Terms and Conditions

FN Interactive, Inc. ("FN Interactive") provides you with access to the First Allied Advisor Marketing System (“AMS”) and certain materials that may be made available to you or distributed to you or your clients through use of AMS, including all information, documents, communications, files, text, graphics, software, and products included on this website (the “Site”) or made available through AMS (collectively "Materials"), subject to the terms and conditions set forth in this document and any changes to this document made by FN Interactive from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.

For those Materials made available through AMS which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available through AMS will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). FN Interactive is not a party to such Third Party Agreements and FN Interactive's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

FN Interactive reserves the right to change these Terms and Conditions or to impose new conditions on use of AMS and the Materials, from time to time, in which case we will post the revised Terms and Conditions on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use AMS or the Site after FN Interactive posts any such changes, you accept the Terms and Conditions, as modified.

Limited License

FN Interactive authorizes you to use the Materials solely for your personal and business promotional use, provided that you retain all copyright and other proprietary notices and approvals contained in the original Materials or any copies of the Materials. Under no circumstances shall content, including but not limited to, images or graphics be resold or used for any other commercial purpose. The content within all original Materials has been provided by or approved by Advanced Equities Financial Corporation for your use. Any changes, revisions or modifications to the original Materials must be submitted to and approved by Advanced Equities Financial Corporation prior to the use and distribution of said Materials. FN Interactive assumes no responsibility or liability for the Materials content, any revisions, changes or modifications to the Materials, or distribution to and interpretation of the Materials content by you or your recipients.

Ownership; Restrictions

The copyright and ownership interests in Materials are held by Advanced Equities Financial Corporation and FN Interactive and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Term; Termination

These Terms and Conditions are effective until terminated by FN Interactive. FN Interactive may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials, this AMS and web sites generated through AMS and destroy all copies of the Materials downloaded or otherwise received by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to AMS and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you and your clients on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of FN Interactive. Advanced Equities and all affiliated company trademarks are owned by Advanced Equities Financial Corporation, all rights protected. Microsoft Word and PowerPoint are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any service mark or logo used or displayed in the Materials without the prior express written permission of FN Interactive. When used with FN Interactive's permission, all trademarks must be identified as trademarks of FN Interactive using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of FN Interactive in a footnote at the end of the communication.

Patents

FN Interactive's technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.

Product and Performance Information

Product performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products. Any difference in hardware or software may affect actual performance, and buyers should consult other sources of information to evaluate the performance of FN Interactive products.

Personal Information

Information submitted to FN Interactive through the Site or AMS is governed by FN Interactive's Privacy Policy.

User Submissions

Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site or AMS will be considered confidential or proprietary. All such material becomes the exclusive property of FN Interactive, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.

Links to Other Sites

FN Interactive makes no representations or warranties about any other site or material that you may access through links or other references on this Site or AMS. You do so at your own risk. The presence of links to non-FN Interactive sites or materials does not imply that FN Interactive endorses or accepts responsibility for the content or use of such sites or materials.

Access to Password-Protected or Secure Areas

FN Interactive may restrict some areas of the Site and AMS to authorized users only. Access to and use of areas of the Site and AMS that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

Third Party Products and Services

This Site and the Materials mention third party products and services for informational purposes. FN Interactive makes no recommendations or endorsements about any third party products or services.

LIMITATION OF LIABILITY

UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FN INTERACTIVE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, AMS, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF FN INTERACTIVE OR AN FN INTERACTIVE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH AMS OR ANY MATERIALS OR SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND AMS. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold harmless FN Interactive and its affiliates, and each of their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of AMS, violation of these Terms and Conditions by you or any other person using your account, or your violation of any rights of another. FN Interactive reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you agree to provide FN Interactive with such cooperation as is reasonably requested.

Export Laws; Notice to U.S. government users

By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at: http://www.bxa.doc.gov.

All FN Interactive products and publications are commercial in nature. The software and documentation available by download on this Site or through AMS are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software and Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to these Terms and Conditions.

Acceptable Use Policy

The following constitute violations of the FN Interactive, Inc. web site Acceptable Use Policy as stated in the Web Site Hosting agreement for Users of FN Interactive’s website hosting and support services:

A. Using the Services to transmit or post any material that contains or contains links to nudity, pornography, adult content, sex, or extreme violence.

B. Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

C. Using the Services to harm, or attempt to harm, minors in any way.

D. Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.

E. Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to "pyramid schemes" and "Ponzi schemes."

F. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FN Interactive, Inc. or another entity's computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

G. Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

H. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

I. Reselling the Services without the prior written authorization of FN Interactive, Inc.

J. Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

General

This Site is controlled by FN Interactive from its offices within the State of California, United States of America. FN Interactive makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. You and FN Interactive agree that and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the Southern District of California with respect to any such claim. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of FN Interactive. Any attempted assignment or transfer without such prior written consent from FN Interactive shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event FN Interactive is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by FN Interactive in writing.

Contact Information

All requests for further information or for permission to reproduce any portions of the Materials should be directed to: FN Interactive, Inc., 12396 World Trade Drive, Suite 113, San Diego, CA 92128, phone: 1-858-413-0166, email: info@fninteractive.com.

Last revision date: August 21, 2009.