INTERNATIONAL ASSOCIATION of QUALIFIED FINANCIAL PLANNERS (“IAQFP.org”)

 

Membership Agreement (Last Updated: 01/01/2010)]

[Statement of Compliance; Affirmative Statement; Terms of Membership; Indemnification]

 

The INTERNATIONAL ASSOCIATION of QUALIFIED FINANCIAL PLANNERS (hereinafter collectively referred to as “IAQFP.org” and/or "IAQFP") Membership Agreement (hereinafter collectively referred to as “Agreement”) is made by and between IAQFP.org, and any Applicant for IAQFP.org Membership, existing IAQFP.org Member, or IAQFP.org Renewing Member or Registered QFP or IAQFP.org Listee applying for Membership. All IAQFP.org Members are deemed to have carefully and thoroughly read, fully understood, and to have fully accepted to adhere to and to be bound by the terms of this Agreement.

 

IAQFP.org has a responsibility to reasonably assure the public that its IAQFP.org Members and its Registry listed QFPs, as listed in the IAQFP.org QFP Verification Registry of Qualified Financial Planners, are in good standing as evidenced by their having met all IAQFP.org affiliation and/or Membership requirements, terms, and conditions. The public can both verify & find Affiliated QFPs through our public QFP Verification Registry, and all QFP that are in that Registry database agree to at all time follow the terms of IAQFP.org Affiliation, and/or Membership, as described in this Agreement, Bylaws, Articles of Association, the IAQFP.org website(s) and elsewhere.

 

The QFP designation is conferred in recognition of your having earned specified qualifications as a Financial Planner and therefore you will always be a QFP; however, in order to best protect the public interest we only include in the Registry those QFP that are in continuous compliance with the terms of this Agreement and who maintain active Membership in IAQFP.org (as applicable), and/or those who at all times adhere to the QFP Designation Usage Requirements & Advertising Guidelines(retirees who are in good standing are exempt from the payment of any Dues, as are Lifetime Membership Awardees).

 

I. Statement of Compliance:

 

I, as an applicant for IAQFP.org Membership, and/or as an existing or renewing IAQFP.org Member, or a person granted use of the QFP Designation, hereby agree & affirm that I am now, and shall so remain throughout my IAQFP.org Membership or QFP Designation usage, in compliance with all of the matters set out in this Agreement and also summarized herein below and otherwise also generally known and referred to as “IAQFP.org Standards” as they may exist from time to time:

 

I have completed IAQFP.org Board approved education & examination having earned one or more of the IAQFP.org accepted designations of Financial Planning.

 

I have a minimum of three years experience in the field of Financial Planning.

 

I subscribe to, and will at all time follow, the then current IAQFP.org - CODE OF ETHICS & PROFESSIONAL CONDUCT.

 

I will adhere to the IAQFP.org - QFP Designation Usage & Advertising Guidelines.

 

I will annually conclude not less than 15 hours (or 30 hours every 2 years) of continuing professional education covering a broad spectrum of such Financial Planning topics as: Principles of Financial Planning, Insurance Planning, Investment Planning, Tax Planning, Retirement Planning, and Estate Planning (this is a non-duplicative requirement).

 

I will at all times adhere to and be bound by IAQFP.org Standards to include but not be limited to acceptance and observance of IAQFP.org Disciplinary & Complaint Procedures as overseen and applied by the IAQFP.org Ethics Committee and Board of Directors.

 

I will at all times adhere to the terms of the IAQFP.org Membership Agreement (as applicable).

 

II. Affirmative Statement:

 

I affirm that no Federal regulatory agency, State regulatory agency, or foreign regulatory authority has ever found me in non-compliance or violation of their rules or regulations resulting in my authority being revoked or suspended (suspensions over 10 years old at the time of your IAQFP.org application or renewal, that have since been fully resolved to include full restoration of your authority, do not apply). I affirm that it is solely my responsibility to immediately and timely inform IAQFP.org, in writing, should I fall out of compliance with any of the terms of this Agreement, or of IAQFP.org Membership generally, including but not limited to IAQFP.org Standards.

 

III. Terms of Membership - Overview:

 

You wish to join or renew as an IAQFP.org Member, and as such to participate in and to make use of IAQFP.org resources. In order to be accepted as a Member, you hereby agree to abide by all of the terms and conditions contained within this Agreement.

 

IAQFP.org includes persons in good standing in their Internet based public QFP Verification Registry of Qualified Financial Planners, which facilitates the public desire and need to both verify and find Qualified Financial Planners who are duly qualified by exam, education, experience, and ethics. The QFP Verification Registry consists of those who have earned designations or credentials specific to the field of Financial Planning and that are verified and accepted by IAQFP.org, those who meet ongoing IAQFP.org continuing education requirements, those who at all times follow the IAQFP.org – Code of Ethics & Professional Conduct & the QFP Designation Usage Requirements & Advertising Guidelines, and other Rules & Regulations of IAQFP.org, as amended from time to time, and as contained in this Agreement and elsewhere, and as generally known as the IAQFP.org Standards.

 

The QFP Verification Registry, and IAQFP.org website, facilitates the verifying and locating of QFPs for the public, while also promoting the organization, Member & Registrant interests, and knowledge and information related to the profession of Financial Planning as distinct from the more generalized financial services fields.

 

MEMBERSHIP TERMS & CONDITIONS:

 

In consideration of my initial or renewing Membership in IAQFP.org, I certify that:

 

I consent to be governed by the Bylaws and to conform to the IAQFP.org Code of Ethics & Professional Conduct and to the duly adopted policy positions of IAQFP.org.

 

I have never been found guilty of any violation of any finance or insurance law or regulation, or any other State or Federal law (except minor traffic violations), and have never been disciplined by, or expelled from, or refused Membership in IAQFP.org, or other similar organization(s).

 

I agree that neither IAQFP.org nor its individual Members, officers, directors, agents or employees shall be liable to me, individually or jointly, if this application for Membership is rejected, cancelled, non-renewed or non-extended, or for the consequences of any disciplinary action which may be sought or taken against me under the IAQFP.org Bylaws or Amendments thereto or any disciplinary or penal action which may be sought or taken against me under the laws of this or any other State or jurisdiction, or for any statement which the Association or any of said individuals may issue relative to any such action; provided, however, that nothing herein contained shall exonerate the Association or any of said individuals from liability to me for its or their gross negligence or willful misconduct.

 

I am currently properly and legally licensed as a person providing Financial Planning related products and/or services to the general public by the State in which I reside, and/or by the Federal government and for all such activities that are directly or indirectly so related to such business services.

 

As a benefit of Membership, I understand and agree that IAQFP.org will seek to keep me informed of industry matters and Association programs, promotions and updates through a variety of sources, but primarily through its website, news bulletins and email.

 

I understand and agree that my application for Membership will be declined, cancelled, non-renewed or non-extended if it does not obtain a majority vote of the IAQFP.org Board of Directors, or in the opinion of the Board of Directors, I am or will be unable or unwilling to conform to any of the foregoing requirements.

 

Relationship of Parties:

 

Once a "Member" you are only conferred Member benefits, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf, unless so authorized by the Board, in writing, from the then presiding Board Chairman, except in cases where you are serving as a Board Member or Chair or Co-Chair of an IAQFP.org approved Committee, and then only by a majority approval of the then current Board of Directors. You will not make any statement, whether on your own website, marketing materials, or otherwise, that reasonably would contradict anything in this Agreement.

 

Limited License to Use of the QFP Designation:

 

IAQFP.org grants you personal Permission, non-sub-licensable, non-exclusive permission to use the QFP designation, and to participate in IAQFP.org. As part of the Permission, you will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and Memberships posted or provided by IAQFP.org, and IAQFP.org grants to you personal, non-sub-licensable, non-exclusive permission to use that content from IAQFP.org for individual personal use only. All other use of the content, including but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another website, mirroring the Permission of IAQFP.org, or in any other way exploiting any of the content, in whole or in part, is prohibited without first obtaining IAQFP.org written consent by a Vote of a majority of its then acting Board of Directors.

 

You are free and encouraged, if in good standing, to use the QFP Designation in your business marketing materials (business cards, letterhead, email and web site, and to provide a link or reference to IAQFP.org and/or the QFP Verification Registry of Qualified Financial Planners.

 

The Permission – Resources and/or Content:

 

All resources provided by IAQFP.org may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any copyright, filed in use, or intellectual property rights of any country including the United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue.

 

In consideration of your compliance with the terms and conditions of this Agreement, IAQFP.org agrees to provide the Permission to you. Use of the Permission constitutes your full agreement with the terms and conditions of this Agreement. You shall not rent, sell, lease or otherwise transfer the Membership for the benefit of a third party, and you will not utilize the Membership in a manner that violates our conditions or applicable laws of your jurisdiction. You hereby affirm that you do not work for, and do not constitute, a government agency or body.

 

IAQFP.org reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in the Permission or this Agreement will be posted on the Web, or sent via e-mail. IAQFP.org may change, suspend or discontinue any aspect of the Permission at any time, including the availability of any Permission feature, database or content. IAQFP.org may also impose limits on certain features and resources, or restrict your access to parts or all of the Membership without notice or liability. IAQFP.org is not responsible for guaranteeing the delivery of emails, other communications, or Memberships sent through the Internet, any of its resources or otherwise. IAQFP.org will not be responsible for any delays, blocks, or filters associated with email delivery, Internet functionality, or otherwise.

 

If these operating guidelines or any future changes are not acceptable to you, or cause you no longer to be in compliance with this Agreement, you are to cancel your Membership immediately upon such non-compliance by sending an email to info@IAQFP.org; however, Membership Dues are non-prorated & are non-refundable. Your continued Membership in IAQFP.org now, or following the posting of notice of any changes in the terms and conditions of this Agreement, shall constitute a binding acceptance by you of such rules, changes or modifications. Your right to use the Membership or any Permission is at all times subject to any limits established by IAQFP.org in its sole discretion.

 

Registration for Membership, Password and Security:

 

IAQFP.org limits one Membership account per person, and one QFP Designation per person. You may not assign Membership or your QFP Designation to anyone. To become a Member so you can use IAQFP.org resources, you must register by providing us with current, complete and accurate information as prompted by the Registration and/or Membership Application Form and/or Renewal Form. Members will also choose a Password, with their User Name being their business E-mail address. You shall provide IAQFP.org with accurate, complete and updated registration information. You shall not knowingly provide inaccurate information with the intent to create a false identity. You agree and shall not provide false or misleading information in the input form(s), this includes, but is not limited to, listing designations that you have not earned, providing false e-mail address in any "FROM: field" on outgoing emails; etc. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

 

You agree not to provide false or misleading information on the Membership sign-up Form, or within the QFP Verification Registry when doing updates to your Registry Record, and this includes, but is not limited to, providing false name, credentials, Broker/Dealer, e-mail address, or any exaggerated, false or misleading statements in any "Services Description" section of the Registry.

 

You agree to notify IAQFP.org immediately of any unauthorized use of your account or any other breach of security. You agree that IAQFP.org is the neutral host of the resources and has no responsibility or liability in relation to the business opportunities that you represent as part of your use of the Permission, Membership, QFP Designation or QFP Verification Registry, etc.

 

You shall notify IAQFP.org at info@IAQFP.org of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you (which is prohibited except in the case of IAQFP.org itself or its’ staff) to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by IAQFP.org and referral to the appropriate law enforcement agencies. You acknowledge and agree that you will promptly notify IAQFP.org if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the Permission provided by IAQFP.org.

 

IAQFP.org reserves the right to send e-mail to you for the purposes of informing you of applicable offers, changes or additions to Membership, or any related products, and about any Membership, organizational matters, or matters that it is championing or commenting upon.

 

Member Privacy:

 

It is IAQFP.org policy to respect the privacy of its Members. IAQFP.org will not monitor, edit, or disclose any personal information about you or your account (except as it exists at any given moment within the publicly viewable QFP Verification Registry), including its contents, without your prior permission unless IAQFP.org has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of IAQFP.org; (3) enforce this Agreement or protect IAQFP.org business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by IAQFP.org; (4) respond to request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the Membership in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of its Members or others; (6) to provide supporting Vendors, Sponsors or Contributors with a means to inform you of their services or offerings. IAQFP.org Membership transmits your name and/or email address with each message that you send. For more information, see our PRIVACY POLICY in the Terms of Use section of our website at www.IAQFP.org. You agree that IAQFP.org, and its staff, may access your account, including its contents, as stated above, and/or to respond to Membership or technical issues, or to, in general, manage & maintain your Membership information record(s) without limit and as needed from time to time.

 

Member Conduct:

 

IAQFP.org retains the right, at its sole discretion, to determine whether or not a Member’s conduct is consistent with the letter and spirit of this Agreement and any and all other IAQFP.org affiliation criteria and may terminate Membership if a Member's conduct is found to be inconsistent with the Agreement. IAQFP.org retains the right, at its sole discretion, to determine whether or not a Member’s conduct is consistent with the letter and spirit of the terms of the IAQFP.org Membership Agreement, or Conditions, Policies or Procedures of IAQFP.org, and may terminate Membership if a Member’s conduct is found to be inconsistent with said Terms of Agreement and/or Conditions and/or Policies, Procedures, and/or any Permission.

 

Any unauthorized use of the Membership database, or the resale of Membership information, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your Membership, including the content of your transmissions through the Membership. By way of example, and not as a limitation, you agree not to:

 

Use Membership data in connection with chain letters, junk email, pyramid schemes, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise);

Harvest or otherwise collect information about others, including email addresses, without their consent;

 

Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

 

Transmit through the Membership unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

 

Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

 

Libel, defame or slander any person, or infringe upon any person's privacy rights;

 

Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, "Phishing" or any other harmful or deleterious programs;

 

Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Membership;

 

Interfere with or disrupt networks connected to the Membership or violate the regulations, policies or procedures of such networks;

 

Attempt to gain unauthorized access to the Membership, Board Only web pages, other accounts, computer systems or networks connected to the Membership or IAQFP.org, through password mining or any other means;

 

Interfere with another Member's use and enjoyment of the Membership or another entity's use and enjoyment of similar Memberships; or engage in any other activity that IAQFP.org believes could subject it to criminal liability or civil penalty or judgment.

 

Email:

 

You agree to receive any and all type of e-mail messages from IAQFP.org, and these may include, but are not limited to, our Newsletter, Membership updates, news about the profession or our Association, Deliberations, Vote Calls, etc.

 

Membership Dues:

 

IAQFP.org also reserves the right to at any time charge or change Dues for Membership, and/or to access a Membership or the Membership as a whole. In the event that IAQFP.org so elects, it shall post a notice at an appropriate location on the IAQFP.org website. If you apply for or renew IAQFP.org Membership, or purchase any other item from IAQFP.org, you authorize IAQFP.org to utilize its merchant account provider(s) to charge your account provided during the Membership application, renewal or a purchase process. You authorize IAQFP.org to charge your account an annual Membership Dues fee. It is your responsibility to keep your payment information accurate and payments current with IAQFP.org. If a payment cannot be processed, you will be given 7-days to rectify the situation and make the payment. Failure to rectify the situation this stated timeframe will result in a cancellation of the account as described below as well as the imposition of a Re-Activation Late Fee. All such charges must be timely paid or your listing in the QFP Verification Registry will be deactivated until such charges are paid in full. IAQFP.org shall not issue any type of full, partial, or pro-rated refund, at any time, including but not limited to any notice of cancellation, deactivation or termination.

 

Cancellation:

 

You may cancel Membership at any time by sending an email to info@IAQFP.org. Upon termination, your access to the Membership will be suspended. You are responsible for all actions and charges incurred up to the time that the account is deactivated. Member site name and password must be included in the cancellation request. Cancellation will take effect only when IAQFP.org confirms the receipt of the cancellation request. It is your responsibility to cancel your account and provide direct notification via email to IAQFP.org at info@IAQFP.org. Cancellation of your Membership shall NOT automatically cancel your Agreement with IAQFP.org. Once your cancellation request has been received by IAQFP.org, your account (and all future charges) will be canceled within 48 hours. No refunds or partial refunds are provided under any circumstances. You agree that IAQFP.org has the right or option to delete all data, files, or other information that is stored in the Member's account if either IAQFP.org or the Member cancels or terminates the Member’s account for any reason.

 

Termination:

 

IAQFP.org may, in its sole discretion, terminate or suspend your access to all or part of the Membership for any reason, including without limitation, breach of this Agreement. Upon termination, you shall no longer be entitled to use the Membership and any use granted hereunder shall terminate and you shall immediately return or destroy all Proprietary Information, but the terms of this Agreement will otherwise remain in effect (i.e. Disclaimer of Warranties, Limitation of Liabilities, Indemnification, etc.).

IAQFP.org does NOT warrant that the IAQFP.org website(s) and related websites and/or Memberships will be error free or uninterrupted, and we will not be liable for the consequences of any interruptions or errors. IAQFP.org website and Membership is distributed on an "as is" basis without warranties of any kind, whether expressed or implied. IAQFP.org shall not be responsible for ANY losses, damages or costs that you and/or your business may suffer when using the IAQFP.org websites and related websites, Permission, QFP Designation and/or Membership.

 

Responsibility of Content:

 

IAQFP.org has no control over Vendor, Sponsor, or other links throughout the IAQFP.org website. IAQFP.org provides these links for their Members, and the inclusion of any link does not imply any endorsement by IAQFP.org of the linked sites, their content, their owners, or their offerings. IAQFP.org makes no representations whatsoever about any other website which you may access through the Membership or the IAQFP.org website. When you access a non-IAQFP.org website or page or link, please understand that it is independent from IAQFP.org, and that IAQFP.org has no control over the content on that website.

 

Non-Assignability:

 

Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be null and void and without effect. System accounts cannot be transferred or used by anyone other than the Member. Accounts, which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation. You are not allowed to let others access and use the Membership, nor make your password visible to others. You may not attempt to find out the password of another user of the Membership or of the website.

 

Modification:

 

We may modify any of the terms and conditions contained in this Agreement, at ANY time and in our sole discretion. The posting of this Agreement on our website is notice of any change or modification and is effective as posted on any given date. If any modification is unacceptable to you, or if you are dissatisfied with the Membership or with any terms, conditions, rules, policies, guidelines, or practices of IAQFP.org in operating the Membership, your only recourse is to terminate this Agreement by canceling your Membership. Your continued participation in the program following our posting of a change notice or of a new or modified Agreement on our website will constitute binding acceptance by you of the change(s).

 

Force Majeure:

 

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of such party.

 

Submitting Articles or Other Writings:

 

By submitting Financial Planning or topical articles or other writings (including but not limited to IAQFP.org public forums, bulletin board, Press Releases, or QFP JOURNAL Online, etc.) you automatically grant to IAQFP.org a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, publish, translate, or display such “information” (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information. By submitting or importing such information into IAQFP.org, you acknowledge and agree that said information might be used by IAQFP.org as it deems necessary. You also agree that if you cease to be a Member of IAQFP.org, you lose all rights and exclusivity to any such information that was imported or used in any manner by IAQFP.org. IAQFP.org may sell, delete, modify, edit or remove said information from IAQFP.org resources. Although IAQFP.org provides some encryption to protect certain personal information, which is or may be transmitted, you understand that your information and transmissions may be intercepted and used, and that all the risk associated therewith is solely yours. You shall not upload to, distribute to or otherwise publish through the Membership any information, which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. IAQFP.org does not and cannot review every message posted in its community "Forums", or that is emailed by you; therefore, you will remain solely responsible for the content of such postings and email and not IAQFP.org.

 

Idea, Article, or Other Submissions:

 

IAQFP.org both welcomes and encourages specific comments regarding the Membership, as well as Financial Planning matters and articles. If you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), the Information will be deemed, and will remain, the property of IAQFP.org. None of the information will be subject to any obligation of confidentiality on the part of IAQFP.org and IAQFP.org will not be liable or owe any compensation for any use or disclosure of the Information.

 

Proprietary Information:

 

You acknowledge that, in the course of using the Membership, you will obtain information relating to the Membership and/or to IAQFP.org ("Proprietary and/or Members Only or Board Only Information"). Such Proprietary Information shall belong solely to IAQFP.org and includes, but is not limited to, the private deliberations and dealings of the Members and/or Board. In regard to this Proprietary Information you agree not to use (except as expressly authorized by this Agreement), or to disclose Proprietary Information without the prior written consent of the then current Chairperson of IAQFP.org, or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by you.

 

Arbitration:

 

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our Members or staff shall be submitted to confidential arbitration in Los Angeles County, California except that, to the extent you have in any manner violated or threatened to violate our intellectual property or copyrights, we may seek injunctive or other appropriate relief in any State or Federal court in the State of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other Los Angeles, California court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Miscellaneous:

 

The laws of the United States, and the State of California shall govern this Agreement, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement does not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

 

IAQFP.org Copyrights:

 

Any and all content on the IAQFP.org website and related sites, including but not limited to text, graphics, logos, the QFP designation and Qualified Financial Planner designation, picture images, audio files, video files, multi-media, music, sound, intellectual property and software is the property of IAQFP.org and is protected by U.S. and international copyright and trademark laws. No part of the website or related websites may be reproduced or transmitted in any form or by any means without prior written permission from IAQFP.org, and then only by majority vote of its then acting Board of Directors. IAQFP.org copyright notice (Copyright © 2003-2010 and/or later years by IAQFP.org or www.IAQFP.org). All rights reserved. or All Rights Reserved) appears to remind you that everything on the IAQFP.org site(s), or otherwise, is owned by IAQFP.org and protected by copyright as a collective work or compilation (or both) with the exception of works identified by someone else's copyright, trade or services notice or mark notice.

 

Inurnment:

 

The provisions of this Agreement are binding on you and inure to the benefit of the successors and assigns of IAQFP.org. IAQFP.org may assign this Agreement at any time in its sole and absolute discretion and without your consent.

 

Independent Investigation:

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Association and Membership and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. By clicking on the "Accept" box or depressing the "Submit" button on any IAQFP.org Membership Application or data input Form, and/or by accepting or otherwise using IAQFP.org Membership, you affirm your full and complete acceptance of this Agreement and its terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, then you are not eligible to become or remain an IAQFP.org Member. Should you have any questions concerning this Agreement contact IAQFP.org at: info@IAQFP.org

 

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:

 

IAQFP.org makes no warranties of any kind, whether expressed or implied, for the Membership it is providing or regards the QFP Designation. IAQFP.org also disclaims any warranty of merchantability or fitness for a particular purpose. IAQFP.org will not be responsible for any damage suffered, this includes loss of data resulting from delays, non-deliveries, missed-deliveries, or Membership interruptions caused by IAQFP.org negligence or the Member’s errors or omissions. Use of any information obtained via IAQFP.org is at your own risk. IAQFP.org specifically denies any responsibility for the accuracy or quality of information obtained through it or any Membership.

 

IAQFP.org DOES NOT WARRANT THAT THE MEMBERSHIP WILL BE ERROR FREE OR UNINTERRUPTED. THE MEMBERSHIP IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IAQFP.org WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE MEMBERSHIP OR THE QFP DESIGNATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS IAQFP.org FROM ANY AND ALL CLAIMS RESULTING FROM YOUR USE THE MEMBERSHIP OR THE QFP DESIGNATION. YOU EXPRESSLY AGREE THAT USE OF THE MEMBERSHIP IS AT YOUR SOLE RISK. IAQFP.org, OR ITS' MEMBERSHIP PROVIDERS, AGENTS, LICENSORS, STAFF, VENDORS, SPONSORS, OR EMPLOYEES SHALL NOT HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE MEMBERSHIP, QFP DESIGNATION, PERMISSION, REGISTRY, ETC.

 

You agree to indemnify, defend, and hold IAQFP.org and its Members, officers, directors, staff, employees and agents (collectively, "IAQFP.org") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorneys' and/or court fees) directly or indirectly arising from or relating to your use of the Permission, the QFP Designation or your IAQFP.org Membership, and any dispute relating thereto. You agree that IAQFP.org may rely on any data, notice, instruction or request furnished to IAQFP.org by you, which is reasonably believed by IAQFP.org to be genuine and to have been sent or presented by a person reasonably believed by IAQFP.org to be authorized to act on your behalf. You expressly agree to indemnify and hold harmless IAQFP.org from ANY claims resulting from your use of the IAQFP.org websites, related websites, and resources in general, and/or Membership (“resources”). You expressly agree that use of any and all IAQFP.org “resources” is at your sole risk and you understand such risks are an inherent part of business and your relationship with IAQFP.org. You expressly agree that neither IAQFP.org nor its’ Membership providers, Members, licensors, staff, employees, vendors, and/or contractors shall have ANY liability for ANY damages suffered by you, your business, or ANY other 3rd party as a result of the use or misuse of the websites and related websites, resources, Permission, and/or Membership.

 

I, as a new or renewing IAQFP.org Member, hereby agree to defend, indemnify, and hold IAQFP.org harmless from all obligations, costs, fees, losses, liabilities, claims, penalties, judgments, actions, damages and expenses including, but not limited to, those at any time or from time to time, paid, suffered, incurred or sustained by IAQFP.org which arise out of or relate to (a) my error, omissions, negligence, intentional wrongdoing, breach of duty and/or any activity by me conducted outside the scope of my affiliation with IAQFP.org, including any and all Memberships, Permission, Registrations, Agencies, Employment or functions directly or indirectly related to financial planning (i.e. advising, consulting, preparing formal or informal written or verbal “plans”, selling or otherwise charging for or providing for the sale or purchase of securities, investment products, appropriately licensed and registered insurance activities (variable, fixed, life and disability) and appropriately licensed and investment advisory activities). This includes, but is not limited to, the cost and expenses incurred by IAQFP.org, costs and expenses to include, but not limited to, reasonable attorney's fees, expert witness fees, costs of reports and analyses, costs of travel and accommodation expenses, deposition and trial transcripts, and costs of court or arbitration incurred at any time by IAQFP.org in seeking to enforce the terms of this Agreement or for damages for its breach. Your Membership in IAQFP.org, and/or use of the QFP Designation, constitutes your acceptance, in full, of all of the matters contained within this Agreement.

 

Entire Agreement:

 

This Agreement constitutes the entire agreement between IAQFP.org and you pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Any modifications of this Agreement must be in writing and posted on the IAQFP.org website under the titles of either IAQFP.org Membership Agreement, Agreement, or Membership Agreement. Should any provision of this Agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this Agreement shall remain unaffected thereby unless otherwise stated. The terms and conditions of this Agreement supersede all previous representations, understandings or Agreements and shall prevail notwithstanding any variance with terms and conditions of any Membership application or Agreement submitted. Membership in IAQFP.org constitutes complete and full acceptance of all of the terms and conditions of this Agreement.