ACCEPTANCE OF TERMS
Please read the following terms of service agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services.
Advanta IRA’s website is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained herein. By accessing this website, you agree to these terms and conditions. Advanta IRA may modify, suspend, discontinue or restrict the use of any portion of Advanta IRA’s website, including the availability of any portion of the content at any time, without notice or liability. The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Advanta IRA, also known as “Advanta,” located at 13191 Starkey Rd Ste 2, Largo, Florida 33773 and our subsidiaries and affiliates, in association with the use of the Advanta IRA website, and its services, which shall be defined below.
The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Advanta IRA. At its discretion, Advanta IRA may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Advanta IRA does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Advanta IRA shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services forthwith.
As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United State and/or other countries for storage, processing or use by Advanta IRA and/or our subsidiaries and affiliates.
All users and/or members herein agree to insure and hold Advanta IRA, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which also include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of Advanta IRA services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.
LIMITATION OF LIABILITY
You explicitly acknowledge, understand and agree that Advanta IRA and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- The use or inability to use our service;
- The cost of procuring substitute services;
- Unauthorized access to or the alteration of your transmissions and/or data;
- Statements or conduct of any such third party on our service;
- And any other matter which may be related to our
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Advanta IRA’s sites.
You do hereby acknowledge and agree that Advanta IRA services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Advanta IRA or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Advanta IRA services site(e.g. Content or Software), in whole or part.
Advanta IRA herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Advanta IRA for use in accessing our services.
You herein acknowledge, understand and agree that all of the Advanta IRA trademarks, copyright, trade name, service marks, and other Advanta IRA logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Advanta IRA. You herein agree not to display and/or use in any manner the Advanta IRA logo or marks without obtaining Advanta IRA’s prior written consent.
This TOS constitutes the entire agreement between you and Advanta IRA and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to Advanta IRA services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Advanta IRA services, affiliate services, third-party content or third- party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Advanta IRA with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Advanta IRA, shall be filed within the courts having jurisdiction within the County of Pinellas, Florida or the U.S. District Court located in said state. You and Advanta IRA agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Advanta IRA fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
In the event you have a dispute relating to our terms of service agreement, you agree to release Advanta IRA (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Advanta IRA will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Advanta IRA may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf
The Advanta IRA Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
13191 Starkey Rd., Suite 2
Largo, FL 33773