Terms and Conditions
Please read these terms and conditions ("terms", "terms and conditions") carefully before using Adviser First Partners (the "service") operated by Adviser First Partners L.L.C. ("us", 'we", "our", “agent”). The subscriber or user of our services hereinafter known as "you”,” yours”, “your firm”, “principal”)
Conditions of Use
We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services, or make a purchase, you accept the following conditions. Therefore, we urge you to read them carefully.
Mutual Non-Disclosure Agreement (NDA)
Before you continue using our website, we advise you to read the included Mutual Non-Disclosure Agreement (NDA). It will help you better understand our principles and practices.
Content published on this website (digital downloads, documents, images, texts, graphics, logos) is the property of Adviser First Partners L.L.C. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Adviser First Partners L.L.C. with copyright authorship for this compilation by Adviser First Partners L.L.C.
Communication with us is predominately electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails within our marketing campaigns. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Laws & Disputes
Comments, Reviews, and Emails
All posted content and future changes submitted by you for our website, may be reviewed, and approved by us to prevent inappropriate use of our website. We will have the sole discretion to review your content without notification and the authority to block access by anyone who refuses to comply with the rules set forth and not abiding with expectations of common decency. Content that is deemed obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to us and/or third parties, will not be posted. We reserve all rights (but not the obligation) to remove, edit, delete, and correct any or all content on our website without your permission. Content must be free of software viruses, political and religious campaigns, and commercial solicitation outside of the intended use of our website. When you post your content, you grant Adviser First Partners L.L.C. non-exclusive, royalty-free, and irrevocable right to use, publish, and modify such content on our website throughout the world in any media that is necessary for us to conduct business.
No refunds will be issued to those who have been blocked due to inappropriate behavior. Any behavior, action, or breach, either voluntary or involuntary causing reputational, industry, financial harm, or irreparable injury to us, we shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from a court of competent jurisdiction in accordance with the applicable laws enclosed in this document.
Subscriptions, Payments and Refunds
Annual or monthly subscription payments including discretionary discounts are not prorated and are non-refundable including Outside Resources and Additional Services. Outside Resources and Additional Services, including but not limited to business solutions and insights, hourly consulting, flat fee consulting, projects, project management, due diligence, research, or other work agreed upon outside the scope of subscription services are non-refundable. All subscription services will remain active if accounts are in good standing for payment and content. We and you may cancel subscription(s) at will and all content related to you will be removed from our website. There is no guarantee of availability of future discounts. Firm and Outside Resources subscriptions are guaranteed for one year at the time of payment. Renewal subscriptions are limited to an increase of twenty percent per year unless agreed upon prior to renewal between us and the subscribing firm. Any cancelled subscription renewed within six (6) months of initial cancellation will receive all discounts and rates that were agreed upon prior to cancellation. Due to restrictions in accordance with banking regulations and Stripe, our payment processing partner, reoccurring billing can not exceed 1 year (12 months). Any discretionary duration incentives and such added to a purchase by us (i.e., 15 months for the price of 12), will be applied to the end of the original subscription period (i.e., 3 months will be added once the 12-month period ends). We will process this through Stripe by issuing a trial period for the discretionary bonus, duration, or coupon, or by delaying the next periods billing to award the discretionary bonus, duration, or coupon. The processing of the award may change to accommodate any updates or changes made by Stripe or by us. We reserve the right to change the incentives at our discretion without notification. Discretionary bonuses, durations or coupons have no monetary value and can not be gifted, sold, credited, refunded, or shared with any other party, individual, firm, company, or subsidiary.
License and Site Access
We grant you a limited access for business use of this website. You are not allowed to download or modify it. This may be done only with written and approved consent from us.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. You also have the responsibility to maintain user information with our payment vendor Stripe. Please visit Stripe.com for further details regarding your responsibilities.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Personal Information We Collect
What do we do with your personal data?
We are required to comply with any Federal and State requirements related to the protection of your data. When required, we may share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We do not sell personal data about you. We do not share your data for marketing purposes, email updates and other services with anyone outside of our firm. If outside companies perform services on our behalf, we do not share personal data with them.
Adviser First Partners maintains a fiduciary standard that parallels the industry we serve. Fiduciary creates transparency, maintains the highest standard of care, and puts the clients/customers interest first. We have, to the best of our ability, eliminated conflicts of interest as we have no revenue sharing agreements, reciprocal agreements, and receive no financial incentives to direct business to specific firms. Adviser First Partners is not owned or directed by any other companies, businesses or affiliations and we do not generate leads for the intention of offering proprietary, jointly derived or outside products providers. All providers are either listed as subscribers and/or listed on the Outside Resources section of our website. Adviser First Partners does not collect additional finders’ fees from subscribers’ portion of our services. We are permitted to enter into any agreement in the capacity of an agent, consultant, project manager, representative or business partner, with any professionals in any industry, where additional compensation in said capacity is either derived from those, we represent in said capacity or those we have engaged with on behalf of as an agent, consultant, project manager, representative or business partner. Adviser First Partners is permitted to receive direct renumeration from organizations, solutions or others who may or may not be active subscribers or users of our services at the time of contract acceptance between Principal and Agent. If Principal opts to evaluate or align with said organization, solution or others mentioned above that may be an existing subscriber, Principal will be made aware of active subscription relation to maintain full transparency. Organizations, solutions, or others may receive partial or full subscription compensation offset from direct compensation to Agent. Reimbursement particulars will be contained in the contract reached between Agent, and said organization, solution, or others. Through due diligence work, conflicts of interest may arise that were not evident initially. This may occur from acquisitions, disclosures and other information that was not apparent at a time up to and leading into discovery of possible conflicts. If a potential conflict is determined to be present, proper disclosures will be made to all parties involved to better understand and rectify prospective issues.
The Mutual Non-Disclosure Agreement (NDA) as discussed in these Terms & Conditions is fully applicable to any disclosures or remittance stated above.
Mutual Non-Disclosure Agreement (NDA)
Where us and you, hereinafter known as the “Parties”, have an interest in participating in discussions where either Party may share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”). The Parties agree that Confidential Information of a Party may include, but not be limited to either parties business plans, methods, and practices, customers, processes, products, patent applications, other proprietary rights, products and services, specifications, samples, computer programs, technical information, expenses, subscription agreements/rates, costs, engagement purpose and/or duration, future projects, terms of this agreement, copyrights, terminations, potential acquisitions, new hires and potential compliance matters and other non-public information.
The Parties agree to the following:
Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.
When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
Adviser First Partners, LLC and/or acting in the capacity of an Agent for a Principal, Adviser First Partners, LLC or Agent shall not entice away from subscribers or Principal or employ any person who is an independent contractor or employed by the Principal or subscriber during the term of Agreement, whether the person would commit a breach of his or her contract by being enticed or accepting employment with them. This shall not apply to the recruitment of such employee or independent contractor who has answered a bona fide advertisement, been recruited, or referred by an outside source to Adviser First Partners LLC or Agent or has contacted Adviser First Partners LLC or Agent though marketing campaigns, website, social media, and other sources of lead generation used to generate interested parties to Adviser First Partners LLC or Agent relationship.
The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is like the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for its products, concepts, systems, or techniques that are like or compete with the products, concepts, systems, or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party.
Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents.
Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder.
Is approved for release (and only to the extent so approved) by the disclosing Party.
Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.
Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.
This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
The Mutual Non-Disclosure Agreement shall remain in effect for a period of three (3) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.
Any behavior, action, or breach, either voluntary or involuntary causing reputational, industry, financial harm, or irreparable injury to us, we shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction set forth in the Terms and Conditions.
For more information about the contents of the Terms & Conditions, please contact us by e-mail at firstname.lastname@example.org, by phone at (855) 502-8919 or by registered mail using the details provided below:
Adviser First Partners L.L.C.
53 Assembly Dr. Unit #60
Mendon, NY, 14506
The Terms & Conditions were updated on February 15, 2022 to reflect recent any changes, additions, omissions, or corrections.