AdvisorCrossing.com Terms of Service
Date last revised: 6/1/2016
Welcome to the website of AdvisorCrossing.com ("AdvisorCrossing.com Site").Your use of the AdvisorCrossing.com Site is subject to the following terms and conditions ("Agreement"). By registering, you (also referred to as “Member”) agree to the terms and conditions of the Agreement. PLEASE READ THE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. If you do not agree to be bound by this Agreement, you may not log onto the AdvisorCrossing.com Site and may not use it.
ACCEPTANCE: By registering with and using the AdvisorCrossing.com Site, you acknowledge that you have read and agree to all terms, conditions contained or referenced in this Agreement. We reserve the right, at our discretion, to update or revise this Agreement at any time. AdvisorCrossing.com also reserves the right to change the terms and conditions under which the AdvisorCrossing.com Site and its many offerings are extended to the Member. Your continued use of the AdvisorCrossing.com Site following the posting of any changes to the Agreement constitutes acceptance of those changes. Please check back often for changes as AdvisorCrossing.com will not send notification of changes. The most recent revision date will be posted above. By accessing, viewing, or utilizing the products and/or services available on or through the AdvisorCrossing.com Site, you indicate that you understand and recognize this Agreement to be the legal equivalent of a signed, written contract and equally binding.
TARGETED MEMBERS: AdvisorCrossing.com products and services are designed for the major participants in the asset management industry; including plan sponsors/pension funds, investment/asset/fund managers, hedge funds, fund-of-funds, investment consultants, financial advisors, investment banks, endowments & foundations, third-party marketing organizations and providers of services to those businesses. All data and content is targeted to the asset management community.
NATURE OF ADVISORCROSSING.COM SITE: The AdvisorCrossing.com Site is a sponsorship-based site designed to serve as an informational source on asset managers as well as various other, asset management-oriented content. Information is intended for educational and research purposes ONLY. AdvisorCrossing.com does NOT provide investment advice nor give recommendations on the suitability of an investment manager or their respective investment funds. Accordingly, AdvisorCrossing.com assumes no responsibility or liability for any investment decisions made or services rendered by any institutional money manager or vendor, or any other entity featured on the AdvisorCrossing.com Site. We do not specifically endorse any of the investment managers and/or vendors on the AdvisorCrossing.com Site. AdvisorCrossing.com recommends seeking the advisement of an independent advisor before making an investment decision. Additional due diligence may be necessary before making an investment decision and should be based on a case-by-case basis depending on the circumstances. AdvisorCrossing.com shall not be held liable for investment decisions made based on content provided through the AdvisorCrossing.com Site.
ADVISORCROSSING.COM SITE CONTENT: As stated, the content on the AdvisorCrossing.com Site is intended for informational, research and educational purposes only. The data and information collected on investment managers and their funds has been obtained from United States Federal and state filings made by investment managers, mostly pursuant to Form ADV. Additional information may be made available by members who post articles and/or links to articles. The investment managers filing such information and others posting information and links are responsible for the accuracy thereof and AdvisorCrossing.com assumes no responsibility for the accuracy of same. AdvisorCrossing.com does not independently verify or warrant data accuracy. You hereby acknowledge and agree that AdvisorCrossing.com makes no claims with regard to accuracy on the part of any of the investment managers, investment funds, AdvisorCrossing.com or the AdvisorCrossing.com Site; that there may be delays, omissions or other inaccuracies in the information contained on the AdvisorCrossing.com Site; and that such information may become unreliable because of filing delays. Any decisions made based upon information gathered herein may include incorrect information that may lead to results differing from the past. Before committing to any investment, seek the advice of an independent advisor. Past performance does not guarantee similar results in the future.
REGISTERED MEMBERS: Members of the AdvisorCrossing.com Site will consist of Plan Sponsors (i.e. corporate pensions, government pensions, foundations, endowments, hospitals, religious entities and other financial institutions), investment managers, financial advisors, consulting organizations and various other investment professionals whose business services the institutional investment industry, as well as providers of services to those firms and individuals.
REGISTRATION AND ACCESS: Each Member will be required to register with AdvisorCrossing.com prior to receiving a username and password to access the AdvisorCrossing.com Site. Once registration is verified, the Member will receive a username and password granting access to the AdvisorCrossing.com Site. By registering with AdvisorCrossing.com, the Member agrees that all information provided is accurate and complete. The Member will have the ability to maintain the registration information and change the information as necessary. However, Members shall be solely responsible for the upkeep and security of the username and password. It is possible for anyone with knowledge of the Member’s username and password to view certain portions of the AdvisorCrossing.com Site and modify information on the AdvisorCrossing.com Site. The Member hereby agrees to keep all information confidential and notify AdvisorCrossing.com if theft or any other breach of secure information occurs. AdvisorCrossing.com reserves the right to grant or deny access to the AdvisorCrossing.com Site to any Member and modify or delete a Member’s access at any time for any reason without notice or liability. AdvisorCrossing.com will not be held responsible for damages incurred due to a Member’s carelessness or noncompliance with the above statements. AdvisorCrossing.com is granting you a single user license only. You agree not to share your logon information with any other person. AdvisorCrossing.com reserves the right to monitor for violations of this provision and terminate, without refund, the account of any user who has violated the provision.
MEMBER CONDUCT: The Member hereby agrees not to use the AdvisorCrossing.com Site or services in any way that is unlawful or prohibited by these terms and conditions. Unauthorized commercial uses of the AdvisorCrossing.com Site, or the resale of AdvisorCrossing.com’s services, is expressly prohibited. The content and software on the AdvisorCrossing.com Site may only be used for the purposes intended by AdvisorCrossing.com. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the AdvisorCrossing.com Site is strictly prohibited.
LINKS: AdvisorCrossing.com may, at its sole discretion, offer links to websites of various vendors and providers of asset management-oriented services. As these websites are not maintained by AdvisorCrossing.com, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, AdvisorCrossing.com will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular vendor’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. As always, an independent advisor’s assistance should be sought before making an investment decision.
COPYRIGHT AND TRADEMARK NOTICE: You hereby acknowledge and agree that all content and materials available on the AdvisorCrossing.com Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by AdvisorCrossing.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from such materials or content, or in any manner commercially exploit any content or materials on/from the AdvisorCrossing.com Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any content or portion of the AdvisorCrossing.com Site.“AdvisorCrossing.com,” “AdvisorCrossing.com” and the AdvisorCrossing.com logo and any other logos or similar marks are trademarks and service marks of AdvisorCrossing.com. All other trademarks, service marks and logos used in the AdvisorCrossing.com Site are the trademarks, service marks or logos of their respective owners.
DISCLAIMERS: All CONTENT materials, information, software, FUNCTIONS, products, and services included in or MADE available through the AdvisorCrossing.com Site are provided "as is" and "as available" for your use. WHILE ADVISORCROSSING.COM ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON THE ADVISORCROSSING.COM SITE MAY INCLUDE INACCURACIES OR UNRELIABLE DATA. MOREOVER, ADVISORCROSSING.COM MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE ADVISORCROSSING.COM SITE OR IN THE INFORMATION, CONTENT, PRODUCTS AND SERVICES DESCRIBED IN THE ADVISORCROSSING.COM SITE AT ANY TIME, FOR ANY REASON.YOU ACKNOWLEDGE THAT YOUR USE OF THE ADVISORCROSSING.COM SITE IS SOLELY AT YOUR RISK. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ADVISORCROSSING.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE ADVISORCROSSING.COM SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE ADVISORCROSSING.COM SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TRANSMITTED THROUGH THE ADVISORCROSSING.COM SITE. FURTHER, ADVISORCROSSING.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ADVISORCROSSING.COM SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ADVISORCROSSING.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE ADVISORCROSSING.COM SITE, INCLUDING, WITHOUT LIMIATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LIMITATION OF LIABILITY: IN NO EVENT SHALL ADVISORCROSSING.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ADVISORCROSSING.COM SITE OR WITH THE DELAY OR INABILITY TO USE THE ADVISORCROSSING.COM SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE ADVISORCROSSING.COM SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE ADVISORCROSSING.COM SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISORCROSSING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF, NOTWITHSTANDING THE ABOVE, ADVISORCROSSING.COM IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE ADVISORCROSSING.COM SITE, YOU AGREE THAT YOUR SOLE REMEDY AND THE SOLE LIABILITY OF ADVISORCROSSING.COM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MEMBER TO ADVISORCROSSING.COM IN CONNECTION WITH THE SUBJECT MATTER FROM WHICH YOUR CLAIM ARISES.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless AdvisorCrossing.com and its affiliates, and any of their officers, directors, shareholders, employees, consultants, agents, licensors, licensees, information providers and suppliers, from and against any and all claims, liability, damages, costs and/or expenses, including but not limited to reasonable attorneys' fees, arising from your use or misuse of the AdvisorCrossing.com Site or any breach of any covenant, representation or warranty contained herein.
APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles thereof. You agree to submit to the sole and exclusive jurisdiction of and venue in the federal or state courts presiding in New York, New York for all actions or proceedings arising out of or related to this Agreement and waiver any jurisdictional, venue or inconvenient forum objections to such courts. AdvisorCrossing.com makes no representation that the materials on the AdvisorCrossing.com Site are appropriate or available for use in locations outside the United States, and access to them from territories where any of the contents of the AdvisorCrossing.com Site are illegal are prohibited. Those who choose to access the AdvisorCrossing.com Site from other permissible locations, do so on their own volition and are responsible for compliance with applicable local laws.
TERM AND TERMINATION: This Agreement will take effect at the time the Member subscribes to the AdvisorCrossing.com Site, thereby indicating acceptance of this Agreement and at each use thereafter the Member shall be deemed to have reaffirmed his or her acceptance of this Agreement. Subscriptions are for either six months or one year, and are non-refundable. However, you may transfer all but not less than all of the remaining term of your subscription to someone else, whose use shall be deemed acceptance of the terms and conditions of these terms of service; provided that a subscription can only be transferred once. Notwithstanding the foregoing, AdvisorCrossing.com reserves the right at any time and for any reason in its sole discretion to deny any Member access to the AdvisorCrossing.com Site and refund the prorated, unused portion of its subscription. Furthermore, these Terms of Service are subject to change by AdvisorCrossing.com.
By accepting this Agreement, the Member hereby acknowledges that he or she has read, understood and agrees to the terms and conditions contained in this Agreement.