Last Updated: September 28, 2017
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.
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 our Website.
- Do not use automated means to access our Website, or gain unauthorized access to our Website or to any account or computer system connected to the Website.
- Do not obtain, or attempt to obtain, access to areas of our Website or our systems that are not intended for access by you.
- Do not “flood” our Website with requests or otherwise overburden, disrupt or harm our Website or its systems.
- Do not circumvent or reverse engineer our Website or its systems.
- Do not restrict or inhibit another user or users from using and enjoying our Website.
- If you post something to our 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 our 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 or through our Website, including without limitation any survey feedback and comments (collectively, “User Content”), you grant us a royalty free, perpetual, irrevocable, transferrable, assignable, sublicensable, worldwide license to use such User Content, including alterations and derivative works thereof, along with your name, voice and likeness, for our business, advertising, and promotional 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 your User Content 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 others 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, including via our Website use electronic means, whether you visit our Website or send us an email, or whether we post notices on our 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/or email address;
- Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including, if possible, a link to the material);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at are covered by a single notification, a representative list of such works;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
J. Christopher Sheehan
100 Cambridge Street, Suite 1600, Boston, MA 02114
Voice: (800) 999-9080
Fax: (617) 728-4670
If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public.
If you are a user of the Website and User Content that you have uploaded has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
If you have a claim related to trademarks or intellectual property other than copyright, please contact us at firstname.lastname@example.org.
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 our 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 our Website are appropriate or available for use in other locations. If you choose to access our 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:
- OUR SERVICE OR WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- OUR 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,
- OUR 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 OUR WEBSITE WILL BE RETRIEVABLE, OR
- THAT OUR WEBSITE WILL BE UNINTERRUPTED 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 OUR WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED THROUGH OUR SERVICE OR ON OUR 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.
ANY COMMUNICATIONS SENT TO YOU VIA OUR WEBSITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF NEWSLETTERS, ELECTRONIC MAIL OR VIA TELEPHONE), AND THE CONTENT OF OUR WEBSITE (INCLUDING WITHOUT LIMITATION ANY LEGAL, FINANCIAL AND TAX INFORMATION) ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, INVESTMENT, OR TAX ADVICE AND SHOULD NOT BE RELIED UPON IN THAT REGARD. YOUR LEGAL, FINANCIAL AND TAX SITUATION MAY BE UNIQUE AND THEREFORE YOU SHOULD INDEPENDENTLY CONSULT AN ATTORNEY OR TAX ADVISOR.
15. Limitations Of Liability
IN NO EVENT WILL WE OR ANY OF OUR 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 OF ANY OF OUR 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 OUR 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 OUR 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
19. Text Messaging Service
We may make available a service through which you can receive messages on your wireless device via short message service, otherwise known as “text messages” (“Text Message Service”). If you subscribe to one of our Text Message Services, you agree to receive text messages from us via an automated dialing system at the address or phone number you provide for such purposes consistent with the terms and conditions applicable to such Text Message Service. You understand that your wireless carrier’s standard rates apply to these messages and that you may change your mind at any time by following the instructions in the terms and conditions applicable to such Text Message Service. Your opt-out will become effective upon your receipt of a text message from us confirming your opt-out. You represent that you are the owner or authorized user of the wireless device you use to sign up for the Text Message Service and that you are authorized to approve the applicable charges. To use the Text Message Service, you must be 18 years of age or older and reside in the United States.