Terms of Use

Last modified on 31 Oct, 2022

IMPORTANT - READ THE FOLLOWING CAREFULLY BEFORE using our Service. By using, accessing, or otherwise viewing our Service on any computer or device you are agreeing to these Terms.

PLEASE TAKE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER AT SECTION 37. PLEASE READ CAREFULLY

Thank you for visiting our Service. These Terms of Use (the “Terms”) govern your visit, use of our Service, and interactions with our Service. Our Service is built on a foundation of transparency and consumer empowerment. Through this foundation we have developed our Service to help consumers learn about the financial professionals they might engage to help them, thereby making the world of personal finance, and advice about professionals operating in this area, more understandable. Our commitment to understanding is not just external though. We want you to understand us, what we do, and what we do not do.
These Terms are an important part of this understanding. To help with this understanding, these Terms are structured in a unique way. First, we have divided the Terms into three general areas: Your Privileges, Our Rights, and Shared Issues, each with several explanatory sections in them.
“Your Privileges” describe the Service we are providing to you and your ability to use it. However, these sections do not just describe our promises to you. They also contain important promises that you make to us concerning how you will use your ability to use the Service.
“Our Rights” describe our ownership of the Service and our Content, and your promises that support our ownership.
Finally, “Shared Issues” describe general promises concerning the Services that you and we make to each other.
Second, each section also has a title heading to help you easily understand the content of the section. Our section headings provide a useful, short summary of the section’s text. It is important to note that these section headings as well as the descriptions of the three general areas of these Terms are for reference purposes only. They do not limit the meaning of the words of the section. If there is any inconsistency between the content of a section heading and the content, conditions, provisions, and terms contained in a section’s text provision contents, then the conditions, provisions and terms contained in the section’s text provision contents shall control.
Please do not just read the Section headings; read the Terms.
You and AIMR Analytics agree as follows:
AIMR Analytics, Inc. ("AIMR Analytics", “we”, or “us”) offers this Service (defined below) to you, the user, (“you”, “User”, or “Registered User”, as appropriate) conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here (the “Terms of Use”). AIMR Analytics reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. We will provide notice of any changes to these Terms of Use on our homepage; however, it is your responsibility to periodically check these Terms of Use for changes. If you do not agree to these Terms of Use, please delete your account and discontinue the use of any services provided by AIMR Analytics. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

1. These Terms are a Contract with AIMR Analytics; You Agree to the Terms by Using Our Service.

These Terms are the complete agreement between you and AIMR Analytics on all matters described within these Terms. Please read the Terms carefully. You agree to these Terms if you use our Service in any capacity, including but not limited to, accessing, or utilizing the Service, registering for an account, or if you sign the Terms electronically. Clicking any button or box featuring words of agreement stating you agree or confirming that you desire to open an account and become a Registered User, constitutes your electronic signature. You also sign these Terms by taking any action that evidences your intent to sign these Terms. Using our Service is an action that evidences your intent to sign and agreement to these Terms.

2. You Agree that You Have the Ability to Agree to the Terms. If You Are a User Affiliated with a Legal Entity Both You and the Entity Agree to these Terms.

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, representations, warranties, and policies set forth in these Terms. You understand that this Service is not intended for enterprise or commercial use. If you use this Service using credentials or devices belonging to a business entity or other organization, (i) you represent that you have the authority to enter into these Terms and make this agreement on behalf of that entity or organization, and (ii) you agree that the terms “you” and “your” in these Terms refers to the individual user, and to the entity or organization the individual is affiliated with.

3. Definitions.

  1. “Advisor” means a financial professional whose identity is described in the Content and regarding whom an Advisor Record appears in the database(s) contained within out Content.
  2. “Advisor Record” means information that identifies an Advisor and/or describes such Advisor’s experience, background, license status, skill, legal complaints, or other information of or concerning an Advisor.
  3. “Content” means all information and materials available to a User through the Service.
  4. “Registered User” means a User who creates, manages, or operates an account on the Service.
  5. “Service” means all AdvisorCheck services (excluding AdvisorCheck+) provided by AIMR Analytics including all information, software, products, and services available from through our websites, mobile applications, desktop applications, or offered as part of or in conjunction with the same.
  6. “Third Party” means individuals, professionals, companies, organizations, and all other entities that are conducting business with AIMR Analytics or that have established partnerships with AIMR Analytics to provide services to or participate in cross promotional marketing and services with AIMR Analytics, including but not limited to Advisors.
  7. “User” means any end user of the Service, and includes any visitor or person browsing or making any use of the Service in any capacity, and any Registered User.
  8. “User Data” means all data collected from or provided by an account or User or Registered User and includes registration information (including, but not limited to, the Internet protocol (IP) address used by a User at the time of registration, name, and other contact information), profile data, answers to AIMR Analytics profile questions, all other information provided by a User, and statistical information and analytics relating to usage and interactions within the Service.

4. Do NOT Use Our Service for Commercial Purposes.

You acknowledge and agree that our Service is not intended for use by business entities, government organizations, non-profit organizations, or other associations or entities, is not intended for any commercial or enterprise use, and a Registered User must be a single, individual person; each person using our Service must have their own username and password.

Your Privileges

5. Our Service is an Online Directory; However, It Has Limited Search Capability

The Service is an online directory promoting the protection and empowerment of investors. The purpose of this directory, and sole permitted use of the information contained within it, is to provide access to Advisor Records concerning the backgrounds and experience of Advisors and to Content, including Advisor Records, as well as information about financial advisors, brokers, financial professionals, and personal finance generally. Within the Service, Users can review Advisor Records. Any User may browse Advisor related Content. A User initiates a review of Advisor Records through either (i) a User initiated search of a specific Advisor name resulting in a directory listing of Advisors with that name, or (ii) a User initiated search of a geographic area resulting in a directory listing of Advisors whose office(s) are within that geographic area. The Service provides Advisor related Content to the User based upon the User’s search query. We make no representation or warranty that the directory listings resulting from a User’s search will include any or all Advisors that may meet your search parameters. For example, and not in limitation, if you search for an Advisor named “John Smith” we cannot and do not promise that the search results will contain the exact “John Smith” you are search for or that the results will include all financial professionals with the name “John Smith”. All Users may see a listing of a search results, however, only Registered Users may view certain additional information concerning an Advisor Record, generally referred to as “Advisor Detail” concerning any Advisor.

6. IMPORTANT DISCLAIMER; There Are Limitations on the Accuracy and Usefulness of Content.

  1. You expressly acknowledge and agree that the Content relates to an Advisor’s past performance and that past performance is NOT indicative of future results. You understand that this applies not only to individual investments, but to investment advisors and financial professionals (whether or not Advisors) as well. Although we provide Content concerning the Advisors identified in our Service, Content is based on activities, behaviors, and events that have occurred in the past. Our Content cannot accurately predict an Advisor’s future performance or behavior.
  2. Content is only as accurate as the information we are able to source. There is no single central repository of information for which people may access to review information concerning all Advisors. Instead, AIMR Analytics reviews information from available sources, which may be multiple sources. For various reasons beyond our control, all relevant information concerning an Advisor may not have been accurately reported or accurately recorded. There may be lags between the initial occurrence of an event and the recording of it within a relevant database. These types of events may prevent an adverse event from being detected by us and reflected in our Content.
  3. Not only is our Service reliant on third party sources of information, sources we do not control, but it is also reliant on your choice of words in your search query and the information you supply us in that search.
  4. We have a limited ability to detect false identifying information. The appearance of information within our Content does not mean the information is accurate. Instead, the appearance of information in our Content means that the information truly appeared in our source of information and was provided to us.

7. Do Not Rely Solely on Content in your Decision Making.

You acknowledge and agree that the Content is but one source of information concerning an Advisor, and as described in Section 6, is not capable of being infallible. Accordingly, you agree to use your best efforts and common sense to independently confirm information presented in an Advisor Record or other Content. You agree not to take any action based in any way upon an Advisor Record or other Content unless and until you have resolved any doubt concerning the accuracy of the information provided through the Service and independently confirmed the accuracy of such information. You agree that reliance on our provision of Content is not sufficient to remove or resolve such doubt. You agree to indemnify, defend, and hold AIMR Analytics Inc. and its directors, officers, employees, contractors, shareholders, and agents harmless from any damage or loss based in whole or in part on reliance in contravention of this Section or failure to independently investigate information obtained through the Service.

8. We Obtain the Information Underlying Our Content from Sources of Information That We Do Not Control.

The Service may utilize information sourced from third parties concerning an Advisor as an aspect of the Content. These third-party sources may include, but are not limited to, governmental sources and non-governmental, private sources. Any information or content expressed or made available by third parties, including other participants on the Services, are those of the respective author(s) or distributor(s) and not of AIMR Analytics. The inclusion of such information or content does not imply endorsement of content or information by AIMR Analytics or any association with the provider of the content or information.

9. We Obtain Some Information from FINRA’s BrokerCheck.

Some information appearing in the Service has been aggregated by FINRA’s BrokerCheck service. You may access BrokerCheck here or by visiting https://brokercheck.finra.org. You may access BrokerCheck’s terms of service here or by visiting https://brokercheck.finra.org/terms. The Service uses BrokerCheck data to provide general information concerning the experience of an Advisor. We do not modify BrokerCheck data in any way. If you feel that any portion of an Advisor Record contains an error or outdated information, please contact us at support@advisorcheck.com, with the subject heading “Information Error”. If we are not the source of the error we cannot modify it, and we will direct you to contact FINRA directly to notify them. We update our BrokerCheck records regularly, generally biweekly. Therefore, any BrokerCheck information you view on our Service generally has been retrieved within two weeks of the date you are viewing it.

10. We Do Not Present Information or Search Results in a Ranked Fashion That Has Any Ordering or Sorting Based on Skill.

The ordering of results from a User search is not a ranking of any kind related to skill, ability to provide service, trustworthiness, experience, or any other criteria related to an Advisor’s ability to provide services to you or trustworthiness in providing services.

11. The Service is NOT a Referral Service.

Neither the Service nor AIMR Analytics provides any directory, listing, or search result that recommends, ranks, or otherwise encourages or directs a User to contact or consider an Advisor in any way. Our Service is not a referral service and we do not participate in any recommendation of or selection of any Advisor appearing on the Service. AIMR Analytics does NOT facilitate relationships between Advisors and Users. AIMR Analytics may provide listings of Advisors, but does not make any representation, recommendation, or endorsement that one Advisor, or several, may be more suited to a User’s needs than any other Advisor. AIMR Analytics and the Service may base a User’s search results on a User inputted name or geographic area. This may not be interpreted as AIMR Analytics making any matching or connection of User to Advisor. AIMR does not assume any duty to refer or connect a User with an Advisor in any instance. By using the Service, you represent and warrant that AIMR Analytics does not have any special relationship with you giving rise to any duty to assist you in the selection of any Advisor or to recommend any Advisor, and AIMR Analytics is not privy to any information about you that would give rise to any reason for AIMR Analytics to know of your intended reliance on AIMR Analytics or the Service for the selection of or recommendation of any Advisor. AIMR Analytics does not provide personalized recommendations of Advisors or personal advice concerning the selection of Advisors. AIMR Analytics does not have any information concerning your specific personal financial acumen and does not receive such information through your use of the Service or otherwise. You agree not to attempt to request any recommendation, referral, personal advice, or attempt to share information about your personal finance acumen. Your selection of any Advisor is your decision alone, based on your preferences and choices based on all information available to you. The Content should be but one source of information. You are not obligated to or encouraged to enter into any relationship or agreement with any Advisor listed on our Service. The directory of Advisors listed on our Service is provided to you and other members of the public free of charge. This directory is for informational purposes only. AIMR Analytics does not endorse or recommend any Advisor, nor does AIMR Analytics make any warranty as to the qualifications or competency of any Advisor.

12. Neither AIMR Analytics nor the Service Is Affiliated with any Government Agency or Department; Your Use of the Service is Voluntary. We Are Not a Member of any of the Professions Represented on the Service.

AIMR Analytics is not affiliated with any government agency in any jurisdiction. Use of our Service is NOT mandatory, and Users are free to pursue any means available to obtain information about the services various Advisors provide. AIMR Analytics is not affiliated with any Advisor and does not provide any personal financial advice. AIMR Analytics is not a practitioner, service provider, professional, or member of any of the trades or professions performing the financial advisory or broker services.

13. AIMR Analytics is NOT an Advisor; AIMR Analytics Does NOT Provide Financial Advice.

AIMR Analytics provides a platform for the viewing of Content, including, but not limited to, Advisor Records and educational and self-help related materials concerning various personal finance topics. The Content is provided for your private, individual, and non-commercial use. The Content does not constitute financial advice. We do not review any information you provide us for accuracy or sufficiency, draw financial conclusions, provide opinions about your options, or develop strategies to achieve any particular goal. Neither AIMR Analytics or the Service are an Advisor or a financial advisor of any kind. AIMR Analytics is not affiliated with any Advisor.

14. Registered User Account, Password and Security.

  1. To become a Registered User and access Registered User level features of the Service a User must open an account and must complete the registration process by providing AIMR Analytics with current, complete, and accurate information as prompted by the applicable registration form.
  2. User may be asked to choose a password and a username (“Credentials”). User is entirely responsible for maintaining the confidentiality of User’s Credentials.
  3. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify AIMR Analytics immediately of any unauthorized use of User’s account or any other breach of security. AIMR Analytics will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by AIMR Analytics or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
  4. You may not impersonate any person or entity, or otherwise mislead as to the origin of the information you share with AIMR Analytics when you register for an account. You may not use the terms AdvisorCheck, AdvisorCheck+, AIMR Analytics or any derivatives or such terms as part of your username. Except as specifically set forth in these Terms, all communications between AIMR Analytics and you will be sent and received electronically. You agree that all agreements, notices, disclosures, and other communications exchanged between you and AIMR Analytics electronically shall satisfy any legal requirements that such communications be in writing.
  5. By creating an account, you represent and warrant to AIMR Analytics that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms, and (ii) all information provided by you to us through the Service is accurate and complete.
  6. In lieu of creating an account directly with AIMR Analytics and separate Credentials for the Service, you may open and maintain an account using the account, username, and password you have established with certain third parties, e.g., Google or Facebook/Meta (a “Third Party Credential”). We may update, add, or remove support for certain third parties from time to time. You understand that if we no longer support the third party your Third-Party Credential is associated with, you will need to use a new Third-Party Credential or open an account as described in Section 11(a). By using any Third-Party Credential to access the Service, you represent and warrant that the Third-Party account such Third-Party Credential relates to is your account and you have the full right and authority to use the Third Party Credential and any other account data for this purpose. If you elect to use Third Party Credential to create a Registered User account, you understand that the third party will share your name, email address, and public profile information with AIMR Analytics for the purpose of creating a Registered User account and accessing the Service, and you hereby expressly authorize this sharing.

15. You Agree that We May Use and Disclose User Information As Described in Our Privacy Policy.

You acknowledge and agree that AIMR Analytics may access, preserve, and disclose your User Data in connection with your use of the Service as described in our Privacy Policy, which may be updated from time to time as described therein.

16. Any Relationship You Have with Any Advisor Is Solely Between You and the Advisor, and Is At Your Own Risk.

User hereby agrees that communicating with an Advisor through any means, device, or method, and selecting an Advisor to provide services or for any other purpose is at User’s sole discretion and sole risk.

17. AIMR Analytics Is Not Part of Any Relationship Between Users & Advisors. If Any Relationship Forms, It Is Solely Between You and the Advisor.

  1. AIMR Analytics is Not a Party to Relationships between User and Advisor. AIMR Analytics is not a party to the dealings between any User and any Advisor, including email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Advisor’s services. All provision of an Advisor’s services will take place outside of the Service. AIMR Analytics does not facilitate the exchange of any information between a User and an Advisor or participate in any service relationship or prospective service relationship between a User and an Advisor, in any capacity. AIMR Analytics does not introduce Advisors to Users or help Advisors find clients or service relationships. AIMR Analytics merely makes the Service available to enable Users to identify and determine the suitability of Advisors for themselves. AIMR Analytics does not direct, has no control over, makes no representations concerning, and does not guarantee the quality, safety, timeliness, or legality of Advisor’s services or User’s activities; the truth or accuracy of any statements by any Advisor or User; the qualifications, background, or identities of Users or Advisors; the ability of Advisors to deliver services; the ability of Users to pay for Advisor services; or that a User or Advisor can or will perform services or enter into a service relationship.
  2. AIMR Analytics Does Not Supervise Users or Advisors. You hereby acknowledge that neither Users nor Advisors are employees or agents of AIMR Analytics. AIMR Analytics exercises no control or supervision over these persons.
  3. No Agency. This Agreement and any registration for or use of the Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and AIMR Analytics or an Advisor and AIMR Analytics, except and solely to the extent expressly stated in the Terms.

18. AIMR Analytics will not become involved in any Disputes Between You and an Advisor.

The cancellation of, or any dispute regarding, a service relationship between an Advisor and a User shall be determined solely upon such terms as you and the Advisor have agreed. AIMR Analytics shall have no right, ability, or obligation to dictate any cancellation or other dispute resolution policy. AIMR Analytics is not involved in any service relationship or negotiations or discussions, or processes related to any prospective service relationship.

Our Rights

19. We Worked Hard to Create this Service; You Promise Not to Take Actions that Harm the Service or the Users Using the Service.

The Service is a massive undertaking both in its development and continued operation. We make the Service available for your use, as described above. You promise us that you will not use the Service in any manner or for any purpose that is not permitted by these Terms. You agree to always exercise and maintain Site Integrity and Experience Integrity. “Site Integrity” means that you will not take actions that damage or harm the Service or our rights, title, or interests in the Service. By way of example, and not in limitation, you will not:
  1. Use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or information from any service, or otherwise engage in the practice of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of Advisors, lists of Users, portions of a database or other lists or information in or from the Service.
  2. Modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any aspect of the Service or any Content therein, in whole or in part; provided, that you may use a “share” feature that AIMR Analytics may make available on the Service to share a link to such Service (i) on your social media service(s), or (ii) with e-mail recipients, so long as you do not remove or modify any attribution of AIMR Analytics as the source of the shared Content. AIMR Analytics provision of a share feature referencing a specific social media service is not an endorsement of or affiliation with any particular social media service. The social media services AIMR Analytics supports a share feature with may change from time to time without notice.
  3. Use meta tags or any other “hidden text” utilizing AIMR Analytics’ name or trademarks without the express written consent of AIMR Analytics
  4. Copy, redistribute, publish, transmit or retransmit, or commercially exploit the Service except as otherwise expressly permitted under these Terms or copyright law, or pursuant to a written agreement with AIMR Analytics. If AIMR Analytics has expressly granted permission in writing to engage in an action prohibited by this subsection (c) you shall not make any change, modification, alteration, deletion of, or addition to any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Service.
  5. Cause, permit or authorize the decompilation, modification, disassembly, or reverse engineering of any element of the Service, or create derivative works of any element of the Service.
  6. Allow unauthorized parties to view, access or use any Service.
  7. Share your Credentials with any person for any purpose other than provision of or search for personal finance advice or services for you or your family.
  8. Sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in any Services to any person or entity.
  9. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of AIMR Analytics without prior express written consent.
  10. Use, or allow the use of, any Services or Content in contravention of these Terms of Use or any federal, state, local, foreign, or other applicable laws, rules, or regulations.
  11. Upload or introduce into any Service any virus or other code or routine intended to disrupt, delete, damage, or alter the Service.
  12. Use the Service in any manner that could damage, disable, overburden, or impair the Service or any Service or interfere with any other person’s use and enjoyment of the Service.
    You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Service or any portion thereof to identify or analyze the interoperability of the Service.
    “Experience Integrity” means that you will not engage in actions that may harm, interfere with, or lessen the positive experience of the Service for other Users or Advisors. By way of example, and not as a limitation, you will not:
  13. Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicate or unsolicited messages (commercial or otherwise).
  14. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  15. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
  16. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
  17. Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  18. Upload or otherwise send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  19. Advertise or offer to sell or buy any goods or services for any business purpose.
  20. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  21. Restrict or inhibit any other User from using and enjoying the Service.
  22. Violate any code of conduct or other guidelines, which may be applicable for any aspect or function of the Service.
  23. Harvest or otherwise collect information about Users, including email addresses or any other identifying information or information related to contacting Users. You may collect information about Advisors only for the purposes and as described in these Terms.
  24. Violate any applicable laws or regulations.
  25. Create a false identity for the purpose of misleading us or others.
  26. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Advisors, Users, or other User or usage information or any portion thereof.

20. You Promise not to Take Actions that May Harm an Advisor Listed on the Service.

You will not create or maintain any database other than for your own personal, non-commercial use that includes Advisor Records or other Content. You will not use any Content to create “consumer reports” as defined in the Fair Credit Reporting Act.

21. We Are Granting You a Limited License to Use the Service. You Do NOT Own the Service or any Content on It.

Subject to your compliance with these conditions, AIMR Analytics grants to you a limited, non-transferable, non-exclusive, personal, non-commercial license to use the Service on any computer or device owned, leased, and/or controlled by you. This license is not a sale of the original Service or Content or any copies of either. All rights not expressly granted to you are reserved and retained by AIMR Analytics. Neither our Service, our Content, nor any part of either may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AIMR Analytics. You may make single copies of materials displayed on the Service for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Service.

22. The Service is for Your Personal and Noncommercial Use Only.

The Service is for your personal and noncommercial use. Commercial use is only permitted pursuant to a separate agreement with AIMR Analytics. As a condition to your continued use of the Service, you warrant to AIMR Analytics that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Further, you may not contact our Users for the purpose of enticing them to terminate their relationship with AIMR Analytics or enter a business relationship with you to AIMR Analytics’ detriment or to enter a business relationship with you regarding provision of any commercial service unless permitted pursuant to a separate agreement with AIMR Analytics.

23. You May Make Submissions & Feedback to Us. If You Choose To, We Have Full Rights to and Ownership of Any Submitted Information. We Are Not a Dispute Resolution or Professional Regulatory Agency.

You may contact us through the Service or other channels such as email or letter.
  1. From time to time, you may have an idea you wish to share with us concerning our Service, products, new products, features you’d like to see included in our Service or products, and other topics. We appreciate that you value our Service, but we do not solicit suggestions from our customers. If you choose to submit a suggestion or other material to us, you acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, recipes, or other information or ideas regarding the Service (a “Submission”) are non-confidential and shall become the sole property of AIMR Analytics. AIMR Analytics will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of any Submission, including the name you may provide them, for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You represent and warrant that (a) you own and control all of the rights to any Submission that you submit, or that you otherwise have the right to submit such Submission to AIMR Analytics; and (b) use of the Submission that you supply will not violate any rights of or cause injury to any person or entity.
  2. You may provide Submissions so long as the Submission is not illegal or in violation of any applicable laws or regulations (including, without limitation, any vehicle advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all your Submissions. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission.
  3. You understand that the Service is not a forum for the submission of grievances or legal complaints concerning any Advisor. Further, we do not provide ratings or scorings of Advisors based on User Submissions. If your Submission contains any rating or review of any Advisor, we will not post your Submission to the Service, or refer it to any governmental agency, dispute resolution service, court, or other third-party organization of any kind.
  4. AIMR Analytics takes no responsibility and assumes no liability for any Submission shared by you or any third party or any response thereto, or for any loss or damage thereto or caused thereby.

24. We May Feature Links to Other Websites. This Is Not an Endorsement.

The Service may contain hyperlinks to websites and content offered by parties other than AIMR Analytics. Such hyperlinks are provided for your reference and convenience only. AIMR Analytics does not control such other websites and is not responsible for their content; nor does AIMR Analytics’ inclusion of hyperlinks to such websites or content imply any endorsement of the material on such websites or any association with their operators. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or Advisors, are those of the respective author(s) or distributor(s) and not of AIMR Analytics. Neither AIMR Analytics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Service represents the opinions and judgments of the respective information provider, User, or other person not under contract with AIMR Analytics. AIMR Analytics neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Service by anyone other than authorized AIMR Analytics employee spokespersons while acting in their official capacities. Under no circumstances will AIMR Analytics be liable for any loss or damage caused by a User’s reliance on information obtained through Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through Service. AIMR Analytics may receive compensation from third parties for the placement of advertisements on our Service.

25. We Hold All Copyrights to the Content and the Service.

All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of AIMR Analytics and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service, including profiles, listings or descriptions of musicians, artists, and other clients or users using the Service, is the exclusive property of AIMR Analytics and protected by U.S. and international copyright laws. The Service, related documentation, and all intellectual property rights embodied within or derived from such Service are copyrighted works of authorship or proprietary materials exclusively owned by AIMR Analytics. AIMR Analytics retains ownership of all subsequent copies of the Service and all derivative works based on such Service. All other content not owned by AIMR Analytics that appears on the Service appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by AIMR Analytics.

26. We Hold All Trademark Rights to the Content and the Service.

In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of AIMR Analytics in the U.S. and other countries. AIMR Analytics’ trademarks and trade dress may not be used in connection with any product or service that is not property of AIMR Analytics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AIMR Analytics. All other trademarks not owned by AIMR Analytics that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AIMR Analytics.

27. The Service Is Not for Individuals That Are Younger Thank 13.

AIMR Analytics is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Service. Any person who provides their personal information through AIMR Analytics represents to us that they are 13 years of age or older.

28. We Expressly Disclaim All Warranties and Provide the Service AS IS.

AIMR Analytics and any third party who makes its software and/or service(s) available in conjunction with or through AIMR Analytics or the Service disclaim any responsibility for any harm resulting from your use of the Service and/or any third-party software accessed in conjunction with or through the Service.
YOU AGREE THAT USE OF AIMR ANALYTICS’ SERVICE DOES NOT GUARANTEE SUCCESS TO YOUR ENDEAVORS.
THE SERVICE AND ANY THIRD-PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH AIMR ANALYTICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. AIMR ANALYTICS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AIMR ANALYTICS AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, SUCH THIRD-PARTY SOFTWARE AND/OR SERVICES.
YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE, ALL THIRD-PARTY TECHNOLOGIES AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF AIMR ANALYTICS, SUCH THIRD-PARTY SOFTWARE AND/OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. AIMR ANALYTICS DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AIMR ANALYTICS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AIMR ANALYTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not promise or warrant that any aspect of third-party services or systems will work properly or will be continuously available as any such service or system is provided by a third party. You acknowledge sole responsibility for and assume all risk arising from interaction with any User. You agree not to hold AIMR Analytics liable for any loss or damage of any sort incurred as the result of any such dealings. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

29. If You Suffer Damages Through Your Use of the Service, Our Liability is Limited to Curing Our Mistake (if any) or Providing You a Refund of Any Fees You Actually Paid.

UNDER NO CIRCUMSTANCES SHALL AIMR ANALYTICS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF THE SERVICE OR SUCH THIRD-PARTY TECHNOLOGIES OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AIMR ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON AIMR ANALYTICS, FROM INABILITY TO USE THE SERVICE AND ALL THIRD-PARTY TECHNOLOGIES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH AIMR ANALYTICS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, ALL THIRD-PARTY TECHNOLOGIES AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Your exclusive remedy for any claim arising out of or relating to this Agreement will be for AIMR Analytics, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which AIMR Analytics is at fault, or (ii) return to you the fees you paid to us for the particular service provided that gives rise to the claim, subject to the limitations contained in these Terms. You agree that you will not allege that this remedy fails its essential purpose.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree not to hold AIMR Analytics liable for any disputes, loss of revenues, lost profits, punitive, incidental, or consequential damages arousing from the direct or indirect use or misuse of any products or services provided by AIMR Analytics or made available by AIMR Analytics from any third-party affiliates, vendors, or services providers.

30. We May Terminate Your Privileges.

AIMR Analytics reserves the right to terminate your privilege of using all or any portion of the Service for any reason or no reason. In case of such termination, you agree to immediately cease all use of AIMR Analytics, and we may immediately revoke your access to AIMR Analytics without notice. Our failure to insist upon or enforce your strict compliance with these Terms of Use or provide any notice of non-compliance will not constitute a waiver of any of our rights.

31. You Agree to Indemnify Us From Loss.

You agree to defend, hold harmless, and indemnify AIMR Analytics, our affiliates, our and their respective officers, directors, owners, employees, attorneys, agents, joint venturers, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Service, including: (a) your: (i) use of the Service; (ii) any activity related to your registration; (iii) breach of any provision of this Agreement or other terms applicable to your use of the Service; or (iv) obligations to a User or Advisor; (b) any claim, whether based in tort or contract, you may have against a User or an Advisor or that a User or an Advisor may have against you; or (c) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Use. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party, provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party. Indemnified Party shall have the right to control any defense of itself and to have the counsel of its choosing in any defense of any claim with the cost of such counsel to be paid by you.

32. Ownership.

AIMR Analytics shall have the right at any time to change or modify the Terms of Use applicable to User’s use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Service, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Service by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications, or additions.

33. Changed Terms

AIMR Analytics shall have the right at any time to change or modify the Terms of Use applicable to User’s use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Service, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Service by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications, or additions.

34. This Agreement is for the benefit of AIMR Analytics, its subsidiaries, affiliates, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

35. Titles, comments to, and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.

Shared Issues

36. General.

All Users hereby agree to our Privacy Policy. AIMR Analytics retains all rights not expressly granted herein. AIMR Analytics may freely assign these Terms. These Terms are the complete and exclusive agreement of the parties and supersede all prior communications, oral or written, between the parties relating to the Terms of Use’ subject matter. Without regard to its conflicts of laws principles, the laws of the State of New Jersey govern all matters, including torts, with respect to these Terms of Use. Further, any claim, controversy, or dispute that arises between You and AIMR Analytics must be resolved exclusively by a state or federal court located in the State of New Jersey, unless Section 37 applies. You and AIMR Analytics agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims, controversies, or disputes. Each party irrevocably and unconditionally consents to submit to the exclusive jurisdiction and venue therein of the Superior Court of Bergen County, New Jersey and of the United States of America located in the District of New Jersey, Newark Division, for any actions, suits or proceedings arising out of or relating to the Service, these Terms of Use, and the transactions contemplated hereby. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. AIMR Analytics reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. By continuing to use the Service, you are agreeing to all changes made by AIMR Analytics. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

37. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AIMR ANALYTICS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Arbitration Agreement; Claims. This Section 37 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 37(i) below, you and AIMR Analytics (together, the “Parties”) agree that any and all disputes or claims that arise between you and AIMR Analytics relating to the AIMR Analytics Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 19, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
  2. Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 37(i) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
  3. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND AIMR ANALYTICS AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 37(i) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), WHETHER IN ARBITRATION OR BEFORE OTHER COURT OR TRIBUNAL, AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS REGISTERED USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AIMR ANALYTICS AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER AIMR ANALYTICS USERS.
  4. Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at support@advisorcheck.com or by mail at AIMR Analytics, Attn: Legal, 333 Sylvan Ave, Ste 201, Englewood Cliffs, New Jersey 07632. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration as described in Section 37(e).
  5. Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    The arbitration will be held in Englewood Cliffs, NJ or such other city or county in which AIMR Analytics’ principal offices are located. If the value of the relief sought is $10,000 or less, you or AIMR Analytics may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and AIMR Analytics subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or AIMR Analytics, unless the arbitrator requires otherwise.
    The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different AIMR Analytics customers or Service Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
  6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and AIMR Analytics, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, AIMR Analytics will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, AIMR Analytics will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse AIMR Analytics for all fees associated with the arbitration paid by AIMR Analytics on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
  7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  8. Severability. If any term, clause, or provision of this Section 37 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 37 will remain valid and enforceable.
  9. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 37(i). For new AIMR Analytics users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current AIMR Analytics user and previously accepted the AIMR Analytics Terms, the Opt-Out Notice must be postmarked no later than November 30, 2022. You must mail the Opt-Out Notice to AIMR Analytics, Attn: Legal, 333 Sylvan Ave, Ste 201, Englewood Cliffs, New Jersey 07632. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the AIMR Analytics Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 36.
  10. Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against AIMR Analytics prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Service and will not be effective as to any claim that was filed in a legal proceeding against AIMR Analytics prior to the effective date of removal.

How can you contact us about this?

If you have any questions or concerns, please contact us at support@advisorcheck.com


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