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Terms of Service
Advisory Partners, a [Minnesota corporation] (“Advisory Partners,” “we,” “us”) is a boutique mergers and acquisitions advisory firm that provides extensive small business investment advising related to corporate transitions, such as mergers, acquisitions or other investment to businesses and individuals.
These Terms of Service (“Terms”) govern your use of our website at www.advisorypartners.com (or “Site”) and any investment, financial or other related advice provided to you by Advisory Partners (“Services”) as set forth below, and including our Privacy Policy [advisorypartners.com/privacypolicy], which is part of these Terms. By accessing and using our Services, you affirm that you understand and agree to these Terms (the last modified date is found at the end of these Terms). If you have entered into an Engagement Agreement or any other contractual agreement with Advisory Partners the terms of that agreement will govern to the extent they conflict with these Terms.
These Terms apply to all who use or access our Services (“Users”). Users can be individuals, businesses or other organizations. If you are agreeing to these Terms on behalf of another, you represent and warrant that you have the authority to do so.
These Terms do not apply to third party sites or applications or third-party services/providers to which we provide access through our Services. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
You must be 18 years of age to use our Services. If you learn that your minor under 13 years of age has used our Services without your consent, please e-mail us at [info@advisorypartners.com].
User Responsibilities: User is responsible for obtaining, installing, maintaining, and operating all software, hardware or other equipment (collectively, “Systems”) necessary for User to access and use the Services at User’s expense, as well as the cost and availability of User’s Internet services and any wireless services User requires to access the Services (the “Connections”).
Account and Password Security; User Profiles: Advisory Partners may require a User to create a username and password to access the Services. User shall maintain the confidentiality and security of User’s password and account, and is responsible for any and all activities that occur under them. User agrees to (a) immediately notify Advisory Partners of any suspected unauthorized use of User created password or account, and (c) exit User’s account at the end of each session when using the Services. Users agree to provide and maintain true, accurate, current and complete information. Information collected about Users is governed by our Privacy Policy [advisorypartners.com/privacypolicy].
Mobile Services: Advisory Partners may send push notifications, SMS/text messages, or other electronic messages to User’s mobile device. User’s wireless service carrier’s charges, data rates, and other fees may apply. Under no circumstances will Advisory Partners be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by the User. If User changes or deactivates User’s mobile telephone number, User agrees to promptly update User’s account information to stay notified.
Electronic Communications: By consenting to these Terms, User confirms that User can access electronic information and communications via email or mobile services and consents to receiving electronic information and communications. User gives Advisory Partners permission to email User information about User’s use of the Services. User agrees to keep his or her profile email address up-to-date so Advisory Partners may communicate with User. Users may change their communication preferences at any time in their account.
Advisory Partners’ Rights with respect to the Services: Advisory Partners reserves the right to modify, suspend, or discontinue, temporarily or permanently, all or part of the Services, consistent with Advisory Partners’ rights under its services agreements. User acknowledges that Advisory Partners may limit or control the use of the Services in its discretion at any time and in any manner, including the setting or altering of data retention parameters. Advisory Partners may terminate accounts that it deems to be inactive. User agrees that Advisory Partners, its directors, officers, employees, affiliates, and assigns will not be liable to User or to any third party for any modification, suspension, or discontinuance of all or any part of the Services, whether temporary or permanent.
Prohibited Conduct: Advisory Partners reserves the right to investigate and take appropriate action, including legal action, against anyone who, in Advisory Partners’ sole discretion, violates these Terms or any applicable laws and regulations. Advisory Partners may also suspend or terminate the accounts of violators and report Users to law enforcement authorities.
User agrees to not use the Services to:
Commercial Use: Unless otherwise expressly authorized in these Terms or other agreement with a User or user’s organization, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, offer for sale, resell, exploit, transfer for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Advisory Partners, in its sole discretion, may suspend or terminate User’s account or use of any of the Services at any time, without notice, for any reason. User may terminate User’s account at any time. Upon termination (a) User’s usage rights will terminate and User must immediately cease all use of the Services; (b) User will no longer be authorized to access User’s account or the Services; and (c) all obligations accrued prior to termination and with respect to Advisory Partners’ intellectual property, limited or absence of liability, indemnity rights, and rights regarding its ownership and control of the Services will survive.
Software and Trademarks: The technology, software, and processes underlying the Services and any reports, presentations, documentation or other deliverables created pursuant to the Services are the property of Advisory Partners (the “Intellectual Property”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or underlying information, sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property. Any rights not expressly granted in this agreement are reserved by Advisory Partners.
The Advisory Partners name and logos are trademarks and service marks of Advisory Partners (collectively the “Advisory Partners Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Advisory Partners. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Advisory Partners Trademarks or third-party Trademarks displayed on the Services, without our, or such third party’s as applicable, prior written permission in each instance. All goodwill generated from the use of Advisory Partners Trademarks will inure to Advisory Partners’ exclusive benefit.
Third Party Material: The Services may include or incorporate third party material. These third parties are not under Advisory Partners’ control. Under no circumstances, to the fullest extent permitted by law, will Advisory Partners, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material on or through the Services. User agrees that User must evaluate, and bear all risks associated with the use of any third-party material, including any reliance on the accuracy, completeness, or usefulness of such material.
User Information Transmitted Through the Services: Except as otherwise provided in our Privacy Policy or under these Terms, User acknowledges and agrees that any comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by User to Advisory Partners are non-confidential and Advisory Partners is entitled to the unrestricted use and dissemination of these Submissions, and any and all derivative works thereof, for any purpose, commercial or otherwise, without acknowledgment, accounting to, or compensation to User. If User chooses to provide Submissions, User grants Advisory Partners an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Submissions and derivative works thereof in any manner and for any purpose, including to improve the Services and to create other products and services that Advisory Partners sells or offers for sale.
Digital Millennium Copyright Act Notice. Advisory Partners respects the intellectual property rights of others and Users of the Services are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Services (or any portion of it) infringes your copyright, please provide a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; a description of the copyrighted work that you believe has been infringed; the location on the Site of this allegedly infringing material; your address, telephone number and email address and any other pertinent information sufficient to allow Advisory Partners to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
Notices of claimed copyright infringement should be directed to Better Buying Institute, [80 S 8th St, Suite 2200, Minneapolis, MN 55402] [info@advisorypartners.com] (Please include “notice of infringement” in the subject line.)
Advisory Partners may provide, or third parties may provide, links or other access to other sites and resources on its Site or as part of the Services. Advisory Partners has no control over such sites and resources and Advisory Partners is not responsible for and does not endorse such sites and resources. User further acknowledges and agrees that Advisory Partners, its directors, officers, employees, affiliates, and assigns will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings User has with third parties found while using the Services are between User and the third party, and User agrees that Advisory Partners, its directors, officers, employees, affiliates, and assigns are not liable for any loss or claim that User may have against any such third party.
To the fullest extent permitted by law, User is responsible for User’s use of the Services. User releases and agrees to indemnify and hold Advisory Partners and its officers, directors, employees, consultants, subsidiaries, affiliates, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) User’s unauthorized use or misuse of the Services; (b) User’s violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) User’s violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between User and any third party.
USE OF ANY PORTION OF THE SERVICES IS AT USER’S OWN DISCRETION AND RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADVISORY PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
ADVISORY PARTNERS MAKES NO WARRANTY THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES (A) WILL MEET USER’S REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER’S EXPECTATIONS, AND ADVISORY PARTNERS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
ADVISORY PARTNERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES. INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO USER’S PROPERTY, SUCH AS USER’S COMPUTER SYSTEM, MOBILE DEVICE OR DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
ADVISORY PARTNERS AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR USER’S USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.
UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF Advisory Partners AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO USER FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, Advisory Partners IS RESPONSIBLE TO USER ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
Advisory Partners DOES NOT LIMIT OUR LIABILITY TO USERS WHERE IT WOULD BE ILLEGAL TO DO SO. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO USER IF USER RESIDES IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ADVISORY PARTNERS’ LIABILITY WILL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Terms will be interpreted and construed in accordance with the laws of the State of [Delaware] except for its conflict of laws principles. The 1980 U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms. All disputes arising from or relating to the Agreement will be within the exclusive jurisdiction of the state and/or federal courts located within Delaware. Any claim arising from or related to these Terms must be brought in the state or federal courts located in Delaware.
Construction. In the event that these Terms conflict with a SaaS or other agreement with an employer, the provisions of that other agreement between that User and Advisory Partners shall control. The failure of Advisory Partners to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of these Terms will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word “including” means “including but not limited to”.
User Assignment Prohibited without Prior Written Consent. User may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Advisory Partners. Any attempt to assign or transfer the Terms, without such consent, will be void. Advisory Partners may assign or transfer these Terms, in whole or in part, without restriction and without providing notice to or obtaining consent from User. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
Advisory Partners will post changes to these Terms here, with the last modified date at the bottom of these Terms. If you are a registered user of the Services, Advisory Partners may also provide you with direct notice of material changes. User’s continued use of the Services indicates User’s agreement to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User may not continue to use the Services.
If you have any questions or comments about these Terms or if you wish to report a violation of these Terms, please e-mail us at [info@advisorypartners.com] or send us a letter at:
Better Business Institute
80 S 8th St, Suite 2200, Minneapolis, MN 55402
Last Modified [May] 28, 2021
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