Terms Of Use

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.

These Terms of Use define the terms and conditions under which you’re allowed to use the Website. If you don’t agree to these Terms, you must immediately discontinue your use of 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”).

BFA uses Google Maps to provide certain features, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

If you have any questions about our Terms, feel free to contact us at support@thebestfinancialadvisors.com

 

ACCOUNT

 

1. Eligibility

In order to use the website, you must:

  1. be at least sixteen (16) years old
  2. agree to these Terms;

BFA may refuse service and change eligibility requirements at any time.

3. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice.

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.

 

RIGHTS

 

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.

 

15. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy   information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

 

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. support@thebestfinanicaladvisors.com.

 

LIABILITY

 

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.

 

24. Indemnity

To the extent allowed under applicable law, you agree to indemnify and hold BFA, its employees, members, officers, predecessors, successors in interest, agents, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made by any third party due to or arising out of or in connection with your use of the Website including, but not limited to, those arising out of any engagements of financial professionals introduced to you through the Website.

 

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.

 

28. Disclaimers

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.

 

33. Survivability

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.

 

34. Severability

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.

 

40. Notices

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.