Welcome to AskYourInvestmentAdvisor.com
ABOUT THE SERVICE
The Service is intended to assist you formulate detailed questions that you can then ask your current financial service provider or GFG. In doing so, the Service provides you with sample language to include in an e-mail that can be sent to either your current financial service provider or to GFG. Such language is written from a technical, knowledge-based perspective and is intended to help you get the most complete and accurate response to your questions. Before sending any email from the Site, you will have the option to review and edit the email and can either send or not send the email. It will be your responsibility to tailor the email to reflect a tone that is consistent with your prior communications with your financial advisor. Drafts of unsent e-mails and copies of e-mails sent using the Service may be saved, edited and viewed by accessing the Service’s “dashboard feature” that is available to registered users. Please note that any replies to the e-mails you send using the Service will not be received by the Service but will instead be sent directly to your own email account by the party sending the reply.
SERVICES PROVIDED BY GFG
You may also use the Service to request a second opinion or other financial service from GFG which is referred to in this site as the “independent advisor”. As an independent advisor, GFG is under no obligation to provide any type of financial service under this user agreement. In the event you request financial advice or a second opinion from GFG, you may be required to enter into a separate agreement with GFG for such services.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 18 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service (a “registered user”), you will be asked to create a personalized account with a unique “user name” and password to access the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. GFG is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. GFG has the right to suspend or terminate any person’s continued use of the Service at any time and for any reason. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Your permission to use the Service is conditioned upon the following “Use Restrictions and Conduct Restrictions.” You agree that you will not under any circumstances:
- Modify any sample question or email created by the Service to include additional language that is abusive, false, malicious, accusatory, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
- Send a quantity of emails to your financial advisor or to GFG that is excessive under the circumstances;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account – regardless of whether or not they give you their permission;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to scrape, spider or crawl the Service or harvest or manipulate data; or
- Use the Service for business purposes unrelated to your own brokerage account.
EMAILS SENT BY THE SERVICE ARE NOT ENCRYPTED
Please be aware that emails sent by the Service are not encrypted and that they can generally be intercepted and read by third-parties. To protect yourself from identity theft, you are advised, and hereby agree, to take the following precautions when using the Service:
- In any email sent by the Service, do not include your account number, account password, date of birth or social security number. This personal information should also not be saved on the Site.
RESPONSIBILITY FOR EMAIL CONTENT SENT BY THE SERVICE
You are solely responsible for your account and the activity that occurs while signed in to or while using the Service. GFG does not, and cannot, pre-screen or monitor all use of the Service. By using the Service, you agree that any liability, loss or damage that occurs as a result of your use of the Service is solely your responsibility. By way of example, it is possible that your financial advisor may elect to discontinue your relationship with him or her and may take offense at your inquiries and questions.
GFG does not guarantee the accuracy, completeness, or usefulness of any information on the Service. GFG takes no responsibility and assumes no liability for any user content that you or any other user or third party sends over the Service.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, GFG may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. GFG has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by GFG, and GFG is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by GFG. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
You acknowledge and agree that GFG retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners.
CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about GFG and special offers. You may opt out of such email sending an email to Support@AskYourInvestmentAdvisor.com or mail to the following postal address:
Opt Out Request
Customer Support: AskYourInvestmentAdvisor.com
P.O. Box 22128
Houston, TX 77227
Opting out will prevent you from receiving messages regarding GFG or special offers.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GFG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GFG MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
LIMITATION OF DAMAGES; RELEASE
IN NO EVENT SHALL GFG, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, ACTUAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GFG OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GFG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
If you have a dispute with your financial service provider, you release us (and our officers, directors, agents, employees and attorneys) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
By agreeing to these Terms of Service, you hereby irrevocably and unconditionally waive, discharge, and forever release GFG, GFG’s employees, officers, directors, attorneys, managers, members, and their successors and assigns, from and of any and all claims, causes of action, allegations or assertions that you have or may have had at any time up through and including the date of your last use of the Service, against any or all of the foregoing, regardless of whether any such claims, causes of action, allegations or assertions are known to you or whether any such claims, causes of action, allegations or assertions arose as a result of GFG’s actions or omissions in connection with the Site, INCLUDING ANY CLAIMS, CAUSES OF ACTION, ALLEGATIONS OR ASSERTIONS RESULTING FROM GFG’S OWN NEGLIGENCE, except and to the extent (but only to the extent) caused by GFG’s gross negligence or willful misconduct.
By agreeing to these Terms of Service, you hereby agree to indemnify, defend, and hold harmless GFG from and against any and all liability, damage, loss, cost, or expense (including, without limitation, attorneys’ fees and expenses, whether inside or outside counsel is used), action, proceeding, claim or dispute incurred or suffered by GFG, whether voluntarily or involuntarily incurred or suffered, in respect of the following: (a) any litigation concerning the Site, the Service or this user agreement, whether or not any such litigation is prosecuted to a final, non appealable judgment; (b) any dispute between you and GFG or between you and your financial advisor that relates in any way to your use of the Service; (c) any action taken or not taken by GFG which is allowed or permitted under this user agreement and relates to your use of the Service; and (d) any action brought by you against GFG, whether or not such action is prosecuted to a final, non appealable judgment INCLUDING ANY CLAIMS, LOSSES, COSTS, DAMAGES, LIABILITIES, OBLIGATIONS AND EXPENSES RESULTING FROM GFG’S OWN NEGLIGENCE, except and to the extent, but only to the extent, caused by GFG’s gross negligence or willful misconduct. GFG may employ an attorney or attorneys to protect or enforce any rights, remedies or recourses under this user agreement and to advise and defend GFG with respect to any such actions and other matters. You agree to reimburse GFG for its attorneys’ fees, whether inside or outside counsel is used, and expenses (including expenses and costs for experts) immediately upon receipt of a written demand therefor, whether on a monthly or other time interval, and whether or not an action is actually commenced or concluded. Unless otherwise specified herein, all reimbursement and indemnity obligations hereunder shall become due and payable upon demand and shall bear interest from the date paid by GFG until reimbursed at the highest per annum rate of interest permitted by law. The provisions of this paragraph shall survive any termination of your account.
If any part of this user agreement is held invalid or unenforceable, that portion of the agreement will be construed in a manner that is consistent with applicable law, and the remaining portions of the agreement will remain in full force and effect as written. Any failure on the part of GFG to enforce any provision of this user agreement will not be considered a waiver of our right to enforce such provision in the future. GFG’s rights under this user agreement will survive any termination of the agreement.
WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY KNOWINGLY, INTENTIONALLY, IRREVOCABLY, UNCONDITIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SITE OR THIS USER AGREEEMENT OR ANY CONDUCT, ACT OR OMISSION OF GFG OR ANY OF ITS MANAGERS, OFFICERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS OR ATTORNEYS, OR ANY OTHER PERSONS AFFILIATED WITH GFG, IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
- INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your name and email, which you submit to us through the registration process at the Site. Personal Information also include the content of any e-mails you send from the Service including the names and e-mail addresses of the recipients. These e-mails are accessible to you by accessing the Dashboard feature after you provide your login credentials.
- Information collected via Technology
In an effort to improve the quality of the Service, we may track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We may track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.
The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
- Information you provide us by registering for an account
- HOW WE USE AND SHARE INFORMATION
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
- YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
- LINKS TO OTHER WEBSITES
VII. CONTACT US