinder in writing;
- use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with other customers’ use;
- introduce malware, viruses, or any other harmful code to the Platform;
- attempt to gain unauthorized access to any component of the Platform or related systems;
- use the Platform in violation of any applicable federal, state, local, or international law or regulation; or
- frame, mirror, or use the Platform to benchmark against competitors.
Use of the Platform must comply with all Documentation and any license limits specified in the applicable Order Form.
Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security.
You must ensure that all Authorized Users who access the Platform through your Account are aware of these Terms and comply with them. You may not share login credentials among multiple individuals; each Authorized User must have a unique login.
We have the right to disable any Account, user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms.
By creating an Account, you consent to receive disclosures, notices, and messages electronically. You agree that such electronic communications satisfy any legal requirements that such communications be in writing. You must maintain a valid email address associated with your Account.
Fees and Payment
Fees. Customer will pay AdvisorFinder the Fees specified in the applicable Order Form. Unless the Order Form specifies otherwise, all Fees are in U.S. Dollars and are exclusive of taxes. Except as expressly provided in these Terms, Fees are non-refundable.
Payment. Customer will pay AdvisorFinder Fees according to the payment process specified in the Order Form. For automatic payment, AdvisorFinder will charge the payment method on file according to the Order Form and Customer authorizes all such charges. AdvisorFinder will make billing history available to Customer. For invoiced payments, AdvisorFinder will send invoices according to the Order Form and payment is due within thirty (30) days of invoice date.
Taxes. Customer is responsible for all duties, taxes, and levies that apply to Fees, including sales, use, VAT, GST, or withholding, that AdvisorFinder itemizes and includes in an invoice. However, Customer is not responsible for AdvisorFinder’s income taxes.
Late Payment. Overdue amounts will bear interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less) from the date payment was due until paid in full.
Payment Disputes. If Customer has a good-faith disagreement about the Fees charged or invoiced, Customer must notify AdvisorFinder before payment is due (or within thirty (30) days of an automatic payment) and must pay all undisputed amounts on time. The parties will work together to resolve the dispute within fifteen (15) days.
Suspension for Non-Payment. If Customer has an outstanding, undisputed balance for more than thirty (30) days, AdvisorFinder may temporarily suspend Customer’s access to the Platform upon ten (10) days written notice. AdvisorFinder will reinstate access promptly upon receipt of full payment.
Feedback and Usage Data
Feedback. Customer may, but is not required to, provide suggestions, feedback, or comments about the Platform or related offerings ("Feedback"). If Customer provides Feedback, it is provided "AS IS" and AdvisorFinder may use all Feedback freely without restriction or obligation to Customer.
Usage Data. AdvisorFinder may collect and analyze Usage Data, and may freely use Usage Data to maintain, improve, enhance, and promote AdvisorFinder’s products and services without restriction or obligation. However, AdvisorFinder may only disclose Usage Data to third parties if the Usage Data is aggregated and does not identify Customer, its clients, or Authorized Users.
Customer Data Ownership. As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants AdvisorFinder a limited, non-exclusive license to use, process, and display Customer Data solely as necessary to provide the Services and as otherwise permitted under these Terms.
Intellectual Property Rights
Except for Customer Data, the Platform and all Content therein—including text, software, designs, images, look-and-feel, and selections and arrangements—are owned by AdvisorFinder or its licensors and are protected by U.S. and international intellectual property laws. AdvisorFinder reserves all rights not expressly granted in these Terms.
The AdvisorFinder name, the AdvisorFinder logo, AdvisorFinder Intelligence, and all related names, logos, product and service names, designs, and slogans are owned by AdvisorFinder or its affiliates or licensors. Customer must not use such materials without AdvisorFinder’s prior written permission, except as reasonably necessary to identify Customer’s use of the Platform in the ordinary course of business.
Third-party software, data, or services made available through the Platform are subject to their own terms and licenses. Nothing in these Terms grants Customer rights in such third-party materials. Open-source components, if any, are licensed under their respective open-source licenses.
Confidentiality
Non-Use and Non-Disclosure. Except as otherwise authorized in these Terms or as needed to fulfill its obligations or exercise its rights hereunder, each receiving party (the “Recipient”) will not (a) use the disclosing party’s (“Discloser”) Confidential Information, nor (b) disclose the Discloser’s Confidential Information to anyone else. In addition, Recipient will protect Discloser’s Confidential Information using at least the same protections Recipient uses for its own similar information, but no less than a reasonable standard of care.
Exclusions. Confidential Information does not include information that (a) Recipient knew without any obligation of confidentiality before disclosure by Discloser; (b) is or becomes publicly known and generally available through no fault of Recipient; (c) Recipient receives under no obligation of confidentiality from a third party who is authorized to make the disclosure; or (d) Recipient independently developed without use of or reference to Discloser’s Confidential Information.
Required Disclosures. Recipient may disclose Discloser’s Confidential Information to the extent required by applicable law if, unless prohibited by law, Recipient provides Discloser reasonable advance notice of the required disclosure and reasonably cooperates, at Discloser’s expense, with Discloser’s efforts to obtain confidential treatment for the Confidential Information.
Permitted Disclosures. Recipient may disclose Discloser’s Confidential Information to employees, advisors, contractors, and representatives who each have a need to know the Confidential Information, but only if the person or entity is bound by confidentiality obligations at least as protective as those in this section and Recipient remains responsible for everyone’s compliance.
Return or Destruction. Upon termination or expiration of these Terms, each Recipient will return to the Discloser or, at the Discloser’s option, destroy all Confidential Information in its possession or control and certify in writing to the Discloser, within ten (10) days, that all such Confidential Information has been returned or destroyed. However, Recipient may retain Confidential Information in accordance with its standard backup or record retention policies maintained in the ordinary course of business or as required by applicable law, in which case the confidentiality obligations of this section will continue to apply to retained Confidential Information.
Term and Termination
Subscription Period and Renewal. These Terms are effective as of the date Customer first accesses the Platform or executes an Order Form, whichever is earlier, and continue through the Subscription Period specified in the applicable Order Form. The Subscription Period will automatically renew for additional periods of the same length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Period.
Termination for Cause. Either party may terminate these Terms or an Order Form immediately: (a) if the other party fails to cure a material breach following thirty (30) days written notice; or (b) upon notice if the other party (i) materially breaches in a manner that cannot be cured, (ii) dissolves or stops conducting business without a successor, (iii) makes an assignment for the benefit of creditors, or (iv) becomes the debtor in insolvency, receivership, or bankruptcy proceedings that continue for more than sixty (60) days.
Effect of Termination. Upon any expiration or termination: (a) Customer will no longer have any right to access or use the Platform and will cease all use; (b) each party will return or destroy the other party’s Confidential Information as provided in the Confidentiality section; and (c) AdvisorFinder will submit a final invoice for all outstanding Fees accrued before termination, and Customer will pay the invoice according to the Fees and Payment section.
Survival. The following sections will survive expiration or termination of these Terms: Important Notices, Feedback and Usage Data, Intellectual Property Rights, Restrictions and Prohibited Uses, Confidentiality, Fees and Payment (for amounts accrued or payable before termination), Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration and Class Action Waiver, Governing Law and Jurisdiction, and any other provisions that by their nature should survive.
Representations and Warranties
Mutual Representations. Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into these Terms; (b) it is duly organized, validly existing, and in good standing under the laws of its jurisdiction; and (c) it will comply with all applicable laws in performing its obligations or exercising its rights under these Terms.
Provider Warranty. AdvisorFinder warrants that, for a period of thirty (30) days from initial delivery of the Platform (the “Warranty Period”), the Platform will substantially conform in all material respects to the specifications set forth in the Documentation when used in accordance with these Terms.
Warranty Exclusions. The warranty in this section does not apply to, nor will AdvisorFinder be responsible for, any issues arising from: (a) modifications to the Platform not authorized by AdvisorFinder; (b) use of the Platform other than as permitted by these Terms or the Documentation; (c) Customer’s failure to install or accept Updates within a reasonable time; or (d) material breach of these Terms by Customer.
Warranty Remedy. If AdvisorFinder breaches the warranty above, AdvisorFinder will, at its option: (a) repair or replace the defective component of the Platform; (b) amend, supplement, or replace any inaccurate Documentation; or (c) replace the Platform with a functionally equivalent alternative. This describes Customer’s exclusive remedy and AdvisorFinder’s entire liability for a breach of the warranty in this section.
Disclaimer of Warranties
ADVISORFINDER MAKES NO GUARANTEES THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT IT WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE WARRANTIES IN THE REPRESENTATIONS AND WARRANTIES SECTION DO NOT APPLY TO ANY MISUSE OR UNAUTHORIZED MODIFICATION OF THE PLATFORM, NOR TO ANY PRODUCT OR SERVICE PROVIDED BY ANYONE OTHER THAN ADVISORFINDER.
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, ADVISORFINDER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE PLATFORM PROVIDES DATA, ANALYTICS, AND INSIGHTS DERIVED FROM THIRD-PARTY AND PUBLICLY AVAILABLE SOURCES. ADVISORFINDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY DATA, ANALYTICS, OR INSIGHTS PROVIDED THROUGH THE PLATFORM. CUSTOMER ACKNOWLEDGES THAT BUSINESS DECISIONS BASED ON PLATFORM DATA ARE MADE AT CUSTOMER’S OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
SUBJECT TO THE FOREGOING, EACH PARTY’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED 1.0 TIMES THE FEES PAID OR PAYABLE BY CUSTOMER TO ADVISORFINDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS AND WAIVERS IN THIS SECTION APPLY TO ALL LIABILITY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, OR OTHERWISE. THESE LIMITATIONS DO NOT APPLY TO: (A) EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (B) CUSTOMER’S BREACH OF THE LICENSE OR RESTRICTIONS SECTIONS; (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS; OR (D) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT.
Indemnification
By AdvisorFinder. AdvisorFinder will indemnify, defend, and hold harmless Customer from and against any third-party claim that the Platform, when used by Customer according to these Terms, infringes or misappropriates any intellectual property or other proprietary rights, and all out-of-pocket damages, awards, settlements, costs, and expenses (including reasonable attorneys’ fees) arising therefrom.
By Customer. Customer will indemnify, defend, and hold harmless AdvisorFinder from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer’s breach of these Terms; (b) Customer Data; (c) Customer’s violation of applicable law; or (d) Customer’s interactions with third parties in connection with the Services.
Procedure. The indemnifying party’s obligations are contingent upon the protected party: (a) promptly notifying the indemnifying party of each claim; (b) providing reasonable assistance at the indemnifying party’s expense; and (c) giving the indemnifying party sole control over the defense and settlement. The indemnifying party may not agree to any settlement that contains an admission of fault or otherwise materially and adversely impacts the protected party without the protected party’s prior written consent.
IP Remedies. If required by settlement or court order, or if deemed reasonably necessary in response to an IP infringement claim, AdvisorFinder may: (a) obtain the right for Customer to continue using the Platform; (b) replace or modify the affected component without materially reducing functionality; or (c) if neither (a) nor (b) are reasonable, terminate the affected Order Form and issue a pro-rated refund of prepaid Fees for the remainder of the Subscription Period.
Exclusions. AdvisorFinder’s indemnification obligations do not apply to claims resulting from: (i) modifications not authorized by AdvisorFinder; (ii) unauthorized use of the Platform; (iii) use of the Platform in combination with items not provided by AdvisorFinder; or (iv) use of an old version of the Platform where an Update would have avoided the claim.
Business Model Disclosure
AdvisorFinder LLC operates AdvisorFinder Intelligence as a subscription-based software-as-a-service product. AdvisorFinder Intelligence is a separate product from the AdvisorFinder advisor search platform (AdvisorFinder.com).
AdvisorFinder Intelligence does not provide investment advice, does not recommend financial advisors, and does not act as an investment adviser, broker-dealer, placement agent, or solicitor for securities transactions. The Platform is a business intelligence tool that provides data analytics and competitive insights for wealth management firms.
AdvisorFinder does not guarantee the accuracy or completeness of any data, analytics, rankings, metrics, or insights provided through the Platform. All data is derived from third-party and publicly available sources, and AdvisorFinder disclaims all liability for any errors, omissions, or inaccuracies in such data. Customer is solely responsible for verifying the accuracy of any data before relying on it for business decisions.
Information About You and Your Use of the Platform
All information we collect through the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
State Privacy Law Compliance. AdvisorFinder complies with applicable state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), and Utah Consumer Privacy Act (UCPA). To the extent applicable to your use of the Platform, you may exercise your data subject rights by contacting us at support@advisorfinder.com.
Third-Party Content and Links
The Platform may contain links to or integrations with third-party platforms, data sources, tools, or services. AdvisorFinder is not responsible for the content, functionality, accuracy, or practices of third-party platforms. Your interactions with third-party platforms are governed by their respective terms and policies.
AdvisorFinder disclaims liability for any issues arising from third-party platforms, integrations, data sources, or their terms of service. If you access third-party services through the Platform, you do so at your own risk.
Geographic Restrictions
AdvisorFinder is based in the Commonwealth of Virginia in the United States. The Platform is provided for use only by persons and entities located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS.
Agreement to Arbitrate. You and AdvisorFinder agree that any dispute, claim, or controversy between you and AdvisorFinder arising out of or relating to these Terms, the Platform, or the Services (collectively, “Disputes”) will be resolved through binding individual arbitration, except as provided below.
Arbitration Rules and Location. The Party initiating arbitration may use the American Arbitration Association (“AAA”), JAMS, the McCammon Group, or other firms providing arbitrators for resolution of disputes, or the parties may agree on the selection of a person to arbitrate the matter who is not associated with an arbitration firm. The arbitration will be conducted by a single arbitrator in Virginia Beach, Virginia or its environs. The arbitration should be conducted in a manner that facilitates an efficient and cost-effective means of resolving the dispute.
Discovery. The arbitrator may allow for depositions and document requests, as well as subpoenas to third parties, but other forms of discovery, such as interrogatories and requests for admissions, are not permitted, absent good cause.
Arbitrator’s Authority. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Attorneys’ Fees. The party against whom the arbitrator renders an award shall pay the other party’s reasonable attorneys’ fees and other reasonable costs and expenses in connection with the enforcement of its rights under these Terms (including the enforcement of any arbitration award in court), unless and to the extent the arbitrator determines that recovery of all or part of such fees and costs would be unjust.
CLASS ACTION WAIVER: YOU AND ADVISORFINDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS.
Exceptions. The following Disputes are excluded from arbitration: (i) claims for injunctive relief related to intellectual property rights or breach of confidentiality obligations; (ii) disputes that cannot be arbitrated under applicable law.
Opt-Out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing notices@advisorfinder.com with "Arbitration Opt-Out" in the subject line.
Severability. If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void, and disputes will be resolved in court as provided below.
Governing Law. The arbitrator shall apply Virginia law to the merits of any dispute or claim, without reference to rules of conflicts of law.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule.
For disputes not subject to arbitration (including if you opt out of arbitration or if the arbitration agreement is found unenforceable), any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in or nearest to the City of Virginia Beach. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, WHETHER IN ARBITRATION OR COURT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
General Terms
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and AdvisorFinder regarding the Platform, unless you have entered into a separate written Commercial Terms agreement, in which case that agreement governs and these Terms apply only as specified therein or to fill gaps. AdvisorFinder expressly rejects any terms included in Customer’s purchase order or similar document, which may only be used for accounting or administrative purposes.
Modifications; Waiver. Any waiver, modification, or change to these Terms (other than updates posted by AdvisorFinder pursuant to the Changes to the Terms and Platform section) must be in writing and signed or electronically accepted by each party. No delay on the part of any party or failure to exercise any power, right, or remedy will operate as a waiver thereof.
Severability. If any provision of these Terms is held by a court, arbitrator, or other tribunal to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible under applicable law, and the remainder of these Terms will continue in full force and effect.
Assignment. Neither party may assign any rights or obligations under these Terms without the prior written consent of the other party. However, either party may assign these Terms upon notice if the assigning party undergoes a merger, change of control, reorganization, or sale of all or substantially all its equity, business, or assets to which these Terms relate. Any attempted but non-permitted assignment is void. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Independent Contractors. The parties are independent contractors, not agents, partners, or joint venturers. Neither party is authorized to bind the other to any liability or obligation.
No Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms.
Logo Rights. AdvisorFinder may identify Customer and use Customer’s name and logo in marketing materials to identify Customer as a user of AdvisorFinder’s products and services. However, AdvisorFinder may not otherwise make any public announcements referencing Customer without Customer’s prior approval.
Force Majeure. Neither party will be liable for a delay or failure to perform its obligations under these Terms if and to the extent caused by events outside a party’s reasonable control (including natural disasters, war, pandemic, riot, act of terrorism, or public utility or internet failure), provided the affected party took reasonable measures to avoid or mitigate the impacts. Either party may terminate an affected Order Form upon notice if a force majeure event prevents the Platform from materially operating for thirty (30) or more consecutive days, in which case AdvisorFinder will provide a pro-rated refund of any prepaid Fees for the remainder of the Subscription Period.
Export Controls. Customer may not export or re-export the Platform or any related technology or materials in violation of any applicable U.S. export control or sanctions laws and regulations.
Notices. Any notice, request, or approval about these Terms must be in writing and sent to the applicable notice address. Notices will be deemed given (a) upon confirmed delivery if by email, registered or certified mail, or personal delivery; or (b) two days after mailing if by overnight commercial delivery.
English Language. These Terms may be translated for convenience. In case of any conflict between the English version and any translation, the English version controls. All communications and dispute resolution will be conducted in English.
Counterparts. These Terms and any Order Form may be executed in counterparts, including by electronic signature, each of which will be deemed an original, and all of which together will constitute one instrument.
Your Comments and Concerns
This Platform is operated by:
AdvisorFinder LLC
249 Central Park Avenue, Suite 300-103 Virginia Beach, VA 23462
All legal notices should be sent to: notices@advisorfinder.com
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@advisorfinder.com