Last updated: September 1, 2020
Welcome to the website of The Advisory Group of San Francisco, LLC (“The Advisory Group” or “ASGF”). The Advisory Group is an independent investment advisory firm (as modified from time to time) dedicated to helping people (“Clients” or “you”) using a holistic approach to improve financial health and increase wealth through financial articles, blogs, videos and other content (the “AGSF Content”) provided by various writers and financial professionals (the “Contributors”). The website at https://advisorygroupsf.com/] (the “Site”), and the various related services, applications and websites (together with The Advisory Group, the Content and the Site, collectively the “AGSF Services”) are provided and operated, and are being made available to you and the other Clients, and the other users of any of the AGSF Services (collectively, “Users”) by The Advisory Group of San Francisco, LLC (“The Advisory Group”, ”AGSF”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
To access and use the Site and the other AGSF Services and to publish or access any AGSF Content, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SITE OR ANY OF THE OTHER AGSF SERVICES OR PUBLISHING OR ACCESSING ANY AGSF CONTENT, YOU REPRESENT THAT:
- YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE OR ANY OF THE OTHER AGSF SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AGSF;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF AGSF AND DO NOT INTEND TO USE THE AGSF WEBSITE OR ANY OF THE OTHER AGSF SERVICES FOR REASONS THAT ARE IN COMPETITION WITH AGSF OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER AGSF SERVICES FOR ANY REASON.
- UNAUTHORIZED USE; TERMINATION.
3.1 Restrictions on the Right to Use.
Unless otherwise expressly stated in these Terms or you receive The Advisory Group’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any AGSF Content, except as follows:
- Your computer may temporarily store copies of such AGSF Content in RAM incidental to your accessing and viewing it.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of AGSF Content for your own personal, non-commercial use, provided that you do not delete or alter any of copyright, trademark or other proprietary rights notices from copies of such AGSF Content, and you do not further use, reproduce, publicize or distribute any AGSF Content.
- You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, promotion or endorsement on our part, unless you first obtain our express written consent.
The Advisory Group may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website.
We may disable all or any social media features and any links at any time without notice in our discretion.
Without limitation, you shall not:
- Modify copies of AGSF Content.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any of copyright, trademark or other proprietary rights notices from copies of AGSF Content.
If you wish to make any use of any AGSF Content other than as set forth in these Terms, please submit your request to: email@example.com
If you violate any of these restrictions, The Advisory Group may immediately terminate your right to use and access the Site, the AGSF Content and any of the AGSF Services. Any use of the Site, the AGSF Content and any of the AGSF Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You agree that The Advisory Group in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Site or any of the other AGSF Services or any account (or any part thereof) that you may have with The Advisory Group and remove and discard all or any part of your account, user profile, at any time. The Advisory Group may also in its sole discretion and at any time prohibit you from accessing and using the Site or discontinue providing access to the Site or any of the other AGSF Services, or any part thereof, with or without notice. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that The Advisory Group may have at law or in equity. As provided herein, AGSF does not permit copyright infringing activities on the Site or any of the other AGSF Services, and The Advisory Group shall be permitted to terminate access to Site or any of the other AGSF Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD THE ADVISORY GROUP HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ADVISORY GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ADVISORY GROUP OR LAW ENFORCEMENT AUTHORITIES.
- MODIFICATION OF TERMS.
The Advisory Group reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or any of the other AGSF Services. If The Advisory Group updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Site or any of the other AGSF Services after the posting of changes constitutes your binding acceptance of such changes. The Advisory Group may provide notice through a pop-up or banner within any of the AGSF Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, The Advisory Group may require you to provide consent by accepting the changed Terms. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL AGSF SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
- COPYRIGHT INFRINGEMENT.
AGSF requires all of our Contributors to comply with U.S. copyright and related laws. Accordingly, all Contributors and other Users (including you) may not disseminate any material or content using the Site or the other AGSF Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Site and the other AGSF Services if any such Contributor or other User is either found to infringe third-party copyright or other intellectual property rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
- CONTENT DISCLAIMER
You understand that when using the Site or any of the other AGSF Services, you may be exposed to AGSF Content or other materials from a variety of sources, and that AGSF is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such AGSF Content. You further understand and acknowledge that you may be exposed to AGSF Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Advisory Group with respect thereto. The Advisory Group does not endorse any AGSF Content or any opinion, recommendation or advice expressed therein, and The Advisory Group expressly disclaims any and all liability in connection with such AGSF Content. If notified by a User or a content owner of any AGSF Content that allegedly does not conform to these Terms, The Advisory Group may investigate the allegation and determine what recourse (if any) it might have. For clarity, The Advisory Group does not permit copyright infringing activities on or through any of the AGSF Services.
- THIRD-PARTY SITES.
The Advisory Group may include links, directory listings or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These links, directory listings or references may include affiliate marketing, sponsored posts, the websites referenced or owned by our Contributors, other unaffiliated websites that we think may be of interest to our Users and billing and payment services. AGSF does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the AGSF Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
- OWNERSHIP; PROPRIETARY RIGHTS.
The Site and the other AGSF Services are owned and operated by the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the AGSF Services provided by The Advisory Group (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names are proprietary to The Advisory Group or its affiliates and/or Contributors or third-party licensors. Except as expressly authorized by The Advisory Group, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Advisory Group reserves all rights not expressly granted in these Terms.
You agree to indemnify, defend, and hold The Advisory Group, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the AGSF Content, or any of the other AGSF Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. The Advisory Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AGSF and you agree to cooperate with AGSF’s defense of these claims. The Advisory Group will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.1 “As Is” and “As Available” and “With all Faults”.
YOU EXPRESSLY AGREE THAT THE SITE, THE AGSF CONTENT, OR ANY OF THE OTHER AGSF SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR ANY OF THE OTHER AGSF SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY THE ADVISORY GROUP, THE AGSF PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE AGSF CONTENT AND THE OTHER AGSF SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10.3 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE SITE OR ANY OF THE OTHER AGSF SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- LIMITATION OF LIABILITY
11.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE ADVISORY GROUP PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, THE AGSF CONTENT, OR ANY OF THE OTHER AGSF SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH THE ADVISORY GROUP OR ANY OTHER CLIENT OR CONTRIBUTOR, EVEN IF THE ADVISORY GROUP OR A AGSF AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE ADVISORY GROUP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.2 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE ADVISORY GROUP AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE AGSF SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
11.3 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
- GEOGRAPHIC RESTRICTIONS
The Advisory Group is based in the state of California in the United States. AGSF makes no claims that accessing or using or that any of the AGSF Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Site or any of the other AGSF Services may not be legal by certain persons or in certain countries. If you access any of these AGSF Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Advisory Group with respect thereto.
The Site and the other AGSF Services are offered by The Advisory Group of San Francisco, LLC 44 Montgomery Street, Suite 2410, San Francisco, CA 94104 and email: firstname.lastname@example.org
If you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.