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Financial Planners Standards Council ("FPSC")
maintains this website (the "Site") as a service to the public
and the financial planning profession. PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE.
By using this Site, you are agreeing to comply
with, and be bound by, the following terms of use (the "Terms").
Please review the Terms carefully. If you do not agree to
these Terms, you should not use this Site.
- Restrictions
on Use of Materials
The content, organization, compilation and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including, but not limited
to, intellectual property) rights. Unless otherwise stated,
the copying, redistribution, use or publication by you of
any such content or any part of the Site is strictly prohibited.
You do not acquire any other ownership rights to any content
or document obtained through the Site. The posting of information
or materials by FPSC on the Site does not constitute a waiver
of any right in such information and materials. FPSC and
any other persons involved in the management of the Site
may make changes in the information and content included
in the Site at any time without notice.
The "CFP®", "CERTIFIED FINANCIAL PLANNER®" and the "CFP" flame design (collectively, the "Trademarks") certification marks are owned outside the U.S. by Financial Planning Standards Board Ltd. (FPSB). Financial Planners Standards Council is the marks licensing authority for the CFP marks in Canada, through agreement with FPSB. FPSC grants the right to use the Trademarks to individuals who meet the licensing
requirements of FPSC, details of which can be found at www.cfp-ca.org.
- Non-Transferable
Limited Right of Use
Your right to use the Site is not transferable. The viewing
or downloading of any content, form or document grants you
only a limited, non-exclusive licence for use solely by
you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works or other use, provided you maintain
any and all copyright and other proprietary notices. No
part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal
use (but not for resale or redistribution) unless permission
to do so has been granted in writing from FPSC. For permision
to reproduce in any form or incorporate in any information
retrieval system, electronic or mechanical, other than your
personal use (but not for resale or redistribution) please
contact FPSC directly at 416-593-8587 or 1-800-305-9886
or at the following e-mail address inform@cfp-ca.org
or write to us at:
Financial Planners Standards Council
1600-505 University Avenue
Toronto, Ontario M5G 1X3
Canada
- Privacy Policy
The personal information collected through this Site is
used, disclosed and maintained by FPSC in the manner set
out in our Privacy Policy. By using the Site, you are consenting
to FPSC's information practices as set out in the Privacy
Policy.
- Security
Any password(s) or right given to you to access and submit
information online is not transferable. You are solely responsible
for maintaining the strict confidentiality of your password(s)
and account, and are fully responsible for all activities
that occur under your password(s) or account.
You agree to immediately notify FPSC of any suspected unauthorized
use of your password(s) or account or any other breach of
security and ensure that you exit from your account at the
end of each session.
You recognize and agree that the nature of Internet communications
means that your communications may be susceptible to data
corruption, unauthorized access, interception and delays.
You also recognize and agree that although FPSC's security
efforts are generally consistent with industry practice
in Canada, your complete privacy, confidentiality and security
associated with any communications between us is not yet
possible over the Internet, and therefore cannot be guaranteed.
As a result, FPSC shall not be responsible or liable for
any loss of privacy, disclosure of information, harm, damage
or loss that may result from your transmission of any information
to us in any connection with the Site.
You agree not to violate the security of the Site, including
without limitation attempting to log into an account or
server which you are not authorized to access or attempting
to interfere with the services provided by the Site through
means of a virus or flooding or otherwise overloading the
Site's servers, or by any other similar or dissimilar means.
- Online Payments
A section of the Site operated by FPSC allows access to
a third party payment processing site ("Payment Site") through
which payments may be made, including, but not limited to,
payments of your annual renewal fees. You understand and
agree that FPSC does not operate or control the services
offered by such Payment Site. You agree that use of the
Payment Site is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY FPSC, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
UNDER NO CIRCUMSTANCES IS THE FPSC LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN THE PAYMENT SITE AND
YOU FOR ANY INFORMATION APPEARING ON THE PAYMENT SITE OR
ANY OTHER SITE LINKED TO FPSC'S SITE. FPSC WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE THE SITE.
- Links to Third
Party Sites
The links on the Site will enable you to leave the Site
and connect directly to linked sites. Such linked sites
are independent of the Site, and shall not be construed
as any reflection on, any affiliation with, approval of,
or endorsement by, FPSC of any such site or entity, or its
respective information, publications, products or services.
FPSC shall not be responsible for the contents of any site
linked to the FPSC site or for any link contained in a linked
site. FPSC is providing these links to you only as a convenience
and the inclusion of any link does not imply endorsement
of the linked site by FPSC.
- Termination
Your right to use this Site and, if applicable, the licence
("CFP Licence") granted to you by FPSC will terminate immediately
without notice from FPSC if, in FPSC's sole discretion,
you fail to comply with any material term or provision hereof
or if FPSC believes that you, by your conduct, have violated
any applicable law or are acting contrary to the interests
of FPSC. All of the provisions of these Terms shall survive
termination of your rights to access the Site and/or your
licence and you agree to remain bound by those provisions
that survive such termination.
- Disclaimer
UNLESS OTHERWISE PROVIDED, THE MATERIALS AND SERVICES ON
THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, FPSC, DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
IN CONNECTION WITH THE SITE, ANY INFORMATION OR ANY MATERIALS
CONTAINED THEREON OR OBTAINED OR ACCESSIBLE THEREFROM AND
ANY WEB SITE WITH WHICH THE SITE IS LINKED.
FPSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR
SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE
TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE.
YOU (AND NOT FPSC) ASSUME THE ENTIRE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. FPSC DOES NOT WARRANT THE
FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR
THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE
SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE
OR THAT THE OPERATIONS OF FPSC'S NETWORK OR ITS CONTENTS
WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Site is controlled and operated at offices in Toronto,
Ontario, Canada. Certain services may, now or in the future,
be hosted on computers in other jurisdictions. FPSC makes
no representation that materials or services on or accessed
through the Site are appropriate or available for use in
other locations. If you choose to access this Site from
other locations, you do so on your own initiative and you
are responsible for compliance with local laws, if and to
the extent local laws are applicable.
- Limitation of
Liability
Under no circumstances, including, but not limited to, negligence,
shall FPSC be liable for any direct, indirect, special,
consequential or other damages that result from the use
of, or the inability to use, the materials or services accessible
from or obtained through this Site, even if FPSC, or its
authorized representative, has been advised of the possibility
of such damages. Applicable law may not allow the limitation
or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply
to you. In no event shall FPSC's total liability to you
for all damages, losses, and causes of action (whether in
contract, tort (including but not limited to negligence)
or otherwise) exceed one hundred dollars (CDN $100.00).
- Indemnification
To the maximum extent permitted by applicable law, you will
defend, indemnify and hold FPSC harmless from and against
all claims, liability, and expenses, including all legal
fees and costs, arising out of your breach of any provision
of these Terms or your use of the Site and the contents
and services contained on the Site.
FPSC reserves the right, in its sole discretion and at its
own expense, to assume the exclusive defence and control
of any action, claim or matter otherwise subject to indemnification
by you. You will co-operate as fully as reasonably required
in the defence of any claim.
- Amendments
FPSC reserves the right to make changes to the Site and
to modify, alter or otherwise update these Terms at any
time with or without notice. You should review the link
to these Terms on a regular basis for any such changes.
Your continued use of the Site shall constitute your acceptance
of any revisions to the Terms.
- Jurisdiction
and Severability
You agree and acknowledge that your use of this Site shall
be deemed to have occurred and taken place solely in the
Province of Ontario, Canada. You further agree and acknowledge
that these Terms, and any disputes in connection with your
use of this Site or its contents, will be governed by the
laws of the Province of Ontario, Canada, and the laws of
Canada applicable therein. You expressly consent to the
exclusive forum, jurisdiction, and venue of the courts of
Ontario in any and all actions, disputes, or controversies
relating hereto. If any provision of these Terms shall be
found to be unlawful, void or unenforceable, then such provision
shall be deemed severable herefrom and will not affect the
validity and enforceability of any remaining provisions.
- Language
The parties have requested that these Terms and all documents
contemplated hereby be drawn up in English. Les parties
aux présentes ont exigé que cette entente et tous autres
documents envisagés par les présentes soient rédigés en
anglais. October 2001 Return to homepage
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