Legal Terms and Conditions of Use

 

Last updated: April 2017

Please read this page carefully. By using this website, you agree to be bound by the terms and conditions stated here. Therefore, if you cannot accept these terms and conditions, please do not use the website. CFA Institute may revise these terms and conditions at any time by updating this posting. Therefore, you should visit this page periodically to review the terms and conditions because they are binding on you.

1.      Use of Site Material
The contents of this website are protected against unauthorised use in the United States and other countries by copyright and other intellectual property laws. CFA Institute authorises you to view and download a single copy of the material on this website solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the site material. You may not sell or modify our site material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The names, marks, and logos appearing on this website are, unless otherwise noted, trademarks owned by or licensed to CFA Institute. The use of these marks, except as provided in these terms and conditions, is prohibited. If you violate any of these terms, your permission to use the site material automatically terminates and you must immediately destroy any copies you have made of the material. CFA Institute reserves all other rights it may have at law or in equity.

2.      User Generated Content

2.1 User Content. We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as “User Content” in this Agreement and is subject to various terms and conditions as set forth below.

2.2 Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organisations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analysing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the website at any time without notice. You should also be aware that other users may use our website for personal gain. As a result, please approach messages with appropriate scepticism. User Content may be misleading, deceptive, or in error.

2.3 Grant of Rights and Representations by You. If you upload, post, or submit any User Content on our website, you represent to us that you have all the necessary legal rights to upload, post, or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting, or submitting information on the website, you grant CFA Institute, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorise the use of User Content, or any portion thereof to other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the website and to allow users to request access to your User Content, such as for example through an RSS Feed.

2.4 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of our website or membership, including email accounts, postings, profiles, or other personalised information you have created while on our website.

3.      Use of Links and Logos
You do not need to request permission to create a text link from your website to the CFA Institute website. However, the CFA Institute logo may not be used without a written agreement. Please send all requests to trademark@cfainstitute.org. CFA Institute reserves the right to request the removal of any link.

4.      Liability
CFA Institute makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using the website. You use the website and its material at your own risk. Changes are periodically made to the website and may be made at any time.

This website and its material are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, CFA Institute hereby expressly disclaims all warranties, including the warranty of merchantability, non-infringement of third-party rights, and the warranty of fitness for particular purpose. In no event shall CFA Institute be liable for any damages whatsoever resulting from the use or inability to use material on this website or sites linked to this website, whether based on warranty, contract, tort, or any other legal theory, and whether or not CFA Institute is advised of the possibility of such damages.

By using this website, you agree to defend, indemnify, and hold harmless CFA Institute, its officers, directors, employees, and agents from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that CFA Institute may become obligated to pay arising or resulting from your use of the site material or your breach of these terms and conditions.

5.      Access from outside the United States (OFAC Restrictions)
The programs and services offered by CFA Institute, including those made available on our website, are subject to U.S. export control and sanctions laws and regulations. By accessing any portion of the CFA Institute website, registering for a CFA Institute program, or purchasing any goods or services offered by CFA Institute, you acknowledge and agree to abide by U.S. export control and sanctions laws and regulations and, specifically, to refrain from purchasing, accessing, extracting, or transferring any information or products contrary to U.S. export control and sanctions laws. Failure to abide by these requirements will result in the blocking of access to your user-created CFA Institute account. Furthermore, CFA Institute may not be permitted to refund any fees received from a country or person subject to U.S. sanctions without specific approval by U.S. authorities. Find more information on the sanctions issued by visiting the Office of Foreign Asset Control website.

6.      Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), all notices of alleged copyright infringement on the CFA Institute website or affiliated sites must be sent to the CFA Institute designated agent:

DMCA Agent
CFA Institute
915 E. High Street
Charlottesville, VA 22902
USA
Phone: +1 (434) 951-5499
Fax: + 1 (434) 951-5560
E-mail: dmcaagent@cfainstitute.org

To be effective under the DMCA, the notice must be a written communication and must include all of the following:

  • A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright or other exclusive intellectual property right
  • Identification of the work claimed to have been infringed
  • Description and location of the material that is claimed to be infringing
  • Contact information for the complaining party such as a mailing address, telephone number or e-mail address
  • A statement that the complaining party has a good faith belief that use of the material is not authorised by the copyright owner, its agent, or by law
  • A statement, made under penalty of perjury, that the information is accurate and that the complaining party is authorised to act on behalf of the copyright owner

7.      General
These terms and conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Any action or proceeding arising from or relating to the use of this website shall be brought and maintained only in a state or federal court in Charlottesville, VA, USA, and you consent to the personal jurisdiction of these courts. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these terms and conditions constitute the entire agreement between you and CFA Institute with respect to the use of our website. Any changes to these terms and conditions must be made in writing, signed by an authorised representative of CFA Institute.

8.      Member Directory Terms and Conditions
Use of the Member Directory is to verify an individual’s CFA charterholder status or locate a financial advisor. Some members may also allow you to contact them.

Do not use this directory for purposes such as advertising, solicitations, and mass communications.

Every effort has been made to keep the information on this website accurate and current, but it is provided with no warranty of any kind.