 |
 |
Terms of UseWelcome to
FinancialLanguage.com. This website is owned by Paladin Registry, Inc. The
following statements set forth Paladin company's (hereinafter referred to as
"Paladin") Terms of Use for the Financial Language website, the Paladin
Registry website (hereinafter referred to as "the Paladin Registry"), and other
Paladin owned websites. Please read this document carefully and in its entirety
before using any tools or services on any Paladin owned website. By accessing
the content or services on this website, you acknowledge that you have read and
understand the following Terms of Use and agree to be bound by the terms and
conditions described herein. Terms of use apply to investors and potential
investors (hereinafter referred to collectively as "Investor(s)"), financial
professionals (hereinafter referred to as "Advisor(s)"), and all members of the
general public (hereinafter referred to as "Public") who access Paladin owned
websites.
1. Non-Commercial UseAll services on this
website are intended for your personal use and in accordance with the other
terms and conditions of this agreement. It is not intended that any person or
company use the information on the site, including the names of advisors, for
recruiting, marketing of financial products or services, or purposes that
otherwise violate the intent of the services on this website and/or is
considered "Spam" by Advisors or Investors or by the Paladin Registry. Persons
or companies that violate this restriction or use the Paladin Registry for any
other commercial purpose will be subject to legal action.
2. Copyrighted MaterialAll information, text and
graphics that are provided on the website are the intellectual property of
Paladin Registry, Inc. and/or third party providers and are protected by
copyright and other intellectual property laws, with all rights reserved.
Investors, Advisors, and Public may not reproduce, retransmit, disseminate,
sell, publish, broadcast, or circulate any information on this site without the
express written consent of Paladin in advance.
3. Service Mark and Copyright"Paladin Registry",
"Paladin Investors", "Paladin Registry Advisor", "PaladinRegistry.com",
"Paladin Registry Fiduciary Advisor", "PaladinInvestors.com," "Paladin Investor
Resources" "Paladin Principles", "FinancialLanguage.com", and "Who's Watching
Your Money"? are claimed service marks or trademarks of Paladin Registry, Inc.
All material, including text and graphics, presented on this site, are
protected by the Copyright Laws of the United States of America and each of the
States of the Union, along with various international treaties and laws. The
information, materials and other content of this site may not be copied,
displayed, distributed, downloaded, licensed, modified, published, reposted,
reproduced, reused, sold, transmitted, used to create a derivative work, or
otherwise be used for public or commercial purposes without the express written
consent of Paladin Registry or the owner of the particular material protected
by Copyright Law and such consent shall be in the sole discretion of the owner
of the intellectual property so involved.
4. Intellectual PropertyInvestors, Advisors, and
Public understand and agree that the Paladin websites contain intellectual
property that belongs exclusively to Paladin and is provided for the exclusive
limited use of Investors and Advisors who use the services on the site. All
Investors, Advisors, and Public agree to protect Paladin's intellectual
property from any person or company who would misuse it and agree to accept
full responsibility for any illegal copying of such intellectual property
should such an act be traced to the involvement of any Investor, Advisor or
member of the General Public.
5. LinksSome links to third parties that are on
this web site may require Investors or Advisors to provide additional
information or enter into a specific additional agreement, for such a link to
be published on our site. Paladin is not responsible or liable for information
collected by other sites and the use of such information by other sites. "Deep
Linking" to the Registry web site is expressly forbidden.
6. Financial Service Licenses/Hold Harmless
InformationPaladin is not licensed to provide any type of investment
advice or sell any financial products for compensation. Nor can Paladin
participate in the revenue streams associated with the sale of financial advice
or products by licensed advisors and companies. The primary purpose of the
Paladin Registry and affiliated websites is Investor education, advisor
information, and to provide a selection of potential Advisors to Investors or
Potential Investors. All Investors or Potential Investors agree to conduct
their own due diligence and independent investigation of any Advisor they learn
about on the Paladin Registry and to fully and independently investigate any
claims or statements made by any such Advisor, including any information or
claims that are published about any such Advisor on the Registry web site.
Further, all Investors and Potential Investors who use any tool or service on
the Paladin Registry web site agree to hold Paladin harmless and to indemnify
Paladin from any claims of any nature regarding any involvement of any nature
with any Advisor listed on our web site.
Specific Disclaimers:
All Investors or Potential Investors agree to hold Paladin Registry
HARMLESS and indemnify Paladin Registry (and all officers, owners, employees,
partners, associates and agents) from any civil action or loss of any nature
resulting from:
- The results of any financial advisor who presents
Investors or Potential Investors with advice that falls below the standard of
care as reasonably expected by a fellow member of his industry or profession.
In short, Investors or Potential Investors agree to waive any possible claim
against Paladin Registry for any "bad advice" that Investors or Potential
Investors receive from any advisor Investors or Potential Investors found via
the Registry.
- Investors or Potential Investors agree to hold
Paladin Registry harmless from any claim that Paladin Registry failed to
adequately investigate the background, credentials or any other information
relevant to any advisor that Investors or Potential Investors have located via
the Registry.
- Investors or Potential Investors agree to waive any
potential claim that Paladin Registry expressly or via implication, made a
claim that any or all advisors on the Registry were superior in performance,
credentials, or qualifications to any advisor who is not profiled in the
Paladin Registry. Investors or Potential Investors agree that Paladin Registry
is not claiming and has not claimed that any advisor profiled in the Paladin
Registry "gives better advice" than any advisor not profiled in the Registry.
- Investors or Potential Investors agree that Paladin
Registry is not responsible for any background checks, despite any claims that
"members have clean compliance records." Investors or Potential Investors
further agree to waive any such claims of this nature against Paladin Registry.
- While the Registry promotes fees as the appropriate
way to compensate advisors, some advisors who are members of this site may
accept commissions as part of their compensation. Some advisors may not
disclose to the Registry that they are willing to accept commissions. Investors
or Potential Investors agree to waive any and all claims arising from this
issue against Paladin Registry and Investors or Potential Investors further
agree and understand that it is Investor's or Potential Investor's sole
responsibility to negotiate with any advisor regarding the method of
compensation that Investors or Potential Investors prefer.
- Investors or Potential Investors agree and
understand that any advisor may provide Paladin Registry with incomplete,
inaccurate, misleading or false information and given that Paladin Registry
does not independently investigate any such information or data, Investors or
Potential Investors agree to hold Paladin Registry harmless from any claim
arising from such incomplete, inaccurate, misleading or fraudulent information
or data and to defend Paladin Registry from any such claim.
- Investors or Potential Investors agree and
understand that any advisor may promise Investors or Potential Investors that
he/she will provide full disclosure of information, credentials, education,
experience, work history, criminal background, litigation history or any other
relevant information and that he/she may fail to provide such information, or
may provide incomplete, inaccurate, misleading, fraudulent or false responses
in his/her disclosures and that Investors or Potential Investors further agree
to hold Paladin Registry harmless and defend Paladin Registry against any claim
arising from such actions on the part of any advisor.
7. Accuracy of InformationPaladin shall not have
any liability, contingent or otherwise, for the accuracy, completeness, or
timeliness of the information on this web site.
8. Free Public ServicesPaladin does not charge
Investors or Potential Investors for the four primary services on the Paladin
Registry website and on affiliated websites. Paladin Registry does charge a
nominal fee for providing ratings of advisors that are requested by Investors
or Potential Investors.
9. WarrantyEXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PALADIN REGISTRY, THIS SITE
AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, PALADIN MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL
MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS PROVIDED ON THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY ADVISORS, PRODUCTS, SERVICES OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR
MATERIALS WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES, OR OTHER TYPOGRAPHICAL ERRORS. PALADIN MAY MAKE CHANGES
TO THE MATERIALS ON THIS SITE AT ANY TIME WITHOUT NOTICE. PALADIN MAKES NO
COMMITMENT TO UPDATE THE SITE IN THE EVENT THE SITE IS OUT OF DATE.
YOU
UNDERSTAND AND ACKNOWLEDGE THAT (I) PALADIN REGISTRY DOES NOT CONTROL, ENDORSE
OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ADVISORS, THIRD PARTY
VENDORS, SPONSORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE, (II)
PALADIN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD
PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (III) ANY DEALINGS YOU MAY HAVE
WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (IV) PALADIN REGISTRY SHALL
NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY
THIRD PARTIES, INCLUDING ADVISORS.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT
RESULTS FROM SUCH ACTIVITIES. PALADIN REGISTRY ASSUMES NO LIABILITY FOR ANY
COMPUTER VIRUSES OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR
COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED
THROUGH THE SITE. NO SOURCE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PALADIN REGISTRY OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
10. Advisor Admittance ProcessThe Paladin
Registry's Advisor admittance process is based on, but not limited to, the
Advisor's experience, education, certifications, fiduciary status, compliance
record, wealth management services, methods of compensation and scope of
current business, with all such information and data provided to Paladin
Registry by each Advisor. All such information and data are not independently
verified by Paladin Registry and all relevant background checks, due diligence,
and investigation into any such claims, information and data must be solely and
exclusively done by the Investor or Potential Investor. The Investor or
Potential Investor, and all members of the General Public, agree to hold
Paladin Registry harmless and to indemnify Paladin Registry against any losses
or civil claims of any nature regarding reliance on any claim, information or
data provided by any Advisor located via this web site. While the data,
information and claims provided by any Advisor and published on this web site
are potential characteristics that may assist an Investor or Potential Investor
to make an intelligent and thoughtful decision regarding the selection of such
Advisor, all such data, information and data must be independently investigated
by the Investors or Potential Investors. While a high percentage of Advisors
who apply for admittance to the Paladin Registry voluntarily withdraw or are
declined by Paladin for various reasons, all Investors and Potential Investors
still must complete an independent, thorough investigation of Advisor prior to
following Advisor's advice or giving Advisor control over any assets.
11. Five StarsFive Stars is a frequently used
indicator that denotes the "best". All Advisors who are admitted to the Paladin
Registry have received a Five Star rating. Advisors who receive less than a
Five Star rating are not admitted to the Paladin Registry. The Five Star rating
is not intended to be a certification or designation. Some Advisors in the
Paladin Registry have more credentials than other Advisors. All professionals
are screened by Paladin Registry analysts prior to being admitted to the
Registry, however, such screenings are entirely based on the materials, claims
and information provided by Advisor and are not independently verified or
investigated by Paladin Registry or Paladin Registry analysts. Paladin's
evaluation process is based on information and claims presented to Paladin
Registry by the Advisors, themselves, and includes various credentials, ethics
related claims, and business practices information, such as wealth management
services, method of compensation, client services and so forth. As all such
information and claims are not independently investigated or verified by
Paladin Registry, Investor must be solely responsible for all such
investigations and verifications and the reliability of the data.
12. Five Star DisclaimerTHE FIVE STAR RATING
DOES NOT REPRESENT OR IMPLY THAT ADVISORS WHO HAVE RECEIVED THE RATING WILL
PRODUCE BETTER RESULTS THAN ADVISORS WITHOUT A FIVE STAR RATING OR THAT THEY
ARE REPUTABLE, HONEST OR BEYOND FRAUDULENT OR MISLEADING ACTIVIES. ADVISORS WHO
EXHIBIT THE FIVE STAR RATING WILL HAVE A RANGE OF QUALIFICATIONS AS DESCRIBED
IN THEIR PROFILES AND CLAIMED BY THE ADVISORS THEMSELVES.. A FIVE STAR RATING
INDICATES THE ADVISORS HAVE PROVIDED INFORMATION AND CLAIMS THAT, ON THE
SURFACE, MET THE MINIMUM QUALITIATIVE STANDARDS OF THE REGISTRY FOR THIS
RATING, BUT DOES NOT GUARANTEE FUTURE RESULTS OR THE COMPETENCE, SERVICES, AND
INTEGRITY OF THE ADVISORS WHO ARE PROFILED IN THE PALADIN REGISTRY.
13. Endorsements, Recommendations, and
TestimonialsInformation on the Paladin website is not an endorsement,
recommendation, or testimonial for any particular Advisor, product, sponsor,
third party website, or company. All data that appear in the Paladin Registry
are for informational purposes only.
14. Search Consultants Paladin Registry provides
a consultant for no charge to Investors to help them find financial advisors
who are profiled in the Registry. Consultants use information provided by
Investors to find advisors who are profiled in the Registry and who meet
Investors' requirements. Paladin Registry consultants do not recommend or
endorse particular Advisors and no information that is provided by consultants
is intended to be advice that impacts Investor decision-making. Investors are
solely responsible for selecting advisors and conducting all needed independent
investigations of any potential Advisors before selecting them.
15. Advice DisclaimerPaladin does not provide
any type of financial, legal, or tax advice on this website. The content of
this site is intended for informational and educational purposes only.
Investors should consult a qualified, licensed financial, tax, or legal
professional before making any decisions based on the information on this
website.
16. Learn from the Pros and In the NewsThe
articles in these sections of the Registry website are for informational
purposes only and should not be acted upon without a thorough review by a
qualified professional. The articles are not intended to be financial, legal,
or tax advice from the Paladin Registry. The information and advice in the
Learn from the Pros section of the Registry website is provided by Advisors who
are profiled in the Paladin Registry and are licensed to provide financial
advice and services. The Advisors are solely responsible for any advice or
recommendations that are found in their articles, the quality of the advice or
recommendations, and any outcomes associated with the advice or
recommendations. Paladin Registry is not responsible for the content of
articles or the views expressed in the articles. Paladin Registry publishes the
articles as a free public service for Investors who want to expand their
financial knowledge.
17. Advisor RecommendationsPaladin Registry does
not recommend the retention, termination, or selection of particular advisors.
The decision to select, retain or replace planners or advisors is the sole
responsibility of Investors.
18. Investor UseInvestors use Registry services
to increase their knowledge, find Advisors, and review the credentials and
business practices of Advisors who are profiled in the Registry. Investors are
solely responsible for their use of Registry information and Paladin has no
responsibility or liability for Investors' use of Registry information and
services and all Investors and users of the information, tools and services
offered and published on this site are done so at the sole risk of the Investor
or user.
19. Investor ResultsPaladin does not represent,
warranty, or guarantee that Investors will experience better results from
Advisors who are profiled in the Registry when compared to advisors outside the
Registry.
20. Advisor QuestionnairePaladin provides the
Advisor Questionnaire solely for information purposes only to Investors who do
not know the right questions to ask Advisors to determine the quality of their
credentials, ethics, and business practices. The questionnaire does not include
all of the questions that Investors should ask Advisors. Advisors may or may
not provide truthful answers to the questions in the questionnaires. Investors
are encouraged to check all of the information that is provided by Advisors to
validate its accuracy. Investors are solely responsible for all of their
Advisor selection and retention decisions.
21. Advisor Rating SystemPaladin provides the
Advisor Rating System as an information service that Investors can use to
measure the quality of Advisor credentials, ethics, and business practices.
Advisors with higher ratings may not produce better results than Advisors with
lower ratings. Investors develop their own minimum requirements when they use
the Advisor Rating System.
22. Advisor Aggregate CharacteristicsPaladin may
advertise or promote the aggregate characteristics of the Advisors in the
Paladin Registry. The data that describe Registry Advisors are based on random
samples, and the actual percentages may be higher or lower than the data used
by Paladin.
23. Compliance RecordsA small percentage of
advisors in the Paladin Registry may have one or more disclosures in their
compliance records. Paladin reserves the right to review the disclosure(s), and
if in Paladin's sole determination, the complaint was frivolous, Advisor can
still be admitted to the Paladin Registry with or without full disclosure of
the complaint to Investors. Investors who use the Paladin Registry to find and
review Advisors should always check the Advisors' ADV Part IIs and the
Advisors' compliance records with the SEC, FINRA, and applicable State
Regulators. Paladin provides links to these regulators on its external site in
the Information Center.
24. Paladin CompensationAll Advisors who have
been admitted to the Registry, pay fixed monthly membership fees to Paladin. In
addition, some Advisors may pay optional variable or fixed fees for matches to
Investors who were referred to the Registry by linked, third party websites or
companies that provide referrals to Registry Advisors. Paladin may or may not
participate in the optional fees that are charged by third party websites for
referrals to offset its administration and match processing expenses.
25. Notification of ChangesThe information on
the Paladin Registry website is subject to change without notice. Paladin may
or may not inform Investors and Advisors of changes to the website. In any
event, Paladin is not liable for the completeness or timeliness of the
notifications.
26. Privacy Policy and Third Party
WebsitesPaladin will hold all Investor and Advisor data in the strictest
privacy. Paladin reserves the right to send Investor data to third party
websites if Paladin cannot provide the services Investor is seeking and Paladin
believes one or more third party websites can provide the services that
Investor is seeking. Paladin cannot guarantee that the third party websites
will provide the services that Investor is seeking, Paladin is not responsible
or liable for any actions that are taken by third party websites that receive
Investor data from Paladin and the results of third party websites that are
experienced by Investor. Third party websites may refer Investor to advisors
and other service providers who are listed on their respective websites.
Advisors and other service providers on third party websites do not have to
meet the same admittance requirements as advisors who are profiled in the
Paladin Registry. See the Privacy Policy on
the bottom navigation bar of the Paladin Registry website for additional
information about Paladin's data collection and dissemination policies.
27. Privacy Policy and Direct Email Special Research
ReportsPaladin may send Investors who use Registry services a free monthly
research report about financial advisors. Content can include information about
financial advisors, a scam report, and questions and answers. Paladin reserves
the right to provide additional education content that it believes will benefit
investors. Investors can request to be removed from the research report
distribution list at any time.
28. Usage DataPaladin monitors the activity on
the Registry website and uses general information, not personal information, to
prepare reports that are used by Paladin and may be disseminated to Advisors,
third parties, and the media.
29. CookiesA cookie is a data file delivered by
a small, automatic program that Paladin transfers to Investor or Advisor hard
drives when they visit the Registry website. Paladin uses cookies to measure
activity on its website, improve the content of its website, notify Investors
and Advisors of enhancements to its website, and for general marketing
purposes. You can disable cookies by reviewing the help file of your browser,
but any such disability will affect the operation of the Registry web site as
displayed on your browser and will diminish your ability to use our web site.
30. Third Party WebsitesThe Registry website may
be linked to certain third party websites that we believe add value for
Investors and Advisors. Paladin is not liable for the quality, accuracy,
security, completeness, or timeliness of their services. In addition, the link
does not imply any form of endorsement or recommendation by Paladin. Links are
for the convenience of Investors and Advisors only. Paladin is not responsible
for the Terms of Use or the privacy policies of such websites and you should
carefully review the Terms of Use and the privacy policy of each site prior to
using its services or viewing its content.
31. Registry IconsAdvisors may link their
websites to Paladin using an icon that is provided by Paladin. The use of the
icon does not represent a recommendation, endorsement or testimonial by
Paladin.
32. Registered Investment AdvisorPaladin
Registry, Inc. is an SEC Registered Investment Advisory firm. Paladin is
registered with the SEC because it links investors to advisors through the
Registry. Paladin does not sell any investment products or provide any
financial advice.
33. IndemnificationYou agree to indemnify,
defend, and hold Paladin harmless as well as its officers, partners, owners,
directors, agents, licensors, suppliers, and any third party providers to
Paladin from and against all losses, expenses, damages, and costs, including
reasonable legal fees resulting from any legal action that results from your
use of any of the services on this website.
34. Limitation of LiabilityIN NO EVENT SHALL
PALADIN, ITS AFFILIATES AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR
LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH
YOUR USE OF THIS SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE
INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF
PALADIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN YOU AND PALADIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM PALADIN THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF
USE. SOME JURISDICTIONS PROHIBIT EXCLUSIONS OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY.
35. Governing Law, Jurisdiction and
ArbitrationThis Agreement will be governed by and construed in accordance
with the internal laws of the State of California, excluding that body of laws
known as choice of law or conflict of laws. Subject to the provisions of this
Section, all disputes, controversies or claims arising out of or relating to
this Terms of Use document will be resolved through mandatory binding
arbitration conducted in Sacramento, California, before J.A.M.S./ENDISPUTE or
its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C.
Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will
be conducted in accordance with the provisions of J.A.M.S.'s Streamlined
Arbitration Rules and Procedures in effect at the time of filing of the demand
for arbitration (the "JAMS Rules"), subject to the provisions of this Section.
The terms set forth in this Agreement will control in the event of any
inconsistency between such terms and the JAMS Rules. The parties will cooperate
with JAMS and with each other in promptly selecting a single arbitrator from
JAMS's panel of neutrals. If the parties fail to so select an arbitrator within
thirty (30) days following the date of either party's notice of demand to
conduct arbitration, then JAMS will appoint an arbitrator in accordance with
the JAMS Rules. The award of the arbitrator will be in writing and will set
forth findings of fact and conclusions of law. Judgment on the arbitrator's
award will be final and binding upon the parties and may be entered in any
court having jurisdiction thereof. If for any reason JAMS or its successor no
longer is in business, then the arbitration shall be conducted in accordance
with the commercial arbitration rules of the American Arbitration Association.
The arbitrator's fees will be shared equally by the parties and each party will
initially bear its own costs and attorneys' fees, but the prevailing party
shall be reimbursed by the other party for all attorneys' fees, witness fees,
and arbitration costs. All papers, documents, or evidence, whether written or
oral, filed with or presented in connection with the arbitration proceeding
will be deemed by the parties and by the arbitrator to be confidential
information of both parties. The arbitrator chosen in accordance with these
provisions will not have the power to alter, amend or otherwise affect the
terms of these arbitration provisions or the provisions of this Agreement.
Notwithstanding the foregoing, nothing in this Section shall prevent either
party from applying for and obtaining from a court a temporary restraining
order and/or other injunctive relief.
36. GeneralThe Terms of Use, Privacy Policy,
Member Agreement, and other rules, guidelines, license agreements for
downloadable software and disclaimers posted on this website constitute the
entire agreement between Paladin and Investors, Advisors, and Public with
respect to their use of this website. Paladin Registry reserves the right to
amend, change or modify the terms of this Agreement at anytime without any
prior notice to you. In the event that you use any tool or service that Paladin
provides subsequent to any amendment, change or modification having been made
in this Agreement and published on this web site, such usage is your express
agreement to be bound by the most current version of this Agreement, including
any amendments, modifications or changes. If for any reason a court of
competent jurisdiction finds any provision of the Terms of Use, Privacy Policy,
Advisor Agreement, or portions thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of the parties as reflected by that provision, and the remainder of the Terms
of Use shall continue in full force and effect. Any failure by Paladin to
enforce or exercise any provision of the Terms of Use, Privacy Policy, Member
Agreement or related right shall not constitute a waiver of that right or
provision. The section titles used in the Terms of Use, Privacy Policy, and
Advisor Agreement are purely for convenience and carry with them no legal or
contractual effect.
|
|
 |
 |