Legal Terms and Conditions of Use

The Association for Financial Professionals ("AFP" and "the Association") offers the Terms and Conditions ("Terms") outlined herein as guides for both AFP members and nonmembers ["User(s)"] utilizing the AFP Web site ("Site" and "the Site"). Please read all information carefully. By using this Web site, Users agree to be bound by these Terms. If Users accept these Terms, they should periodically review these Terms as AFP may revise them from time to time as may be necessary.

Copyright

The entire contents of this Site are copyrighted, unless otherwise indicated, by AFP. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written agreement of the Association or as indicated below.

Users of this Site may download/print pages or other content for their personal,  noncommercial use on a single computer.

Any information contained on Web sites linked FROM this Site are not copyrighted by the Association, but may be copyrighted by the owner(s) of such linked Web site(s). This copyright notice also binds visitors linking TO this Site from other Web sites.

Articles are not authorized for duplication or printing, except for limited personal use.

 Copyright © 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by Association for Financial Professionals (AFP).  All rights reserved.

To order professional printed or electronic reprints, visit www.AFPonline.org/pub/res/ex/reprints.html

Trademarks

The trademarked/registered AFP logo may not be used in connection with any product or service that is not AFP's or specifically endorsed by AFP. If Web pages are downloaded and/or printed, the AFP logo cannot be used for other purposes subsequent to the download(s), without express written permission from the Association.

Liability, Including Linked Sites

AFP is providing materials on this Site for informational purposes only. While it is AFP's intent to provide accurate information AFP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  AFP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL AFP  BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In providing the materials on this Site, AFP is not rendering legal, accounting, or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

Throughout this Site, hyperlinks to non-AFP Web sites are provided for all Users' convenience. Such external Web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of the Association. AFP does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such Web sites. As such, AFP assumes no liability for the currency, accuracy, or availability of any information on these Web sites. Use of any information obtained from such Web sites is voluntary, and reliance on such information should only be undertaken after an independent review by qualified experts. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by the Association.

Strategic Alliance Partnerships

The Association works in conjunction with several other entities ("Alliance Partners") to provide services and products for the Association and Users of this Site. Accordingly, these Alliance Partners may have access to some of an AFP Users' personal information. These Alliance Partners may provide routine services, such as credit card processing, or may provide essential elements of the site. For example, AFP works closely with the National Automated Clearing House Association (NACHA) to run the Electronic Commerce Conference. NACHA may need access to AFP User  information to promote the conference. Without this relationship AFP could not provide certain related services. Such uses of personal information are primary to the operation of the Site and are not considered "secondary" uses.

Privacy Principles

User privacy is extremely important to the Association. AFP adheres to the following privacy principles throughout this Site with regard to its "Users".

Principle 1. Any page on this Site will explicitly state so when it (i.e., the Web page) requires information that personally identifies Users or allows AFP to contact Users directly. Generally such information is requested when registering for "member-only or subscriber-only access" or when requesting a particular service.

Principle 2. The AFP Site and certain Alliance Partners may use such personal information to operate their respective Web sites and services and to inform AFP Users of new features, services, and products from AFP and the Alliance Partners.

Principle 3. Certain pages of the Site may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to:  (a) conform to the edicts of the law or comply with legal processes served on AFP or the Site; (b) protect and defend the rights or property of AFP, the Site or the Users of AFP, and (c) act under exigent circumstances to protect the personal safety of Users of AFP, the Site or the public at large.

Online Interaction Forums

• AFP's online interaction forums ("Forums") include but are not limited to: (1) bulletin boards (also known as threaded discussions or discussion forums), which allow users to post messages and/or comments to other posted messages; (2) chat rooms, which allow real-time online interaction between users; (3) areas of the Site used for posting and reading user comments, ratings and responses to articles and other content on the Site; and (4) “AFPedia,” which is a user-generated glossary of financial definitions on the Site.  
• AFP has no obligation to, but may, monitor the Forums. AFP reserves the right to disclose any information as necessary to satisfy any legal, regulatory or governmental request and/or requirement. AFP also reserves the right to edit, refuse to post and/or remove any information or materials, in whole or in part, that, in AFP's sole discretion, are objectionable or in violation of the Terms stated throughout this document and/or below.  
• AFP does not control the messages, information, content or files delivered via its Forums. By using the Forums, Users agree not to:

1. Restrict or inhibit any other User from using and enjoying the Forums;  
2. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising;  
3. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international laws;  
4. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material that is, or deemed to be, an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
5. Post or transmit any information, software or other material that contains a virus or other harmful component; and
6. Post or transmit any message that might violate the antitrust laws by discussing prices, where to do business, or with whom to do or not do business.

• AFP is not in any way whatsoever responsible for the appearance of any inaccurate or libelous information or for a User’s use of the information contained in AFPedia or any other Forum. AFP is not responsible should someone change, edit, modify or remove any information that a User may post on AFPedia or any other Forum.

Termination/Access Restriction
AFP reserves the right, in its sole discretion, to terminate your access to this Site at any time, without notice.

General
This Agreement is governed by the laws of the State of Maryland. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, U.S.A. in all disputes arising out of or relating to the use of this Site.  Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.   You agree that no joint venture, partnership, employment, or agency relationship exists between you and AFP as a result of this agreement or use of this Site.  AFP's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AFP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by AFP with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AFP with respect to this Site and  it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AFP with respect to this Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices
All contents of the AFP Site are: Copyright© 2005  Association for Financial Professionals, Inc., 4520 East West Highway, Suite 750, Bethesda, MD 20814.  All rights reserved.

Trademarks
Association for Financial Professionals and the AFP logo are either trademarks or registered trademarks of Association for Financial Professionals. All rights not expressly granted herein are reserved.

Discussion Lists Legal Terms and Conditions

• AFP Discussion Lists are to be used solely for the purpose of networking among list members to gain and share knowledge on issues of interest or important to financial professionals and those interested in that field. Any other use is prohibited.
• AFP has no obligation to, but may, monitor Discussion Lists. AFP reserves the right to remove any subscriber from a Discussion List who posts a message that, in AFP's sole discretion, is objectionable or in violation of the terms and conditions stated herein.
• AFP does not control the messages or information delivered via its Discussion Lists. By using the Discussion Lists, Users agree not to:

1. Post or in any way exploit any information, software or other material for commercial purposes, or which contains advertising;
2. Post any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international laws
3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material that is, or deemed to be, an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
4. Post or transmit any information, software or other material that contains a virus or other harmful component
5. Post or transmit any message that might violate the antitrust laws by discussing prices, where to do business, or with whom to do or not do business

AFP encourages subscribers to take full advantage of information provided through the lists. However, your choices – and the results thereof – are your responsibility alone. By using or viewing the Lists, you agree that AFP is not responsible for any damages (of whatever kind or nature) you may incur by participating in the lists.

AFP has the discretionary authority to discontinue or prohibit the access of any subscriber who does not comply with these terms and conditions.

You agree to use email addresses and all other information gained from AFP Discussion Lists solely in connection with the above stated Terms & Conditions, as well as the intent and purpose of the Discussion Lists stated herein.