Last Updated: October 31, 2013
1. User Types
You may access and use some of the content and features on our Website just by visiting it and browsing around, without becoming a member.
However, to access some of the enhanced content and features available through our Service and Website, you are required to create a membership account on our Website with a username and password. If you register, you are referred to as a "Member". In addition, enhanced Service may be available to you if you have a paid or sponsored membership on our Website.
2. Your Account
You are required to create an account in order to take advantage of some of the offers of our Service and Website. You agree to provide true, accurate, current and complete information about yourself as prompted by our account creation forms, and you are responsible for keeping your account information up-to-date (this includes your contact information, so that we can reliably contact you). Your registration, profile and account information must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You will be asked to create a Display Name when using the communities section of the Website, which is visible by the public and should only contain information you wish to share with the public.
You are responsible for all activity occurring when our Service or Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. If you think your password or account has been used by an unauthorized person, let us know by emailing us at email@example.com, and change your password immediately. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Our Website is not intended as an archive for your financial information. It is your responsibility to keep your own copies of your information that you provide to our Website.
3. Rules of Conduct
There are a few rules of conduct that you are required to follow when you use our Service and Website:
- Do not "harvest" (or collect) information from the Website using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the site and information about the data, offerings, products, services and promotions available on the Website.
- Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website.
- Do not obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you.
- Do not "flood" the Website with requests or otherwise overburden, disrupt or harm the Website or its systems.
- Do not circumvent or reverse engineer the Website or its systems.
- Do not restrict or inhibit another user or users from using and enjoying this Website.
- If you post something to this Website, including in communities or blog comments sections, such as comments or other content, do not post anything that:
- infringes any third party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person's or entity's confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this Website, or
- contains any virus, malware, spyware or other harmful content or code.
You also must comply with all applicable laws and contractual obligations when you use our Service or Website.4. Ownership of Website Content and Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on our Website. You may use our Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes.
If you submit or post any materials or content to our Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
5. Responsibility for Public Postings
Responsibility for what is posted in public areas of our Website lies with each user — you alone are responsible for the material you post or otherwise make available in public areas of our Website and you may find material posted by other to be objectionable. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to edit or delete any material posted to our Website.
6. Electronic Communications
The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
7. Copyright Infringement Notices
We respect the intellectual property rights of others, and require that the people who use our Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
100 Cambridge Street, Suite 1600, Boston, MA 02114
Voice: (800) 999-9080
Fax: (617) 728-4670
8. Changes to Our Service and Website
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), our Service or Website or any portion thereof. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
9. Suspension or Termination of Access
10. Linking Policies
We welcome links to this Website so long as: (i) this Website opens in a new browser window which displays the full version of a page of this site (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this site), (ii) the link to this Website does not state or imply any sponsorship of your website or service by us or by this Website; and (iii) this Website is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.
12. Jurisdictional Issues
We control and operate our Service and Website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on our Website are presented solely for consumption in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Applicable Law; No Waiver; Severability
14. Disclaimer of Warranties
WE PROVIDE OUR SERVICE AND WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SERVICE OR WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SERVICE OR WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS,
- THE INFORMATION OR CALCULATIONS ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,
- THE INFORMATION YOU IMPORT INTO YOUR ACCOUNT ON THE WEBSITE, FOR EXAMPLE FROM OTHER FINANCIAL INSTITUTIONS, WILL BE ACCURATE OR AVAILABLE,
- THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- THAT INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS WEBSITE WILL BE RETREIVABLE, OR
- THAT THE WEBSITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY THIRD PARTY PROMOTIONS MADE AVAILABLE VIA OUR SERVICE OR WEBSITE.
YOU AGREE THAT USE OF OUR SERVICE AND WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION AND ADVICE PROVIDED THROUGH OUR SERVICE AND POSTED ON OUR WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION OR ADVICE AVAILABLE THROUGH OUR SERVICE OR ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED THROUGH OUR SERVICE OR ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR LOST DATA, OR FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
15. Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICE OR WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF US AND OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, FOR DIRECT DAMAGES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICE OR THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO ASA FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
16. Class Action Waiver
17. Use of Third Party Site Content
18. Copyrights, Trademarks and Other Proprietary Rights