Terms of Use

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.

  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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).

  10. 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.

  11. 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.

  12. 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.

  13. 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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