Carefully read all of the Terms and Conditions set out below.
You will be deemed to have accepted the Terms and Conditions by clicking on the “I ACCEPT” button on any payment page.
That action is the equivalent of your witnessed signature, and indicates your acceptance of the Terms and Conditions and that you intend to be legally bound by them.
- Contract Terms/Parties. Advisor Research Group Inc. (the “Licensor”) grants to you (referred to herein as “you”, “User” or the “Licensee”) an exclusive license to use the contents of the Licensor’s website, archive and Digests (the “Content”) under the terms of this License Agreement. The term “User” shall include, and the terms and conditions of this License Agreement apply, to the Licensee and all individuals who use the Content downloaded onto the Licensee’s computer (each an “Authorized User”), and each such individual shall be referred to herein as the “User”. LICENSEE SHALL NOTIFY ALL AUTHORIZED USERS OF THE TERMS OF THIS LICENSE AGREEMENT AND THE LICENSE TERMS WILL BE CONSIDERED ACCEPTED WHEN THE AUTHORIZED USER USES THE CONTENT. Any reference to Licensor shall be deemed to include any subsidiaries and other affiliates, successors and assignees of Licensor and such subsidiaries and other affiliates.
- Binding Effect. By downloading and/or using software, tools and content from the Licensor you acknowledge that you are bound by the terms of this License Agreement.
- License. Licensor grants to Licensee the exclusive license to use the Content contained therein but only in the exact form as displayed in the Content and without re-formatting or modifying the Content in any way, unless stated otherwise in this agreement.The Licensee agrees that they are the sole user, and will send ARG's content only with the Licensee's clients and prospects. The Licensee will not share or distribute its client-facing content or access credentials with colleagues, peers, associates to then be used as if they were the Licensee, unless given written permission in advance by ARG to do so.
- Copyright and Other Intellectual Property Matters. The Content and associated documentation are subject to and protected under copyright and other laws of Canada and, under international conventions, similar laws abroad. Copyright in the materials contained in the Content and associated documentation including, but not limited to, visual elements, text material, artwork, computer software and programming, selection, arrangement and coordination of materials in the products, is owned by Licensor. The User will not permit any act which infringes the Licensor’s copyright and, without limiting the generality of the foregoing, the User specifically acknowledges that it may not copy the Content except as otherwise authorized by this License Agreement. The Licensee acknowledges that the Content contains proprietary information of the Licensor, and that nothing in this License Agreement transfers any right, title or interest in and to such proprietary information or intellectual property rights contained within the Content or related documentation. At the Friend and Associate Membership levels the Licensee may share any and all content available at their respective levels with their clients and prospects. The content must be shared “as is”, and cannot be altered in any way. At the Advisor, Executive and Presidential levels of membership, the Licensor grants the Licensee the right to alter the Content by removing references to the Licensor, by including the Licensee’s name and contact information, and its liability limiting language (i.e. disclaimer) solely for the purpose of sharing with the Licensee’s customers and prospective customers. No additional uses or changes are permitted under this agreement.
- Disclaimer of Warranties. USER ACKNOWLEDGES AND AGREES THAT THE CONTENT AND ALL INFORMATION CONTAINED HEREIN AND ALL REPORTS PRODUCED THEREFROM ARE PROVIDED ON AN ‘AS-IS’ BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. LICENSOR MAKES NO WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF THE CONTENT, THE REPORTS OR THE INFORMATION CONTAINED THEREIN AND ANY RELIANCE UPON THE CONTENT BY USER OR ANY THIRD PARTY IS DONE SOLELY AT SUCH PARTY’S OWN RISK. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS LICENSE AGREEMENT.
- Limitation of Liability. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES AND STORED DATA, OR ANY PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES ARISING OUT OF THE LICENSE OR USE OF THE CONTENT OR OTHERWISE RELATED TO THIS LICENSE AGREEMENT, EVEN IF THE LICENSOR OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL THE LICENSOR’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN ANY AMOUNT PAID BY YOU UNDER THIS LICENSE AGREEMENT FOR THE CONTENT. IN NO EVENT WILL LICENSOR BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS (INCLUDING WITH ELECTRONIC FILING), TELECOMMUNICATIONS SERVICE PROVIDERS OR DAMAGES CAUSED BY USER OR WHICH ARE OTHERWISE BEYOND THE CONTROL OF THE LICENSOR. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS LICENSE AGREEMENT. For the purposes of this Section, the term “Licensor” includes Licensor’s subsidiaries and other affiliates, their successors and assigns, and their respective directors, officers, employees and agents.
- Not Legal, Financial or Tax Advice. Without limiting the generality of the limitations and disclaimers set out in paragraphs 5 and 6 above, the documents, forms and information contained within the Content do not, and shall not constitute nor be construed as legal, tax or financial advice to any User. The User will be solely responsible for ensuring all information is correct and complete.
- Links. Any links to other websites are provided for User’s convenience, and Licensor accepts no responsibility for the content of other sites and shall not be liable for any loss or damages resulting from that content. The responsibility for legal use of such sites resides exclusively with the User.
- Contract Jurisdiction and Language. This License Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario located in London, Ontario. User agrees to waive any right to a trial by jury or commence or participate in any class action against the Licensor related to the purchase or use of the Content, and you agree to opt out of any class proceedings against the Licensor. We have required that this License Agreement and all documents relating thereto be drawn-up in English.
- Waiver. Failure or neglect by Licensor to enforce, at any time, any of the provisions of this License Agreement shall not be construed or deemed a waiver of Licensor’s rights under this License Agreement.
- Pricing. At the outset of the membership the Licensee agrees to a one-time, up-front annual fee, or to a monthly fee at a premium for this convenience and the right to cancel the membership at the end of the next full month.Members who elect the one-time, up-front annual fee will automatically switch to monthly billing on their anniversary date equal to 1/11th of the prevailing rate for their level of service. Upgrades and changes mid-year will be handled in a reasonable manner to accommodate client needs and maintain the Licensor’s pricing integrity.
Refund/Return Policy. ARG abides by the legal requirement of a "10 day cooling off period" as mentioned in the Consumer Protection Act in Ontario. If a Licensee would like to cancel within this 10-day period send a letter or email to notify us (physical and email addresses are available on our Contact Us page of our website). Beyond this 10 day time-frame, Licensees may receive credit for unused time periods to be applied to upgrade their membership, or for future purchases, solely at the discretion of ARG.
Contact Policy. The User/Licensee agrees to be contacted by ARG from time-to-time via telephone, email, social media and other methods to sell additional services and products.