Please read this Terms of Service document carefully before accessing or using the service. This service, located at https://www.respond.com (the "Site"), is owned and operated by Respond, Inc. (d/b/a "Respond.com") and is made available to you under these terms of service ("Terms"). By accessing or using the service, you agree that you have: read and understand this Agreement and all of its contents, intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions in this Agreement. If you do not wish to be bound by these terms and conditions, you may not access or use the service. Respond.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified Agreement.
This service is provided for general educational, informational, and research purposes only and is not an endorsement, recommendation, or guarantee of any service, product, or professional. No advice or information, whether oral or written, obtained by you from Respond.com or from the service shall create any warranty not expressly stated in the Terms of Service. The service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. You may use the Services only to the extent that you obey all laws, rules, and regulations applicable to your use of the Services. Respond.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the service and shall not be responsible or liable for any trading or investment decisions based on such information.
To be a part of the Respond network, all Advisors must have sufficient financial services experience, clean compliance records for the past five years, and charge their customers on a Fee-based or Fee-only method. Respond pre-screens all prospective Advisors to determine if they meet the aforementioned criteria. Advisors are screened at the time they are initially enrolled into our service. Advisor information, received at the time of registration, may change or expire over time. It is the Advisors' responsibility to update their profile data for additions, changes, and deletions. While Respond attempts to maintain accurate and up-to-date information, and may record changes when notified, Respond screens Advisors solely at the time an Advisor becomes a member of the Respond network the first time. Respond does not, and cannot, exhaustively monitor each Advisor, and Respond cannot guarantee that Advisor information is accurate and up-to-date. Furthermore, you acknowledge and understand that an Advisor may become part of our network and thereafter provide unethical, fraudulent, or misleading advice.
RESPOND'S SCREENING PROCESS HAS NO BEARING ON THE FUTURE ADVICE, SERVICES OR RESULTS OF AN ADVISOR. INCLUSION IN THE NETWORK OR MATCHING OF AN ADVISOR TO YOU DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, TESTIMONIAL, OR FAVORING BY RESPOND OF ANY ADVISOR, NOR DOES IT CONSTITUTE A CLAIM, WHETHER EXPLICIT OR IMPLICIT, BY RESPOND THAT AN ADVISOR'S QUALIFICATIONS, PRODUCTS, SERVICES, OPINIONS, ADVICE, OR CLAIMS ARE SUPERIOR, REPUTABLE, HONEST, ETHICAL, COMPETENT OR WILL RESULT IN EXCEPTIONAL FINANCIAL RETURNS.
Respond.com is not involved in any transactions between individuals visiting the Site ("Users") and the advisors who receive referrals as a result of information provided by Users on the Site ("Advisors"). Respond.com has no control over the quality or legality of any services provided by the Advisors to the Users or the quality or suitability of a given Advisor for a given User. You are encouraged to personally interview, obtain references and reach an independent decision about your choice of advisor. Respond.com receives a fee from advisors listed in the service. Selection of a participating professional to represent or advise you in any matter is your sole responsibility. The Site does not provide financial services or investment advice of any kind. Past performance of any Advisor is not an indication of future performance.
By submitting personal information through the Site, you grant permission for Respond to provide this information to the selected advisors. Respond will use this information to allow the selected advisors to make contact with you via phone, email and/or text message. We may also contact you directly to discuss your satisfaction with the service, but we will not provide your contact information to anyone else except if required by law.
The information and materials found on this Site are not an offer to sell or a solicitation of an offer to buy any security or investment product or service, nor shall any such security, product, or service be offered or sold to any person, in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction.
Respond.com may post the advertisements of third parties on this Site or in email communications. The acceptance by Respond.com of advertising is not intended as, and does not in any manner constitute, a recommendation, endorsement, or approval by Respond.com. Respond.com shall not be liable for any loss or damage of any sort incurred as a result of any dealings with any advertiser, as a result of the presence of such advertisers on the Site, or as a result of any dealings between you and any Investor.
You expressly absolve and release Respond.com from any claim of harm resulting from a cause beyond Respond.com's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
RESPOND.COM MAY MAKE AVAILABLE TO YOU, ON THE SITE OR OTHERWISE, CERTAIN INFORMATION, PRODUCTS AND SERVICES. WHILE RESPOND.COM ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, RESPOND.COM MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. RESPOND.COM EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH WHICHEVER OF THE ADVISORS OR USERS YOU, OR ANYONE ELSE, IS POTENTIALLY MATCHED TO AND THE MANNER/PROCESS USED IN SUCH POTENTIAL MATCHING.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE OR INFORMATION OTHERWISE PROVIDED TO YOU BY RESPOND.COM OR OBTAINED AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE SITE (THE "AVAILABLE INFORMATION"). RESPOND.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE OR THE OTHER AVAILABLE INFORMATION FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL RESPOND.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RESPOND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING, AND WITHOUT LIMITING THE FOREGOING, TOTAL LIABILITY FOR RESPOND.COM FOR ANY REASON WHATSOEVER UNDER THIS AGREEMENT AND/OR RELATED TO USE OF THE SITE SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU TO RESPOND.COM UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, AND FOR ANY PARTICULAR DISPUTE SHALL NOT, IN ANY EVENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO RESPOND.COM IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
You agree to defend, indemnify, and hold harmless Respond.com and its affiliates, all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to, arising out of, or in connection with any claim, suit, action, or other proceeding brought against Respond.com or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) your provision of services to any third party, regardless of whether or not they are Users using the Site; (b) any breach of any representation, warranty, covenant or agreement to be performed by you hereunder; and (c) any information that you have posted to the Site and/or any content on your Web Sites or otherwise given to Users; provided that Respond.com or such party provides you with written notice of such claim, suit or action and reasonable information and assistance related to defending and/or settling any such claim, suit, action or other proceeding. The provisions of this Section 24 shall survive the termination of this Agreement or your termination or suspension from the Site.
This Site is controlled and operated by Respond.com from its offices within the United States and India. Respond.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
All services on this website are intended for your personal use only and in accordance with the other terms and conditions of this agreement. You may not use any information on the site, including the names of Advisors, for recruiting, marketing, or any other purpose that violate the intended use of the services on this website. Persons or companies which violate this restriction and/or use Respond.com for any commercial purpose may be subject to legal action.
This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be performed in the Commonwealth of Virginia. You agree that any legal action or proceeding between Respond.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Virginia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Respond.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Respond.com may assign its rights and duties under this Agreement to any party at any time without notice to you.