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Terms of Use

 

By accessing and using any of the Certified Financial Planner Board of Standards, Inc. ("CFP Board") websites (including, without limitation, www.cfp.net and www.letsmakeaplan.org) or mobile apps that may be released by CFP Board from time to time (“Sites”), you agree to comply with these Terms of Use and all applicable laws. Please read these Terms of Use carefully as well as the Privacy Policy which is incorporated herein by reference. If you disagree with any of the language in these Terms of Use, please terminate use of the Sites.

Additional Terms and Conditions

Additional terms and conditions will be applicable to certain portions of the Sites (collectively, “Additional Terms and Conditions”). We may provide Additional Terms and Conditions to you via links, postings, pop-up notices, or other means at the time that you access or use the relevant portion of the Sites. All Additional Terms and Conditions are incorporated herein by reference and made a part of these Terms of Use. Any reference to these Terms of Use includes all Additional Terms and Conditions. The Additional Terms and Conditions include, without limitation, the Terms and Conditions of the CFP Board Candidate Forum and the Terms and Conditions of the Find a CFP® Professional Search.  To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions, the Additional Terms and Conditions shall govern.

Trademark

CFP Board owns a family of certification marks, including, without limitation, CFP®, the federally registered CFP (with flame design) and CFP (with gold plaque design) marks, and CERTIFIED FINANCIAL PLANNER™. CFP Board owns a number of other marks in addition to its certification marks, including, without limitation, CFP BOARD® and LET’S MAKE A PLAN!®. CFP Board's trademarks may not be used absent express authorization from CFP Board. Unauthorized use or misuse of CFP Board's trademarks is strictly prohibited. CFP Board reserves the right to aggressively enforce its intellectual property rights to the fullest extent of the law.

Third-party product and service names found on the Sites may be trademarks of their respective owners. The absence of an identification of third-party marks or the lack of an attribution of ownership of such marks on the Sites should not be construed as any claim of rights by CFP Board.

Copyright

Copyright © 2020 Certified Financial Planner Board of Standards, Inc. All rights reserved.

You should assume that everything you see or read on the Sites is protected by law including, but not limited to, Unites States copyright and trademark law, as well as other state, federal, and international laws and regulations (unless otherwise noted) and may not be used, except as provided in these Terms of Use or in the text on the Sites, without the prior written consent of CFP Board.

All information, documents and materials posted in the Sites are solely for the use of CFP Board users and may not be resold, republished, or copied, without the prior written consent of CFP Board. Information, documents and materials may be reprinted for educational and nonprofit purposes with CFP Board’s written permission. In addition, all information, documents and materials posted on the Sites are subject to change at CFP Board’s discretion without notice.

CFP Board may grant permission to use content or reprint additional copies of copyrighted materials upon a user's written request. In order to receive CFP Board's written consent, please complete the Copyright Permission Request form and CFP Board's Trademark Department will review your request and notify you by email if your request has been approved or if we require more information.

You may Download the Copyright Permission Request form (pdf) and send the completed form to CFP Board by mail or fax to:

Certified Financial Planner Board of Standards, Inc.
Attention: Trademark Department
1425 K Street NW #800
Washington, DC 20005
Fax: 202-379-2299

License to Use Submitted Content

If you make any submissions to or communications on the Sites, including, without limitation, in the CFP Board Candidate Forum or any other areas that allow for public posting, 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 such content you post to the Community. You warrant by sharing any such content that you own, control or otherwise have the rights necessary to share the content and to grant CFP Board the license set forth above.

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 Sites that infringes on your copyright rights, please submit a written DMCA request to CFP Board to the following contact information:

Leo G. Rydzewski
DMCA Agent
Certified Financial Planner Board of Standards, Inc.
1425 K Street, NW, #800
Washington, DC, 20005
Phone: (202) 379-2200
Email: trademark@cfpboard.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.

Privacy Policy

For information about CFP Board’s collection and use of personal information, please read the Privacy Policy which is incorporated and made a part of these Terms of Use.

Informational Purposes Only

The content provided through the Sites is for educational and informational purposes only. The Sites are not intended to provide tax, legal, accounting, financial, or professional advice. While the Sites may contain perspectives and opinions on matters related to the financial planning profession, such content is general in nature and does not necessarily take into account any individual’s specific professional or financial circumstances. Users are strongly encouraged to seek out qualified professionals that can provide advice on these issues specific to their own circumstances or those of their clients.

Disclaimer

THE MATERIALS AND CONTENT CONTAINED IN THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CFP BOARD EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CFP BOARD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CFP BOARD MAY MAKE CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. WHILE CFP BOARD STRIVES TO KEEP THE INFORMATION ON THE SITES ACCURATE AND CURRENT, CFP BOARD CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE SITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CFP BOARD RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THE SITES, AT ANY TIME, WITHOUT NOTICE.

Limitation of Liability

YOUR USE OF AND BROWSING THE SITES ARE AT YOUR OWN RISK.

IN NO EVENT SHALL CFP BOARD NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF CFP BOARD OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Links/Third Party Websites/Advertising

For your convenience, CFP Board may provide links to various other websites that may be of interest to you. However, CFP Board does not control such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Furthermore, CFP Board's Privacy Policy is applicable only when you are on our Sites. Once you link to another website, you should read that website's privacy policy before disclosing any personal information. If you decide to access any of the third party websites linked to our Sites, you do so at your own risk. CFP Board reserves the right to terminate any link or linking program at any time.

CFP Board, in its sole discretion, may post the advertisements of third parties on the Sites. Your correspondence or any other dealings with advertisers found on the Sites are solely between you and such advertiser. You agree that CFP Board shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Sites.

Opening Account/Password Policy

Your use of certain portions of the Sites may require you to become a registered user and enter a password. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Sites using your password. You agree to provide CFP Board with accurate, complete, and updated information.

Third-Party Content on the Sites

Certain portions of the Sites may contain content authored by third parties, including, without limitation, content available on forums designed for users to share information and opinions related to the financial planning profession. Views or opinions expressed in such third-party content belong solely to the authors or the relevant content and do not necessarily reflect the opinion of CFP Board. CFP Board does not endorse or guarantee the accuracy of any third-party content available through the Sites. Without limiting the scope or applicability of the Disclaimer and Limitation of Liability provisions above, you acknowledge that CFP Board is not responsible for any third-party content available through the Sites and that any reliance upon such content is done solely at your own risk.

Limitations on Use

CFP Board may from time to time monitor or review discussions, postings, transmissions and other information or material on the Sites; however, CFP Board is under no duty to do so and assumes no responsibility or liability arising from such matters nor for any error, defamation, libel, slander, omission, obscenity, pornography, or inaccuracy contained in any such discussion, posting or transmission.

Furthermore, you agree not to do the following:

  1. Restrict or inhibit any other user from using and enjoying the Sites. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission, (b) obtaining or soliciting another person's password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to CFP Board, or other entities.
  2. Interfere (or attempt to interfere) with the operation of the Sites. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Sites, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Sites that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
  3. Post, store, or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by CFP Board’s sole discretion) information or material. CFP Board will fully cooperate with any law enforcement authorities or court order requesting or directing CFP Board to disclose the identity of anyone posting any such information or materials.
  4. Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  5. Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Sites specifically designated for such purpose (and subject to applicable rules.
  6. Use the Sites to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
  7. Use the Sites to post, store, or transmit materials in violation of another party's copyright, trademark or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
  8. Use the Sites for any unlawful purposes.
  9. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Sites.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CFP Board and any affiliates and all of their employees, agents, directors, officers, volunteers, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Sites, any violation by you of these Terms of Use, or any other matter for which you are responsible under law.

Applicable Law

The Sites are controlled by CFP Board, incorporated in the State of Colorado, from its offices within Washington, District of Columbia, the United States of America. As such, U.S. federal laws and the laws of the District of Columbia will govern these Terms of Use, excluding any conflicts or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the District of Columbia, and/or the United States District Court for the District of Columbia, for any litigation arising out of or relating to the use of Sites, waive any objection to the venue of any such litigation in the District of Columbia courts and agree not to plead or claim in any District of Columbia court that such litigation brought therein has been brought in an inconvenient forum. 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.

Waiver and Severability

The failure of CFP Board to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. 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 provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and enforced to the fullest extent of the law and shall not affect the validity or enforceability of any remaining provisions herein.

Updates

CFP Board reserves the right to make changes to these Terms of Use at any time by updating this page without notice to you. You should visit this page from time to time to review the then-current Terms of Use because it is binding on you. Your use of the Sites following any such change constitutes your agreement to follow and be bound by these Terms of Use as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Sites.

Termination

CFP Board provides the Sites at its convenience and CFP Board may alter, modify, suspend or terminate the Sites at any time. CFP Board, in its sole discretion, may terminate your access to the Sites for any reason, including, without limitation, any violation, breach or assignment of these Terms of Use.

Entire Agreement

These Terms of Use contain the entire agreement between you and CFP Board and supersede all previous agreements between you and CFP Board regarding your use of the Sites. These Terms of Use will not affect or supersede any agreement you enter into with CFP Board in order for you to obtain the CFP® Certification. You acknowledge that you have read these Terms of Use and understand their full force and effect.

Last Modified: 11.30.2020