Terms and Service
Advice Resort’s Membership Services Agreement
This Membership Services Agreement (here in agreement) shall apply to the initial term and any future renewals. Each agreement will also automatically renew for a one-month on-going term unless either party terminates the agreement, effective as of the end of the month term by notifying the other party in writing at least 30 days prior to the end of the current term.
In witness whereof, the parties have caused this agreement, which shall become effective as of the effective date set forth above, to be executed by their respective authorized representatives.
Advice Resort’s Membership Services Agreement
Terms and Conditions of Service
Advice Resort provides services described below to Member through its website located at www.adviceresort.com and related services including new features and applications subject to the following terms of service. In having access to, receiving, and or using the services, Member agrees, without limitation or qualification, to be bound by and to comply with these terms of service in any other posted guidelines or rules required by Advice Resort.
1. Access & Use Of Advice Resort website, herein referred to as “Service”
1.1 Service Overview: Advice Resort is designed to provide financial planning tools to help in hypothetical financial planning situations. Advice Resort also provide services through Lifesite.co to help store files to allow advisors to collaborate with clients.
1.2 Scope and Limitations: Advice Resort is not an investment advisor and therefore does not provide investment advice.
Advice Resort provides financial planning concepts applied in hypothetical situations.
Members sign up and become Members in order to gain access to the Service. These financial planning concepts can then be used by Members to discuss its potential application with their clients.
Advice Resort does not give advice directly or indirectly to Member’s client and, Member’s client does not engage or seek Advice Resort for any services.
Advise Resort is limited in use and serves as a tool to help Members explore hypothetical financial planning scenarios.
Advise Resort cannot guarantee the results of any hypothetical recommendations, and Member agrees to tell their clients that they will need to consult their own personal attorney and/or CPA or accountant for legal and tax advice.
Advice Resort adheres to strict confidence with information regarding hypothetical situations that are provided by Member.
1.4 Member Account Password & Security:
Members are responsible for maintaining a confidentiality of their password and account and are fully responsible for any and all activities that occur under their password and account.
Member agrees to notify Advice Resort immediately of any unauthorized use of their password or account or any other breach of security and ensure they log out from their account at the end of each session.
Advice Resort will not be liable for any loss or damage arising from Member’s failure to comply with this section.
1.5 Modifications To Service
Advise Resort and it’s collaboration with LifeSite reserve the right to modify or discontinue either temporarily or permanently the Service with or without notice. Member agrees that Advice Resort and LifeSite will not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
2. Conditions Of Use
Unless otherwise expressly authorized herein or on the website, Member agrees not to display, distribute, duplicate, copy, create derivatives work from, exploit, license, modify, perform, publish, reproduce, sell, resale, transfer or upload for any commercial purposes, any portion of the website or use of the website or access to the website or Service. The Service is for paying Members’ professional use only.
3. Intellectual Property Rights
Member acknowledges and agrees that the Advice Resort Service may contain content or features that are protected by Copyright, Patent, Trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Advice Resort, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Advice Resort content in whole or in part.
In consideration of Member’s rights under the agreement, Member agrees to timely pay Advice Resort in U.S. dollars, the fees designated in the agreement. Member agrees to purchase the Service as indicated in the agreement for the term stated and any renewal terms. All fees and charges are non-refundable, due and payable in advance and are due and payable on the effective date of the order unless otherwise stated.
5. Indemnity and Release
Member agrees to release, indemnify and hold Advice Resort and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Member’s use of the Service including any user content Member’s connection to Advice Resort or violation of these terms of service have any rights of another.
6. Disclaimer of Warranties
Members use of Advice Resort is at Member’s sole risk. The Advice Resort Services provided is on an “as-is” and “as-available” basis. Advice Resort expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Advise Resort makes no warranty that (i) the service will meet Member’s requirements, (ii) Advice Resort Service and website will be uninterrupted, timely, secure, or are free, (iii) the results that may be obtained from the use of the Service or website will be accurate and reliable, or (iv) the quality of any products, services, information, recommendations, or other material purchase are obtained by advisor through Advice Resort will meet Member’s expectations.
7. Limitations of Liability
Member expressly understands and agrees that Advice Resort will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of Goodwill, use, data or other intangible losses even if Advice Resort has been advised the possibility of such damages, whether based on contract, torque, negligence, strict liability or otherwise, resulting from (i) of the use or the inability to use the Advice Resort service, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Advice Resort, (iii) unauthorized access to or alteration of your transmissions or data, (iv) the deletion of, Correction of, destruction of, damage to, loss of or failure to store or encrypt any user content (v) statement or conduct of any third party in the Advice Resort website or service (vi) any other matter relating to Advice Resort or service. Under any event will Advice Resort’s total liability to you for all damages, losses or causes exceed the amount you have paid Advice Resort in the last 3 months or, if greater $500.
NOTE: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. If these limitations that are set forth above may not apply to you or if you are dissatisfied with the portion or service or terms of Service, the remedy is to discontinue use of Advice Resort.
Advice Resort and members waive their right to seek remedies in court, including any right to a jury trial. At Advice Resort’s or Member’s selection, all disputes, claims, or controversies arising out of or relating to the terms of service or the service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor.
Unless otherwise agreed by the parties, arbitration will be held in Orange County, California before a single arbitrator who will be mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the terms of service. The arbitration must commence within 45 days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within 60 days of the conclusion of the arbitration or within six months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in terms of Service and arbitrator may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her decision, assess costs and expenses including the reasonable legal fees and expenses of the prevailing party against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorney’s fees, incurred by the other party and enforcing the award. Notwithstanding the foregoing in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any Court of competent jurisdiction.