Thank you for being part of our Certified Financial Planner Board of Standards, Inc. (“CFP Board”) Candidate Forum community (“Community”). This is a great medium with which to solicit the advice of your peers, benefit from their experience, and participate in an ongoing conversation.
1. Acceptable Use and Content
CFP Board does not control, monitor, moderate or endorse any content found on the Community and disclaims all liability with regard to the Community and any actions resulting from your participation in the Community. You are solely responsible for your actions, conduct and content when using the Community. CFP Board reserves the right to prohibit certain conduct, remove any content at its sole discretion, and administer the Community. Therefore, you agree not to:
• Challenge or attack others. The discussions and comments are meant to stimulate conversation, not to create contention. Let others have their say, just as you may.
• Post any commercial messages on the Community.
• Use the Community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other duplicative or unsolicited messages.
• Violate the legal rights of another party such as infringing another’s intellectual property.
• Discuss a particular financial product.
• Use defamatory, abusive, profane, threatening, offensive, or illegal language or materials when using the Community.
• Impersonate any person or entity while using the Community.
• Use the Community to compile commercial, political or charitable mailing lists or to facilitate the transmission of spam, junk mail, chain letters or other obscene content.
• Collect or store the personal data of other Community users.
• Upload any content that may damage the operation of the Community or another person’s property.
• Impinge on another user’s ability to use the Community.
• Violate any applicable laws or regulations.
• Provide access to the Community to any unauthorized third-party.
• Post or disclose specific exam question content or any other information that will enable others to discern the specific content of the CFP® Certification Exam
• Post any content that encourages or facilitates users of the Community to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade.
2. License to Use Community Posts
You hereby grant CFP Board a perpetual, irrevocable, worldwide, royalty free, nonexclusive, and fully sub-licensable right and license to use, reproduce, distribute, and create derivative works of all content you post to the Community. You warrant by posting content on the Community that you own, control or otherwise have the rights necessary to post the content and to grant CFP Board the license set forth above.
3. Discussion Group Etiquette
You agree to follow general content guidelines, as described below:
• Include a signature tag on all messages that includes your name.
• State concisely and clearly the topic of your comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
• Include only the relevant portions of the original message in your reply. Delete any header information on the original posting, and put your response ahead of the original posting.
• Only send a message to the entire Community list when it contains information from which everyone can benefit.
• Send messages such as "thanks for the information" or "me, too" to individuals--not to the entire list. Do this by using the "Reply to Sender" link to the right of every message.
• Do not send administrative messages, such as remove me from the list. Instead, use the web interface to change your settings or to remove yourself from a list. If you are changing e-mail addresses, you do not need to remove yourself from the list and rejoin under your new e-mail address. Simply change your settings.
• Warn other list subscribers of lengthy messages either in the subject line or at the beginning of the message body with a line that says "Long Message."
• Remember that other participants have the right to reproduce any content posted to the Community unless you specify otherwise.
• Post your message or documents only to the most appropriate lists or libraries. Do not spam several lists or libraries with the same message.
CFP Board provides the Community at its convenience and CFP Board may alter, modify, suspend or cease the Community at any time. CFP Board, in its sole discretion, may terminate your access to the Community for any reason, including, without limitation, any violation, breach or assignment of these Terms. You may voluntarily terminate your use of the Community by notifying the Site Coordinator. In the event CFP Board or you terminate your access to the Community, you shall immediately cease all use of the Community.
5. Representations and Warranties
Your use of the Community is at your sole risk. The Community is provided on an “as is” basis. To THE fullest extent permitted by law, CFP BOARD DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, EMPLOYABILITY OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CFP BOARD AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. CFP BOARD WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE CFP BOARD COMPUTER SYSTEM OR FROM THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE.
You agree to defend, indemnify, and hold harmless CFP Board, its directors, officers, employees, volunteers, representatives, agents, and others acting on its behalf or at its discretion (collectively, “Indemnified Parties,” and individually, “Indemnified Party”) from any and all actions, claims, and demands, of any kind whatsoever, brought or threatened by any third parties or governmental entities, and from any judgments, awards, damages, and costs and expenses (including reasonable fees of attorneys and other professionals), arising out of or relating to: (a) any breach by you of these Terms; and (b) your use of the Community.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CFP BOARD HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, OR ANY OTHER KIND OF DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION), OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE COMMUNITY.
8. Digital Millennium Copyright Act
CFP Board has implemented procedures for receiving written notification of alleged infringement of intellectual property rights and for processing such claims under the Digital Millennium Copyright Act (“DMCA”). If you become aware of content on the Community that infringes on your copyright rights, please submit a written DMCA request to CFP Board to the following contact information:
Certified Financial Planner Board of Standards, Inc.
1425 K Street, NW, #800
Washington, DC, 20005
Phone: (202) 379-2200
Fax: (202) 379-2199
Email: firstname.lastname@example.org with the subject line "Copyright Policy - DMCA Notification."
A written DMCA request must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the CFP Board to locate such content.
• Information reasonably sufficient to permit CFP Board to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notice that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of the infringement. Misrepresentations of infringement can result in liability for monetary damages.
If CFP Board removes your content in response to a copyright or trademark notice, we will notify you in writing. If you believe CFP Board has erroneously removed your content, you may file a counter-notice with CFP Board that must include the following information:
• Your physical or electronic signature;
• Identification of the content that CFP Board removed and where the content was located before it was removed;
• A statement of your belief that CFP Board removed the content as a result of a mistake or misidentification of the content removed; and
• Information reasonably sufficient to permit the CFP Board to contact you, such as your name, address, telephone number, and, if available, an electronic mail address. A statement in which you consent to the jurisdiction of the federal district court for the judicial district in which the address you provided is located.
Upon receipt of the counter notice, we will notify the complaining party that CFP Board may restore the content within 10 business days if the complaining party does not provide proof that they have filed an action to enjoin your use of the content.
9. Governing Law
These Terms shall be construed and administered in accordance with the laws of the District of Columbia, excluding its conflicts of law principles. The parties hereto agree and stipulate that these Terms shall be deemed to have been entered into by both parties in the District of Columbia. Any claim or cause of action arising out of or connected with these Terms shall be brought exclusively in either the local or federal courts of the District of Columbia, and the parties hereto consent to submit to the personal jurisdiction of such courts, and waive all objections to such jurisdiction and venue. EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
For questions, concerns or issues regarding the Community please contact the Site Coordinator at candidateforum@CFPBoard.org. Any notice hereunder shall be given to the Site Coordinator and shall be effective and deemed delivered upon receipt.
CFP Board shall use its best efforts to maintain the confidentiality of all users with respect to their use of the Community. However, CFP board shall not be liable in any form for any harm that the user suffers as a result of any breach of confidentiality.
Neither the waiver by CFP Board of a breach of or a default under any of the provisions of this Agreement, nor the failure of CFP Board, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. All of the rights and remedies of CFP Board shall be cumulative with, and in addition to, any other rights, remedies or causes of action allowed by law and shall not exclude any other rights or remedies available to CFP Board.
If any part of any provision of this Agreement shall be invalid or unenforceable in any respect, as determined by a court of appropriate jurisdiction, such part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of such provision or the remaining provisions of this Agreement.
14. Entire Agreement
These Terms contain the entire agreement between you and CFP Board and supersede all previous agreements between you and CFP Board with regard to your use of the Community. These Terms will not affect or supersede any agreement you enter into with CFP Board relating in order for you to obtain the CFP® Certification. You acknowledge that you have read these Terms and understand their full force and effect. CFP Board may update or modify these Terms at its sole discretion at any time without notice.