EvaluationDomains Terms of Use

Last Updated: April 19, 2017

Welcome to the www.evaluationdomains.com website (“Site”) operated by EvaluationDomains, LLC. By visiting and using this Site you will be accepting these Terms of Use ("TOU"). This TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. EvaluationDomains reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, "EvaluationDomains" and "we" refer to EvaluationDomains, LLC, and "User" or "you" refer to each visitor to this Site.

If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

Sites and Services

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and EvaluationDomains shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by EvaluationDomains to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services,without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. EvaluationDomains assumes no responsibility for any failure to access the Site or any Services, partially or fully, whethe due to the User's system, the Internet network or any other cause.

Minors

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.

No Individual Investment Advice

This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

Message Web Site Content Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provide by third parties and EvaluationDomains shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of EvaluationDomains or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and EvaluationDomains shall have no obligation to notify you of any corrections or changes to any Site content.

License to Use Site Content

We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.

Please note that, if you purchase any Courses (as defined herein) through the EvaluationDomains Academy that purchase is subject to specific license rights provided for in the EvaluationDomains Academy section of this TOU (below).

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of EvaluationDomains which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and EvaluationDomains shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Content Posted by Users

To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the AI Service (e.g. questions) or through the EvaluationDomains Academy Service (e.g., quizzes, homework, projects, etc.) (“User Content”) you will be (a) granting EvaluationDomains a fully transferable, sub-licenseable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed); perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by EvaluationDomains on its Site, and accessed by Users, for the purposes and on the terms in these TOU, (c) agreeing to indemnify and hold harmless EvaluationDomains and its Users from any claim or demand made by any third party due to or arising out of your User Content, and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person. EvaluationDomains shall have the right to use your name in connection with your posted User Content. EvaluationDomains reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these Terms and Conditions.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and are not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

Account Creation

General. Some of the Services offered by EvaluationDomains require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your log in information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.

Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.

Advisor Insights – for Users

EvaluationDomains may offer certain services, including, for example, EvaluationDomains’s Advisor Insights service (the “AI Service”), which allow users to engage in one or another manner with a network of third party experts and advisors (including by submitting proposed questions to be posed to financial, legal, or accounting or tax professionals). Your use of and reliance on such services, if any, is entirely at your own risk, and you are solely responsible for complying with this TOU at all times. Your submissions (including any public profile information associated with such submission) and any associated responses from our advisor network, all of which materials constitute Third Party Content under this TOU, may be displayed in publicly viewable forums. Submission of a question does not guaranty a response will be provided. Please note that we also enable you to follow individual advisors by clicking on the “follow” button on an advisor’s EvaluationDomains profile page and providing your email address. If you choose to follow any advisor, you agree to receive weekly recaps of the advisors content via a newsletter. You may unsubscribe from receiving an advisor newsletter at any time by pressing the opt-out link in any email communication from us and/or by accessing the “Manage Subscriptions” page on our Site.] Please also see our “Communications” section below for more information on how we may communicate with you regarding the Advisor Insights and other services we offer.

IMPORTANT: No Client Relationship; No Privilege. By answering questions, advisors do not intend to form, and do not form an advisor-client, accountant-client, attorney-client, or any other direct privileged or professional relationship with any user of the Site. Please keep in mind that laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Additionally, none of the Third Party Content private or confidential, nor is it protected by attorney-client, or any other privilege, and it may be read, collected, and used by others. Search engines may index your questions, answers, and other Third Party Content to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Third Party Content on our Site that relate to the search may appear in the search results list).

PLEASE NOTE: EvaluationDomains does not provide tax, accounting, legal, investment, or financial services. The information available through EvaluationDomains’s Advisor Insights service is provided by third parties and solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, legal, accounting, or tax purposes. EvaluationDomains makes no guarantees as to the accurateness, quality, or completeness of the information and EvaluationDomains shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While EvaluationDomains may edit questions provided by users for grammar, punctuation, profanity, and question title length, EvaluationDomains is not involved in the questions and answers between advisors and users, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers via the service, and is not responsible for any claims made by any advisor. EvaluationDomains is not endorsed by or affiliated with any state bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or FINRA or any other financial regulatory authority, agency, or association.

POSTS ARE NOT CONFIDENTIAL. The Advisor Insights is a forum-based service and any information and materials you submit in connection with your profile and/or any questions you pose to any one of the advisors.)

Advisor Insights – for -Advisors

Participation in the AI Service as an advisor involves a vetting and approval process. Acceptance into the AI Service is at EvaluationDomains’s sole discretion and may be based on such factors as licenses/registrations, designations, assets under management, SEC/FINRA disclosures, applicable state bar information, state agencies in connection with tax and/or accounting licensing boards and/or agencies, and other considerations deemed relevant by EvaluationDomains. By applying to the AI Service, you are representing and warranting to the accuracy and completeness of all information provided to EvaluationDomains during and after the application process.

If accepted into the AI Service, you agree to promptly notify EvaluationDomains if any information previously provided becomes incorrect or otherwise obsolete. Participation in the AI Service requires, at a minimum, that you, as applicable: 1) for financial advisors, maintain your status as a registered financial advisor; 2) for attorneys, maintain an active registration with the applicable state bar, or any other licensing requirements for attorneys, and have not been subject to any disciplinary actions; and 3) for tax and/or accounting professionals, you maintain an IRS Preparer Tax Identification Number (PTIN), maintain your active status with any applicable state licensing agency, and in the case of a CPA, maintain your CPA license. You shall be solely responsible for ensuring ongoing compliance with all registration requirements and any obligations imposed by applicable regulators and/or your employer. Should you lose your status as a registered financial advisor, licensed attorney, or licensed tax and/or accounting professional, of if there has been any other material change to your profile or the information submitted as part of the onboarding process (including if you become subject to any legal or regulatory action, proceeding or sanctions), you agree to immediately cease participating in the AI Service, and to promptly notify EvaluationDomains so that your profile may be suspended or removed.

By applying for or participating in the AI Service, you acknowledge that the purpose of the AI Service is to be a source of general information and education for EvaluationDomains’s users at large and, accordingly, while answers you publish through the AI Service may include analysis of different options and considerations given the facts indicated by the questioners, answers should not include a recommendation that the questioner take a specific course of action. Specifically,

  • For financial advisors, your answers must not (i) recommend or promote specific securities, funds, or other investments, (ii) advertise or promote your specific qualifications, experience, or past performance, or (iii) directly solicit EvaluationDomains users as clients.
  • For attorneys, (i) you must not provide personalized legal advice, or suggest a specific course of action, to any user; (ii) you’re your answers must not advertise or promote your specific qualifications, experience, or past performance, (iii) you must not provide state, country, or other jurisdiction specific advice unless you have an active license to practice law within the applicable jurisdiction; (iv) you must not take any action that would in any way convey an attorney-client relationship between you and any EvaluationDomains user; or (v) your answers must not directly solicit EvaluationDomains users as clients.
  • For tax and accounting advisors, your answers must not (i) provide personalized tax or accounting advice to any user, (ii) advertise or promote your specific qualifications, experience, or past performance, or (iii) directly solicit EvaluationDomains users as clients.

Your participation in the AI Service is specifically to allow you to provide answers to questions posed through the AI Service. EvaluationDomains does not answer AI Service questions itself, nor does it provide tax, investment, financial, tax, accounting, or legal services. EvaluationDomains is under no obligation to review, edit or verify the usefulness, reliability, completeness or accuracy of any answers you publish through the AI Service, and EvaluationDomains expressly disclaims any and all liability in connection with your answers or other submissions through the AI Service. EvaluationDomains does, however, reserve its right to remove any answer or other content from the AI Service or the EvaluationDomains website generally, in its sole discretion, and with or without advance notice. By publishing an answer to an AI Service question, you are attesting to such answer’s veracity, completeness and accurateness, as well as having all necessary rights to publish such answer. By submitting an answer you additionally grant EvaluationDomains a worldwide, non-exclusive, irrevocable, royalty-free right and license (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify as to format or appearance but not substance, transfer and distribute such answer (with or without your associated public profile information), in any media formats and through any channels (whether now known or hereafter developed). You agree to not post the identical answer on any competing website.

In addition to participating in the AI Service by providing answers to users’ questions, you will also have the opportunity to contribute other content for inclusion on our website, including without limitation, articles. All such additional submissions are in our discretion and are subject to this TOU. By submitting any such content, you grant EvaluationDomains a worldwide, non-exclusive, irrevocable, royalty-free right and license (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify as to format or appearance but not substance, transfer and distribute such answer (with or without your associated public profile information), in any media formats and through any channels (whether now known or hereafter developed). You agree to not post the identical content on any competing website.

You agree to indemnify and hold EvaluationDomains harmless from and against any claims arising out of or related to your participation in the AI Service, including those alleging that any answer or other content you submit to or publish through the AI Service, or your participation in the AI Service, violates any law or regulation or infringes or otherwise violates any intellectual property or other proprietary right of any person or entity.

Your participation in the AI Service is solely in your discretion and nothing in this TOU, nor is your participation itself intended to or should be construed to create a partnership, agency, joint venture, or employer-employee relationship with EvaluationDomains.

Webinars

In the event that EvaluationDomains makes general education and/or continuing education webinars available to financial advisors or others (each a “Webinar” and together “Webinars”), the below applies in addition to the rest of the terms of this TOU. You understand and agree to receiving communications from EvaluationDomains and/or providers of these Webinars, including as set forth in the “Communications” section of this TOU. EvaluationDomains reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Webinars and/or services related to the Webinars, in whole or part.

  • Continuing Education. EvaluationDomains may offer CE webinars that are Certified Financial Planner Board of Standards Inc. (CFP Board) and/or Investment Management Consultants Association® (IMCA®) approved. EvaluationDomains will identify which Webinars are approved for such credit on the landing page(s) for each Webinar. You understand and agree, EvaluationDomains may be required to share information regarding your participation in and/or completion of such certified program to CFP and/or IMCA in order for you to be eligible for and/or receive CE credits.
  • General Education. EvaluationDomains may offer Webinars that are for general education and are not approved for any credit by any professional or state board or organization or by any educational institution.

For Informational Purposes Only. Each Webinar and any content or materials provided in connection with any Webinar is for informational purposes only. Information may not be applicable for each state and/or jurisdiction. EvaluationDomains cannot guarantee that any information provided in a Webinar will be accurate, complete, and/or current at all times. We make no representations or warranties regarding the quality of the Webinar content, related materials, or any instructor.

All Webinar content is owned by or licensed to EvaluationDomains and/or its licensed content providers, and all such rights are reserved. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Webinar, and/or any content or materials provided in connection with any Webinar for any commercial purpose without EvaluationDomains’s express written consent.

The appearance of any instructor in any Webinar is not and shall not be deemed an endorsement or recommendation of that instructor by EvaluationDomains and the views expressed in any Webinar are those of the instructor and not EvaluationDomains.

EvaluationDomains Academy

General. EvaluationDomains offers online information courses, workshops, classes and other educational programs relating to the world of finance to you for a fee (“Course(s)”) through its EvaluationDomains Academy services. For clarity, the EvaluationDomains Academy is included as part of the Services offered by EvaluationDomains. EvaluationDomains may also offer you the ability to engage in communication with fellow users taking the Courses. This TOU, including this section specifically on EvaluationDomains Academy, govern your purchase, use and/or access any Course. You must login to your account to sign up for a Course. EvaluationDomains uses third party services to provide the platform for the Courses as well as for payment processing and those third parties may have access to your information for the purposes of providing the Course Services. Please note that we may communicate with you as set forth in the “Communications” section of this TOU in connection with the provision of the EvaluationDomains Academy and/or other EvaluationDomains services.

Informational Purposes Only. These Courses are offered for information purposes only. Neither EvaluationDomains, nor any person providing instruction in any Course, is providing you legal, accounting, or financial advice. You are solely responsible for confirming the accuracy and appropriateness of the information for your own uses with your tax, finance, or legal advisor. EvaluationDomains’s provision of any Course or the appearance of any specific person instructing any Course is not a recommendation by EvaluationDomains of that Course, the content contained therein or the person providing instruction. We do not employ any instructors and are not responsible or liable to you for any interactions between you and any instructor or any other user of the Services. We make no representations or warranties as to the quality of any Course or instructor.

No Academic Credit. EvaluationDomains is not an accredited educational institution. Your participation in, or completion of, any Course does not confer any academic credit. Nothing in this TOU or otherwise through the Services or on our Site, enrolls you in any educational institution or in any course offered by any such institution.

Payment. Each Course is offered for certain price as listed on the Course landing page. All fees are in U.S. dollars. You represent and warrant that you are authorized to use any and all payment forms you use to purchase a Course. You agree to pay for all EvaluationDomains products and services that you purchase, and agree that we may charge your selected payment method through our third party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to our Services.

We use a secure third party payment processor for the Online Course offering. This payment processor accepts payment methods as detailed on the payment page. Information that you supply to our payment processors is not stored by us or within our control and is subject to the third-party payment processor’s privacy policy and terms and conditions. To the extent allowed for under applicable law, we disclaim all liability with regard to any problems you have with any third party payment processors.

Refunds. EvaluationDomains will provide a full refund in limited circumstances where the user has not viewed more than 50% of the applicable Course and such request for refund occurs within 30 days of the purchase date (regardless of whether or not the Course was viewed). In order to request a refund, user must contact EvaluationDomains. You can find the contact information at www.evaluationdomains.com/academy/contact/. Contacting EvaluationDomains through any other contact page, email, or number for a refund request will not be deemed notice to EvaluationDomains of such request.

Taxes. If you elect to access or use Services that involve payment of a fee, then you agree to pay that fee and all taxes associated with such access or use, including, if applicable, any sales tax EvaluationDomains believes in good faith that it is required to collect EvaluationDomains may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where EvaluationDomains believes in good faith that VAT collection is required for any Course, VAT will be calculated and added once your billing information is provided. You will indemnify and hold EvaluationDomains harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. EvaluationDomains is unable to provide you with tax advice and you should consult your own tax advisor.

Compliance with Laws. You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any Course. Further, access to our Courses from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the Courses if you reside outside the United States.

Course Ownership. We and our licensors own all right, title and interest in and to the Course(s) and related materials. We and/or third party licensors either own or have all necessary rights in and to the content contained in any Course (e.g., lectures, video lessons, quizzes, presentation materials, assignments, images, text, displays, documents, audio and/or video clips, HTML, etc.). The foregoing includes any and all copyrights, trademarks, or other proprietary rights under applicable law. Nothing contained in this TOU or in any Course conveys to you any ownership or other proprietary right except as otherwise set forth herein.

Any EvaluationDomains logos and/or trademarks that appear in any Course are our property. All other trademarks, service marks and logos used in connection with any Course, with or without attribution, are the trademarks, services, or logos of their respective owners.

Your Use of the Courses. Subject to your compliance with this TOU and any other guidelines or policies we include through the Services, EvaluationDomains grants you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to make non-commercial, personal use of the Courses you purchase. Purchase of a Course only entitles you to the view the Course, and is not a purchase of the software or content included in the Course. Except as set forth below, EvaluationDomains reserves the right to terminate your access to the Site at any time for any reason or no reason at all, with or without notice to you. Unless you have, as determined in our sole discretion, violated these Terms and Conditions, such termination will not terminate your right to view any Courses you’ve purchased. You may not transfer your account to any other person or use anyone else’s account. Except as otherwise expressly permitted in this TOU, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, creative derivative works from, transfer, distribute, or commercially exploit the Courses and/or any related materials; and EvaluationDomains reserves the right to pursue legal action against you in connection with any unauthorized use of the Course, the related materials, or your violation of this TOU, whether at law or equity.

Subject to your satisfactory completion of a Course, as determined by EvaluationDomains in its sole discretion, you may provide a certificate of accomplishment upon conclusion of the applicable Course. You acknowledge that any such certificate merely indicates completion of a Course and is not affiliated with any college, university, company, or other certifying institution, and does not stand in the place of a course taken any academic institution and does not convey academic credit or certification for any such academic institution and neither EvaluationDomains nor any instructor has any obligation to you to assist you in obtaining any such credit or certification.

Indemnification. You agree to indemnify and hold EvaluationDomains harmless from and against any claims arising out of or related to your use of the EvaluationDomains Academy Service, including for your violation of any law or regulation or that your use infringes or otherwise violates any intellectual property or other proprietary right of EvaluationDomains or any person or entity.

Modification and/or Termination of Courses. We reserve the right to at any time, modify or discontinue, temporarily or permanently any one of the Courses or the EvaluationDomains Academy in whole or part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all Courses. Nothing in this TOU shall be construed to obligate us to maintain and/or support any of the online Course services, in whole or part, during the term of this TOU or thereafter.

Incentives, Rewards and Other Promotional Offers

EvaluationDomains may offer incentives, offers, promotions, sweepstakes or contests in connection with its Services. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs (For example, but not limited to, the Financial Advisor incentives program), any such program is issued at EvaluationDomains’s sole discretion and cannot be transferred, bartered or sold or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. EvaluationDomains reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this TOU. EvaluationDomains reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.

Viruses

EvaluationDomains does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

Advertisers Are Not Endorsed

Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. EvaluationDomains does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links

As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, EvaluationDomains shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by EvaluationDomains of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Prohibited Conduct

The following activities are strictly prohibited:

  • Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
  • Postings for any unlawful or fraudulent purpose (including links);
  • Posting of personal information (for yourself or anyone else);
  • Posting materials containing viruses or other malicious or destructive code;
  • Posting materials containing viruses or other malicious or destructive code;
  • Posting of offensive content including profanity, obscenity, racist or pornographic material;
  • Engaging in any activities materials that are defamatory, violate the personal privacy rights of others, or infringe any person's rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  • Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
  • Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
  • Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
  • Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
  • Modifying the Site or Services in any manner or form , or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
  • Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of EvaluationDomains;
  • Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
  • Accessing the Site or Services by any means other than through the interface that is provided by EvaluationDomains;
  • Using the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
  • Impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;
  • Engaging in "screen scraping," "database scraping,"; and/or
  • Facilitating violations of this TOU or the Privacy Policy.

Privacy

This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this this TOU.

Communications

When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. EvaluationDomains will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of EvaluationDomains, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.

If you provide your telephone number to us when you register for an Account or use other EvaluationDomains Services on the Site. If you provide a telephone number, you expressly consent to receive autodialed or prerecorded calls and text messages from EvaluationDomains at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify Account and any use thereof; (ii) provide you with services associated with the Online Courses, Webinars, etc.; (iii) troubleshoot problems with your Account (iv) resolve disputes; (v) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We won’t share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Feedback

We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that EvaluationDomains does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.

Proprietary Rights

The EvaluationDomains Site and its content are protected by copyright, trademark and other proprietary laws. See our Copyright Notice.

Copyright Infringement Policy

Reporting Copyright Infringement. EvaluationDomains takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

You may submit your DMCA Notice to the address below:

Copyright Agent - EvaluationDomains.com
c/o IAC Publishing, LLC
Attn: Legal Department
555 12th Street, Suite 400
Oakland, CA 94607
copyrightclaim@evaluationdomains.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of users who are repeat infringers.

Subscription Services

Although EvaluationDomains offers services in many parts of the world, certain EvaluationDomains services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INVESTOPEDIA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. INVESTOPEDIA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES

IN NO EVENT WILL INVESTOPEDIA BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF INVESTOPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

EXCLUSION OF LIMITATIONS AND DISCLAIMERS

BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT ORDO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS INVESTOPEDIA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

This TOU, and any applicable TOS, constitute the entire agreement between each User and EvaluationDomains governing the User's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the New York, New York. The failure by a User or EvaluationDomains to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect. It is the express will of EvaluationDomains and each User that this TOU and any applicable TOS have been prepared in English.

EvaluationDomains, LLC
555 12th Street, Suite 400
Oakland, CA 94607