Terms of Service

Carefully read these terms and conditions of use before you use this web site. If you do not agree with the following terms and conditions of use, please exit this web site. By visiting or using this web site or any page within this web site, you are indicating that you have read, acknowledge and agree to be bound by these terms of use.

Introduction

Advisor I/O, LLC, formerly Seven Marketing Group, LLC (“Advisor I/O”), offers you access to www.advisorio.co and all pages of each respective web site (collectively, the “Web Site”) in exchange for your agreement to accept and comply with the terms, conditions, and notices stated herein which may be modified by Advisor I/O from time-to-time without notice to you. Advisor I/O refers to these terms, conditions, and notices, whether modified or unmodified, as the “Terms of Use.” Your use of certain web sites and web pages within the Web Site may be subject to additional terms that are specific to such web sites and web pages (the “Specific Terms”) as contained on such web sites and web pages. Advisor I/O operates separately from any investment management and distribution functions of its affiliates.

General Use

By creating an account for access to the Web Site, you agree that such access and your obligation to pay monthly access fees shall remain active and in effect for a minimum initial term of six (6) months following the creation of your account (the “Initial Term”), and will automatically extend at the end of the Initial Term on a month-to-month basis until such time as your account is terminated by you or Advisor I/O.

You must be at least eighteen years old to use the Web Site. By using the Web Site, you represent and warrant that you have the right, authority, and capacity to abide by the Terms of Use. You promise that you will not use the Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or Specific Terms.

You agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. Except with the prior written permission of Advisor I/O, you agree that you will not create links from any web site or web page to any page within the Web Site. Use of the Web Site is void where prohibited.

You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of Advisor I/O, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.

Ownership and Copyrights

Advisor I/O is the owner and the exclusive licensee of all the content on the Web Site, including, without limitation, certain original written content, and other written content based on or derived from such original written content, designed to serve as a communication between investment advisors and their audiences (collectively, the “Content”), which is made available to you through your use of the Web Site after paying your monthly access fee.  By using the Web Site, you agree that you desire to acquire certain license rights to use the Web Site and the Content in connection with your business activities (your “Business”).  Upon payment of the monthly access fee, Advisor I/O hereby grants you a non-exclusive non-transferable license to use, modify, excerpt, reproduce, and publish the Content solely in connection with your Business in strict compliance with the terms and conditions of the Terms of Use and Specific Terms. Your continued license to use the Web Site and the Content is strictly contingent upon your agreement to include appropriate disclosure, tagging or hyperlinks required by Advisor I/O in connection with your use or reproduction of the Content that would identify Advisor I/O as the ultimate source and owner of the original Content. This license also explicitly excludes sublicense to any third party. Notwithstanding the license granted by Advisor I/O hereunder or your use of the Content or the Web Site, Advisor I/O will at all times be and remain the sole and exclusive owner of the Content, including all original Content and all derivative works or other modifications to such original Content, in any and all respects.

Consistent with the grant of this license, you shall not identify, credit, cite, source, or otherwise use Advisor I/O’s name in connection with your use of the Web Site or the Content, except as set forth above or otherwise with Advisor I/O’s prior written consent. You may use the Web Site and the Content consistent with the grant of the license and you are solely responsible for verifying that (a) the information contained in the Web Site and the Content is factually accurate, current, and up-to-date, (b) the Web Site and the Content are suitable for use in connection with your Business, (c) the use of the Web Site and the Content in connection with your Business is in compliance with any local, state, and federal laws and regulations that govern or apply to your Business, including, without limitation, providing necessary or proper legal disclosures prior to use, and (d) your use of the Web Site and the Content in connection with your Business has been approved by your professional advisers, including, but not limited to, your home office management or in-house compliance officers

Advisor I/O, the Advisor I/O logo and other Advisor I/O trademarks and service marks referenced herein are trademarks and service marks of Advisor I/O. You are prohibited from using any marks for any purpose without Advisor I/O’s prior written permission.

In order to provide you with the best experience, Advisor I/O provides you with digital marketing services, as well as Content that you can use with your clients. By accessing or using the Web Site in any manner, you agree to be bound by Advisor I/O’s content sharing agreement.

We represent that any materials provided will not knowingly (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any applicable law, statute, ordinance or regulation.

Any materials provided to Advisor I/O by you will not knowingly (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any applicable law, statute, ordinance or regulation. Any client also represents and warrants that any materials provided by Advisor I/O to you as part of the platform will be used by you (i) in strict compliance with the Terms of Use and Specific Terms and (ii) solely in connection with your Business.

You acknowledge that any use of the Web Site and Content is entirely at your own risk and Advisor I/O has no duty to you nor will Advisor I/O be liable to you under any claim whatsoever in connection with receipt or use of the Web Site and Content.

You shall retain sole ownership of all content in connection with any original material provided by you so long as such content is not based on or derived from the Content or the Web Site.

If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Web Site.

Security

Although Advisor I/O has taken reasonable care to ensure the security of this Web Site, complete confidentiality and security is not yet possible over the Internet, and the Internet is not a secure medium where privacy can be ensured. The confidential use of the Web Site cannot be guaranteed and the use of the Web Site (including information you transmit to the Web Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, Advisor I/O shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security. By accessing this Web Site, you automatically warrant to Advisor I/O that you have the full right and authority to view the information contained herein. You will be solely responsible for all items posted, transmitted, received or created and will indemnify Advisor I/O and its employees with respect to any loss, damage or liability which may result.

Disclaimer of Warranty

You expressly acknowledge and agree that:
Your use of and reliance on any and all information provided by Advisor I/O through the Web Site is at your sole risk. Such information is provided on an “as is” and “as available” basis. Advisor I/O makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. Advisor I/O expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Advisor I/O shall not be liable to you or any other use of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, cause directly or indirectly by the use or reliance on such information even if advised of the possibility of such damages. Advisor I/O disclaims any and all liability for the acts, omissions and conduct of any third parties, including any plugins, screening software, integrated applications, vendors, or archiving software, in connection with or related to your use of the site and/or any Advisor I/O services. Advisor I/O solely provides marketing consulting services and does not provide accounting, tax, legal or regulatory advice, including, without limitation, advice related to compliance with the rules and regulations of the Securities and Exchange Commission or the Financial Industry Regulatory Authority, Inc. As a result, you should consult with your accounting, tax, legal or other professional advisers, such as, without limitation, your home office management or in-house compliance officers, for all questions related to such matters. In no event will Advisor I/O be liable to any party for any decision made or action taken in reliance on the information contained in or obtained through the Web Site, including the Content. Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials.

Limitation of Liability

You will defend and indemnify Advisor I/O for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, including but not limited to reasonable attorney’s fees, resulting from or arising out of any claim relating to your use of the Web Site and the Content including, but not limited to, your use of the Web Site and the Content in violation of any local, state, and federal laws and regulations that governs or applies to your Business.

The information published on this Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information contained in the Web Site. Advisor I/O, its affiliates and its agents may make improvements and changes in this Web Site at any time. Neither Advisor I/O nor its agents shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the Web Site, with the delay or inability to use the Web Site or relative services, the provision or failure to provide services, or for any information, software, products, services and related graphics obtained through the Web Site, or otherwise arising out of the use of the Web Site or the Content, whether based on contract, tort, negligence, strict liability or otherwise, even if Advisor I/O or its agents have been advised of the viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (E.G. You cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Web Site.

Termination

Advisor I/O reserves the right to terminate this license and your use of the Web Site and the Content with or without cause with written notice to you. In the event Advisor I/O terminates this license as a result your breach of this license, the Terms of Use or the Specific Terms, you will not be entitled to a refund of the monthly access fee and you may only continue to use the Content for your Business after such termination with Advisor I/O’s prior written consent. In the event that the license or your use of the Web Site terminates other than through your breach, you are permitted to continue using the Content in existence on the termination date for your Business so long as you continue to comply with terms and conditions of the license, the Terms of Use and the Specific Terms.

Email Tool Terms

Ensuring that email remains an effective channel for client and prospect communication means taking action against abuse. When sending any email from the email tool, your emailing may be terminated by Advisor I/O at any time if we feel there is a need to investigate. Your ability to send emails may be suspended or you may go through an internal audit if Advisor I/O suspects a higher than normal bounce rate, spam complaints, content issues, or fraudulent account activity. The Advisor I/O investigation team has authority to log into your account if necessary to check your email lists and content. Advisor I/O follows the following limits and thresholds:

Hard bounces: Advisor I/O’s hard bounce limit is 2%;

Spam reports: Advisor I/O’s spam complaint rate limit is 0.1%; and

Unsubscribes: Advisor I/O’s unsubscribe rate limit 2%.

You are also required to adhere to Advisor I/O’s policy that any list you upload cannot be a list that has been purchased or scraped, and each individual is expecting an email from you. Any email sent must accurately represent you or your organization if you are the sender. You will be solely responsible for all items posted, transmitted, or created via the email tool.

Miscellaneous

These Terms of Use are governed by the laws of the State of New York, U.S.A, without giving effect to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York County, New York in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. If you see objectionable content or have any questions about these Terms of Use, please contact us.