Terms and Conditions of Use
February 11, 2010
IMPORTANT: The projections or other information generated by Boulevard R regarding the likelihood of various investment outcomes are hypothetical in nature, do not reflect actual investment results and are not guarantees of future results.
The results generated may vary with each use and over time due to the Monte Carlo simulations that are run each time any data is changed. For a description of the investments considered in the analysis, please click on the "Methodology and Assumptions" button on the next page.
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS,
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site
Terms") apply to your access to, and use of, the Web site of Boulevard
R ("Boulevard R") located at (the "Site")
and the collection of resources, data, software, tools and other services
available from Boulevard R on the Site including the Advisor-Branded
Marketing Platform ("AMP") service (collectively the "Services").
These Site Terms do not alter in any way the terms or conditions of
any other agreement you may have with Boulevard R, or its subsidiaries
or affiliates, for products, services or otherwise.
Advisor Pages. As part of the AMP service offered
to financial advisors by Boulevard R, we host and manage third party
financial advisor profile pages for financial advising firms and individual
advisors (the "Financial Advisor Pages") on the Site.
These Financial Advisor Pages are hosted and managed by Boulevard R
solely as a service provider to the financial advisors featured in such
pages, and Boulevard R does not approve, recommend, control, guarantee
or endorse such financial advisors or any product or service offered
by such financial advisors or any of the information
or content provided by such financial advisors. If you access
or use such Financial Advisor Pages, you understand and agree that any
business or other dealings with the financial advisors featured therein
are solely between you and such financial advisor and that Boulevard
R is not responsible or liable for any products or services obtained
from such financial advisors or for any content or information contained
in or obtained through the Financial Advisor Pages.
No Investment Recommendations or Professional
Advice. The information provided on this Site, including in
the Starter Roadmaps provided on the Financial Advisor Pages, is for
general informational purposes only and should not be considered an
individualized investment recommendation or personalized investment
advice. Nothing on the Site or in the Services is intended to provide
tax, legal, insurance or investment advice or should be construed as
an offer to sell, a solicitation of an offer to buy, or a recommendation
for any product or service by Boulevard R or any associated third party.
If you receive any individualized investment recommendations or investment
advice directly from any independent financial advisors, including without
limitation those for whom Boulevard R hosts a Financial Advisor Page,
that any such recommendations or advice are not being provided by, and
are not the responsibility of, Boulevard R.
of savings and investment strategies mentioned may not be suitable for
everyone, and you alone are solely responsible for determining whether
any investment, strategy or any other product or service is appropriate
or suitable for you based on your investment objectives and personal
and financial situation. You should consult an independent financial
advisor, attorney or tax professional regarding your specific investment,
legal or tax situation. The content provided is not intended to
represent results you should expect in the future, and Boulevard R cannot
and does not guarantee the accuracy, completeness or reliability of
any information provided on or through the Site.
You agree that you are solely responsible for any actions taken based on any content found on the Site or any site associated with Boulevard R and hereby release Boulevard R from any and all liability.
AMP Terms of Service.
The AMP service is offered to financial advisors and financial advising
firms in accordance with the terms and conditions set forth in the AMP
Terms of Service (the "AMP Terms").
By subscribing to the AMP service, you agree to be bound by and accept
the AMP Terms.
Modifications to Site Terms. You
acknowledge and agree that Boulevard R may modify these Site Terms and
any policies or guidelines applicable to the Site at any time by posting
the revised Site Terms on the Site and indicating at the top thereof
the date such document was last updated. These modifications will
be effective immediately upon posting. You expressly agree to
such form of notification and waive any right to receive individual
notice of such modifications. Unless stated otherwise, any new
features or enhancements to the current Services shall be subject to
this agreement in addition to any terms that may be applicable to particular
services. You are responsible for regularly reviewing these Site Terms
and any applicable changes. If you do not agree to the amended terms,
you must stop using the Site and the Services. Continued use of the Site
and the Services after any changes take effect will constitute your
acceptance of such changes.
Account Information; Security. You agree to maintain and update your account information to keep it complete and accurate and to maintain the confidentiality of your password. You are responsible for all activity occurring through use of your account and/or password, and you agree to immediately notify Boulevard R of any actual or suspected unauthorized use of your account or password. Boulevard R will not be responsible for any loss to you arising from your failure to comply with the above.
E-mail Address. We will contact you at the e-mail address you have provided. You agree to provide to a valid email address for such purposes. By providing your e-mail address, you agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.
User Conduct; User Content. The Site may include interactive areas or services ("Interactive Areas") such as discussion forums, chat rooms, message boards, note fields, online storage services, or other areas or services in which you or other users create, post or store any content, information, messages, materials, data, text, sound, photos, video, graphics, code or other items or materials on the Site ("User Content"). You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute,
encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate
any local, state, national or international law, including, without
limitation, the regulations of the U.S. Securities and Exchange Commission
or any rules of a securities exchange such as the New York Stock Exchange,
the American Stock Exchange or the NASDAQ;
c. User Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By posting any User Content,
you represent and warrant that you have the lawful right to distribute
and reproduce such User Content;
d. User Content that impersonates
any person or entity or otherwise misrepresents your affiliation with
a person or entity;
e. Unsolicited promotions, political
campaigning, advertising or solicitations;
f. Private information of any third
party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other
harmful, disruptive or destructive files; and
h. User Content that, in the sole
judgment of Boulevard R, is objectionable or which restricts or inhibits
any other person from using or enjoying the Interactive Areas or the
Site, or which may expose Boulevard R or its users to any harm or liability
of any type.
Any use of the Interactive Areas or other
portions of the Site in violation of the foregoing violates these Site
Terms and may result in, among other things, termination or suspension
of your rights to use the Interactive Areas and/or the Site.
Boulevard R takes no responsibility and
assumes no liability for any user conduct or User Content. Boulevard
R does not warrant the truth or accuracy of, User Content, nor is Boulevard
R liable for any defamation, slander, libel, omissions, falsehoods,
obscenity, pornography, profanity or inappropriate content you may encounter.
Your use of Interactive Areas is at your own risk.
You agree to release and hold harmless
Boulevard R for any damages arising out of false or inaccurate User
Content. Boulevard R may alter without prior notice to you any
User Content which in its opinion is false, inaccurate or materially
misleading on its face or otherwise. Boulevard R may remove without
prior notice to you any material from any User Content which in its
sole opinion is profane or offensive to other users of the Services.
You hereby grant Boulevard R an irrevocable, world-wide, non-exclusive,
perpetual and fully sublicensable license to use, reproduce, edit, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such User Content on and in connection with a the
Site and the Services.
You are solely liable for any User Content you post on the Site, and you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not infringe upon or violate the rights of, or cause injury to, any person or entity.
Links. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Boulevard R or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Boulevard R logo or other proprietary graphic to link to this Site without the express written permission of Boulevard R. Further, you may not use, frame or utilize framing techniques to enclose any Boulevard R trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Boulevard R's express written consent.
The Site contains links to world wide
web sites and content which is not a part of the Services. Boulevard
R provides these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement or adoption by Boulevard
R of any site or any information or company contained therein.
You agree and acknowledge that Boulevard R is not responsible for such
third party Web sites or the quality, content, nature or reliability
thereof. When you leave the Site, you should be aware that our
terms and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site.
Third Party Content. Boulevard R may display third party advertisements and may post or provide links to third-party content or websites (collectively the "Third Party Content"). Boulevard R does not endorse, adopt or have any control over any Third Party Content and can make no guarantee as to its accuracy or completeness. In addition, Boulevard R is not responsible or liable for any Third Party Content , including any content considered harmful, objectionable, inappropriate or offensive.
Third Party Products and Services.
We may from time run advertisements and promotions from, provide information
regarding, make referrals to or assist you in locating information regarding
third parties who provide products or services that may be of interest
to you ("Third Party Products and Services"). Boulevard
R does not approve, recommend, endorse or guarantee the availability
of such third parties or the Third Party Products and Services, and
we do not monitor or have any control over such Third Party Products
and Services. Therefore, we can make no guarantee as to the value,
reliability, safety, accuracy, completeness, or performance of such
Third Party Products or Services or the results obtained therefrom.
You agree that Boulevard R shall not be liable for loss or damages of
any sort incurred as the result of using any Third Party Products or
Services or from your dealings with such third parties. Your business
or other dealings with such third parties are solely between you and
such third party. You assume full responsibility and assume all risk
for your use of such Third-Party Products or Services.
Trademarks. BOULEVARD R®, the
Boulevard R logos and any other product or service name or slogan contained
in the Site are trademarks of Boulevard R and its suppliers or licensors,
and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Boulevard R or the applicable trademark
holder. You may not use any metatags or any other "hidden
text" utilizing "Boulevard R" or any other name, trademark
or product or service name of Boulevard R without our prior written
permission. In addition, the look and feel of the Site, including
all page headers, custom graphics, button icons and scripts, is the
service mark, trademark and/or trade dress of Boulevard R and may not
be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks,
product names and company names or logos mentioned in the Site are the
property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
Copyright; Limited License; Restrictions
on Use. Certain content on the Site ("Site Content"),
including text, graphics, photographs, data, software, news or information,
is protected by copyrights, trademarks, service marks, patents, and/or
other intellectual property and proprietary rights and laws. . You acknowledge
that the Site, the Services and any underlying technology used in connection
with the Site and the Services contain proprietary information and content
of Boulevard R or its licensors.
to these Site Terms, and the AMP Terms,
you are granted a limited, non-sublicensable, revocable license to access
and use the Site and the Services, provided that you may not: (a) reproduce,
publish, distribute, create derivative works of, modify, adapt, translate,
rent, sublicense, assign, loan, sell, transfer, network, publicly display
or transmit the Site or the Site Content, except as expressly permitted
on the Site; (b) commercially use or exploit any part of the Site,
the Site Content or the Services, except as expressly permitted
as part of the AMP service; (c) decompile, reverse engineer, disassemble,
or otherwise reduce the Site or the Services to human perceivable form;
(d) scrape or use any data mining, robots or similar data gathering
or extraction methods; (e) download (other than the page caching) any
portion of the Site, the Site Content or any information contained therein,
except as expressly permitted on the Site; or (f) any use of the Site
or the Site Content other than for its intended purpose. Any use
of the Site or the Site Content other than as specifically authorized
herein, without the prior written permission of Boulevard R, is strictly
prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws and applicable communications
regulations and statutes. You must abide by all copyright notices,
information, or restrictions contained in the Site. Neither the Site
Terms nor any other agreement entered into by Boulevard R limits any
of our or our affiliates' rights under trade secret, copyright, patent
or other laws.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Boulevard R has adopted a policy of terminating, in appropriate circumstances and at Boulevard R's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Boulevard R may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Procedure for Submitting Claims of
Copyright Infringement. If you believe that your work has been copied
in a way that constitutes copyright infringement please contact the
Boulevard Designated Agent as follows:
Name of Designated Agent: Matt Iverson
Full Address of Designated Agent: 314 Matheson St. Healdsburg, CA 95448
Facsimile Number of Designated Agent: (866) 897-5865
E-Mail Address of Designated Agent: firstname.lastname@example.org
Requirements for providing a valid notice
under the DMCA can be found at 17 U.S.C. §512(c)(3).
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
BOULEVARD R DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, THE SITE CONTENT, THE SERVICES, THE FINANCIAL ADVISOR PAGES, OR THE FINANCIAL ADVISORS FEATURED THEREIN, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE SITE, THE SITE CONTENT, THE SERVICES AND THE FINANCIAL ADVISOR PAGES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND BOULEVARD R DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. ANY SOFTWARE, TOOLS, CONTENT OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
BOULEVARD R DOES NOT WARRANT THAT THE SITE, THE SITE CONTENT, THE SERVICES OR THE FINANCIAL ADVISOR PAGES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE OR ERROR-FREE. BOULEVARD R ALSO MAKES NO WARRANTY THAT THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE SITE, THE SITE CONTENT, THE SERVICES, THE FINANCIAL ADVISOR PAGES OR ANY THIRD PARTY SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES OR ANY THIRD PARTY SITES OR SERVICES WILL MEET YOUR EXPECTATIONS. BOULEVARD R DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICES TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT IN NO EVENT WILL BOULEVARD R OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE SITE, THE SERVICES, THE FINANCIAL ADVISOR PAGES OR THE SITE CONTENT, OR (II) ANY GOODS OR SERVICES OF ANY FINANCIAL ADVISORS FEATURED ON OR REFERRED THROUGH THE FINANCIAL ADVISOR PAGES OR OTHERWISE ADVERTISED ON OR OFFERED OR REFERRED TO YOU THROUGH THE SERVICES; EVEN IF BOULEVARD R OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOULEVARD R, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE SERVICES, THE FINANCIAL PLANNER PAGES, THE SITE CONTENT OR THE ADVISOR PRODUCTS OR SERVICES EXCEED THE FEES YOU PAY, IF ANY, TO BOULEVARD R FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES. BECAUSE SOME STATES OR APPLICABLE FEDERAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BOULEVARD R BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF BOULEVARD R ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. As a condition of your use of the Site and the Services, you agree to defend, indemnify and hold Boulevard R and its independent contractors, service providers and consultants, and their respective directors, employees and agents harmless from and against any and all claims, actions, damages. losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from or relating to your use of the Site or the Services, from any use of the Financial Advisor Pages created on your behalf or any products or services provided by you, from your conduct or violation of these Site Terms or your infringement or violation of any intellectual property or other right of a Third Party, from your User Content, or from your violation of any applicable law.
Termination; Removal of Content. You may discontinue your participation in and access to the Services at any time. Boulevard R may discontinue or modify the Boulevard R Services at any time without prior notice to you, and you accept those modifications if you continue to use the Boulevard R Services. In addition, Boulevard R may terminate, disable or suspend your account or your access to the Site or the Services for any reason, or for no reason, at any time without prior notice. Boulevard R also reserves the right, but bears no obligation, to monitor, screen, edit and remove any content, data or information, including User Content, available or stored through the Services, You are solely responsible for creating backup copies of and replacing any materials you post or store on the Site.
Applicable Law. The Site Terms are entered into in Healdsburg, California and governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions and shall inure to the benefit of Boulevard R's successors and assigns, whether by merger, consolidation, or otherwise. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for claims under the Site Terms will be the courts of the State of California for the County of Sonoma or the U.S. District Court for the Northern District of California, and you agree to submit to the jurisdiction of these courts.
Severability. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.