Thanks for using BFA.
Please read these Terms carefully. By using BFA or submitting your information, you’re agreeing to these Terms, which will result in a legal agreement between you and BFA (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. BFA (“BFA,” “we,” or “us”) is an online marketing platform (the “Service”) offered through the URL www.thebestfinancialadvisors.com (we’ll refer to it as the “Website”) that allows you to send in information about yourself in order to talk to a qualified financial professional about your desired financial interests. BFA is a part of Pennsylvania limited liability company whose legal name is Market Domination Strategies, LLC d/b/a BFA. MDS and BFA has employees, independent contractors, and representatives (“our Team”). You are not a customer of BFA if you submit your information via the website.
Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”).
If you have any questions about our Terms, feel free to contact us at firstname.lastname@example.org
In order to use the website, you must:
- be at least sixteen (16) years old
- agree to these Terms;
BFA may refuse service and change eligibility requirements at any time.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships or finances. You agree to resolve any account-related and/or financial disputes directly with the financial professional (other party) that you engaged with. You agree to hold BFA, it’s parent company MDS, all of MDS’ entities, and all of its employees, shareholders, partners, owners, harmless as it pertains to any relationship – personal and/or professional that you establish with a financial professional – even if you were connected to that financial professional through BFA.
13. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide you with an introduction to a financial professional. Proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
14. Proprietary Rights Owned by You
You represent and warrant that you have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to BFA.
18. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. email@example.com.
22. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service to meet with a financial professional
23. No Warranties
To the maximum extent permitted by law, we provide the Website as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or introduction to a financial professional, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law. Since people use our website for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your involvement with a financial professional you were introduced to by BFA, (b) your violation of any laws or regulations, (c) any misrepresentations made by you, or (d) a breach of any representations or warranties made by a financial professional we introduced you to.
25. Legal Fees and Expenses
If you file an action against BFA claiming we breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
26. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, financial professionals, linked websites, or other Members.
31. Choice of Law
The State of Pennsylvania laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Bucks County, Pennsylvania, and each party will be subject to the jurisdiction of those courts.
32. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the website from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
39. Notification of Security Breach
In the event of a security breach that may affect you we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website.
41. Entire Agreement
The Agreement and any you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
Congratulations! You’ve reached the end.
Thanks for taking the time to learn about BFA’s policies.
Updated September 7, 2018.