Terms of Service

This Agreement sets forth the terms and conditions for your use of the AdvisorMax website. Your use of this site indicates your agreement to these terms and conditions.

This Agreement (the "Agreement") is between you and SourceMedia Inc. ("SM"), a corporation organized and existing under the laws of New York and with a principal place of business at 1 State Street Plaza, New York City, New York 10004.

Your Rights.
SM grants you a non-exclusive, non-transferable, limited right to access, use and display this website (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Fee-Based Service Charges.
Certain components or functionalities of this site are available only through the purchase of a site subscription ("Fee-Based Services").
(a) You agree to pay, using a valid credit card which SM accepts, annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. SM reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site.
(b) To continue your access to AdvisorMax when the free trial period expires, you must subscribe at the end of the free trial period (paragraph a in this section applies.)
(c) Auto-Renewal: SM will automatically charge your account for renewal of your annual site subscription. The renewal charge will be the same as the prior year's charge, unless otherwise notified in advance. In the event SM cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
(d) Cancellations: If you purchase an annual site subscription to access the Fee-Based Services and cancel at any time during that subscription year, SM will refund the remainder of your subscription on a pro-rata basis that will cover the unused months of your subscription (partial months will not be refunded). No refunds or credit will be granted for any other cancellation or termination for any reason.
(e) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
(f) For purposes of identification and billing, you agree to provide SM with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at SM's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
(g) You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.

Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by SM, ClientWise, and other affiliates as marked, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of SM. You agree not to use any trademarks, service marks, names, logos, or other identifiers of SM or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of SM or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of SourceMedia;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that SourceMedia sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.

2003, 2004, 2005, 2006, 2007. All rights reserved. Source Media, AdvisorMax, Financial Planning magazine, On Wall Street magazine, Financial-Planning.com, OnWallStreet.com, FP.com, OWS.com and other related marks used on this site are trademarks of SourceMedia, ClientWise, and affiliates of AdvisorMax.

Forums.
SM may make available to users of the site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). SM cannot review all communications made on or through the Site. However, SM reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which SM in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any SM policy.
Communicating with the Site.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels or defames any person or entity;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. SM and its Affiliates do not endorse or accept any Communications as its own or representative of its views.
Public Communications.
You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that
(i) you have no expectation of privacy in any Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and SM by reason of your transmitting a public Communication to any area of the Site.
By transmitting any public Communication to the Site, you grant to SM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
Unsolicited E-Mail.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by SM in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
"Opt-In" for special notices.
SM may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of SM's use of your e-mail address to send you notices pertaining to SM, its products and services, the Site, the Fee-Based Services, and related topics.
Your password.
As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that SM will have no obligations with regard thereto.
Privacy Policy.
SM's policy is to refrain from supplying Registration Data to third parties. However, SM reserves the rights to (i) use and disclose the Registration Data to generate and distribute demographic reports (including reports on usage patterns of subscribers) and marketing statistics, provided that SM will not reveal the identity of any user of the Fee-Based Services; and (ii) disclose any Registration Data or other information in its possession regarding users of the Fee-Based Services in cooperation with any law, regulation, or governmental or agency request. For more information on this, see the SourceMedia Online Privacy Policy.
Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. SM reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that SM is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither SM nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
Links to Other Sites.
The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by SM or its Affiliates of any third-party site or any materials contained therein. SM and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
Age restrictions.
You represent and warrant to SM that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
Financial responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
Indemnification.
You hereby agree to indemnify, defend and hold harmless SM and its Affiliates from and against any and all liability and costs incurred by SM or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. SM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SM.

DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SM AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY SM. SM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL SM OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR SM OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF SM, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SM AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE SM AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination.
In addition to any other rights of the parties set forth herein, either you or SM may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. SM also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If SM terminates this Agreement based on a breach of any portion of this Agreement, SM reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.

Modifications.
(a) To the Agreement. SM has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of SM in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
(b) To the Site. SM has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. SM may also impose limits on certain features and services or restrict your access to parts or all of the SM Site without notice or liability.
General.
This Agreement constitutes the entire agreement between you and SM with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and SM. Failure by SM to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of New York County, New York for any action arising out of or relating to your use of the Site or Fee-Based Services. The federal and state courts of New York County, New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Coaching Center User Agreement

The AdvisorMax Coaching Center ("the Service"), which includes any coaching session(s) purchased a la carte, is a "Fee-Based Service" as defined in the AdvisorMax User Agreement (the "Agreement"). The AdvisorMax coaching center is provided by AdvisorMax and through a partnership with ClientWise LLC. All the terms and conditions of the Agreement, including those that apply to Fee-Based Services, apply to the Service. The following ADDITIONAL TERMS AND CONDITIONS ("Additional Terms") apply to your use of the Service. Your use of the Service or orders for any purchase(s) of coaching sessions shall indicate your acceptance of the Agreement and these Additional Terms. If you do not accept the Agreement and Additional Terms, do not use the Service or order a coaching session(s).

A. Fee-Based Service Charges.

In addition to purchasing a site subscription, you are paying a per use limited licensing fee for each AdvisorMax coaching center Service order placed.

B. Rights Granted.

You must be 18 years or older to order or use the Service.
You agree to use the Service in full compliance with the Agreement and these Additional Terms.
You are authorized to use the Service personally, for sole use by yourself as stated in the description of the Service. You may not disclose, copy or share your access confirmation number with anyone outside your immediate family.
Any use not authorized by the Agreement or these Additional Terms is expressly prohibited, including, but not limited to, making copies of any materials for resale or license, making any commercial use of any information or materials, or creating any modified or derivative work of any materials or information from the coaching center.

C. Copyright and Trademarks.

If you download or print any content from the Service, you may not remove any of the trademark or copyright notices that accompany it. All coaching center content is:

Content provided by affiliates or partners that is downloaded or printed is copyrighted as marked.

Careful attention has been given to the coaching sessions accuracy and completeness. However, AdvisorMax assumes no responsibility for errors or omissions and all information and materials are subject to change without notice.

SourceMedia, ClientWise, and AdvisorMax and it's affiliates and other related marks used on the Site are trademarks and service marks of SourceMedia and ClientWise, and AdvisorMax affiliates.

D. Public Communications.

Please see the AdvisorMax Security Statement for information on our security practices.
You acknowledge that:
- any transmission of data or information over the Internet is never completely secure,
- any data or information sent to this Site or regarding the Service can be readily intercepted by third parties unless there is specific notice given that the transmission will be encrypted, and
- your ability to transmit encrypted information may depend on the type and version of your Web browser software.

E. Privacy Policy and Order Data.

Please see the AdvisorMax privacy policy for details on AdvisorMax privacy practices and on the use of any personally identifiable information regarding use of the Service or orders.
You agree to provide AdvisorMax with accurate and complete information requested for all orders you place for the Service, including coaching sessions.

F. Information Provided by AdvisorMax, its affiliates, and ClientWise

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. AdvisorMax reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service, including any coaching sessions ordered, to anyone at any time. You acknowledge and agree that neither AdvisorMax nor ClientWise is responsible for any materials posted by users of services. Neither Consumers Union nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the sites or within a Car Price Report.

G. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SOURCEMEDIA AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY SOURCEMEDIA. SOURCEMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING COACHING SESSIONS, OR THE SERVER(S) ON WHICH THE SITE AND THE SERVICE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME ALL SUCH RISKS. COACHING SESSIONS MAY NOT ALWAYS BE AVAILABLE FOR ALL TOPICS OR WITH SPECIFIC COACHES AT ANY ONE TIME, NOR MAY ORDERED COACHING SESSIONS BE AVAILABLE AT ALL TIMES FOR ONLINE REVIEW. THE MENTION OF A SPECIFIC SESSION OR SERVICE DOES NOT WARRANT OR IMPLY THAT SUCH A SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME.

H. LIMITATION OF SOURCEMEDIA, ITS AFFILIATES, SERVICE PROVIDERS AND THE SERVICE LIABILITY.

USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, PRINTING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE, OR BY FAX OR MAIL. UNDER NO CIRCUMSTANCES SHALL SOURCEMEDIA OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR SOURCEMEDIA OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, OR THE SERVICE, EVEN IF SOURCEMEDIA, THE AFFILIATES OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SOURCEMEDIA AND THE AFFILIATES HEREUNDER FOR ANY DAMAGES WHATSOEVER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SERVICE AND ANY ORDERED SERVICE. YOU HEREBY RELEASE SOURCEMEDIA AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

I. Modifications.

Your only right with respect to any dissatisfaction with any modifications to the Service or Site made by SOURCEMEDIA, or any policies or practices of SOURCEMEDIA in providing the Service, Site including, without limitation, any change in the amount or type of fees, content or services associated with the Service, is to not place any further orders.
SourceMedia has the right to modify, suspend, or discontinue the Service and any or all services or impose limits on or restrict your access to the Service, at its sole discretion and without notice or liability to you. Use of the Service or ordering any service indicates and establishes your acceptance of the Agreement and these Additional Terms. If you do not accept the Agreement and these Additional Terms, do not use the AdvisorMax site or any of its services.

Terms of Service

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