Terms and Conditions

Last Updated: December 7 2020

1. ACCEPTANCE OF TERMS.

1.1 Overview.

The following terms and conditions (these "TOS") govern all use by you as a User (as defined below), an Investment Professional (as defined below), or Visitor (as defined below) of (a) The Rating Advisor’s websites and domains (including all webpages, subdomains and subparts therein contained, the "Website" or “Site”), (b) any and all services available on or through the Site or otherwise provided by The Rating Advisor. (“The Rating Advisor”, “The Rating Advisor App”, “Us”, “We’ “Our” and "The Rating Advisor Incorporated"), in connection with services listed on the Site, and (c) mobile application (as defined below) (collectively, the "Services"). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by The Rating Advisor. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, PLEASE DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification.

Please do not try to modify any portions of The Rating Advisor’s site. While we make changes to our site to give you the best services and options, it is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to these TOS means that you have accepted and understood such changes. We only make changes to enhance your experience of Our website where necessary.

2. GENERAL.

1. Subject to these TOS, The Rating Advisor grants User(s) a license to use The Rating Advisor Site to submit balanced reviews on Canadian investment professionals whom they have patronized or transacted with.
2. These TOS are in perpetual force and effect.
3. Users, Visitors, and Investment Professionals agree to the terms of these TOS and to the terms of The Rating Advisor’s Privacy Policy found here.
4. If a User submits a review, the review becomes property of the Rating Advisor pursuant to these TOS and the Rating Advisor reserves the right to remove inappropriate reviews.
5. In providing an easy and accessible service, The Rating Advisor is only responsible for providing a platform by which Investment Professionals and Users may share feedback. The Rating Advisor does not provide mediation services between the Investment Professional and the User, nor does it submit reviews on behalf of Users or Investment Professional(s).

3. DESCRIPTION OF THE RATING ADVISOR.

The Rating Advisor provides a simple and quick means for individuals (“Users”) and (“Visitors”) to submit and review investment services following their interactions with investment firms and investment professionals. Users may visit the Site, search for the appropriate Investment Professional from professionals that provide investment services (“Investment Professionals”), and the review is published on the Rating Advisor’s Site. These TOS apply to you and your use of the Services as a Visitor, Investment Professional, and/or other User of the Services.

4. USING THE RATING ADVISORS’ SERVICES.

While we want our Users to have a great experience using The Rating Advisor’s services, there are a few housekeeping points to consider. Please do not:

• Create or manage multiple The Rating Advisor accounts, unless we have given you express and written permission to do so. If you are an Investment Professional patronizing the service(s) of another Investment Professional please contact our customer support here.
• Create a fake or false The Rating Advisor account (or create one on behalf of someone else)
• Publish any content that is illegal, vulgar, obscene, improper, stolen, or threatening in any way; The Rating Advisor does not tolerate racist or bigoted content in any shape or form.
• Publish content that infringes on Canadian laws, the laws of the province of Quebec, U.S. laws, International laws and conventions
• Publish information or content that infringes patents, IP laws, registered trademarks, manufacturing secrets, or any other information which could infringe the right or property of other individuals
• Publish content that invokes slander and/or libel laws
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4.1 Pricing & Payment Terms

The Rating Advisor reserves the right to adjust the pricing (if applicable) for our Website and/or other services, packages, promotions, and products, in any manner, at any point in time, without express notification.

The Rating Advisor requires a valid credit card or paypal to process payment(s) for paid Investor Professional subscriptions. Investor Professionals may purchase an enhanced account (as defined below) for a Subscription Fee of $124.99/Month or $174.99/Month in addition to applicable taxes. This subscription fee is charged on the 1^st of every month via an automatic billing method using Paypal or a valid credit card.

4.2. Enhanced Account

An Enhanced Account is an Investment Professional account that has the following premium features:

• Pictures of the Investment Professional may be uploaded.
• Profiles are showcased with spots at the top of search queries; and
• Profiles are enhanced with bold font and prominent captions

4.3 Cancelling your Subscription Fee.

Investment Professionals may cancel their Subscription Fee(s) by providing written (email) notice to our customer service team here five (5) business days prior to the next billing cycle. All billing cycles start on the 1^st of each month.

4.4 Refunds

At this time, The Rating Advisor Services are non-refundable. The Rating Advisor may offer trial accounts in the near future.

4.5 Registration.

Upon signing up for The Rating Advisor’s services, you will receive an email notification to confirm and verify your contact information. In order to use The Rating Advisor’s services, We require a first name, last name and an email address. You may also be required to verify your telephone number and/or social media platform by which you may login to The Rating Advisor Website. You may login via Google, Facebook, or Linkedin. Visitors consent to providing The Rating Advisor with required verification method(s) in order to receive access to The Rating Advisor Website.

4.6 How to Submit a Review.

Submitting a review with The Rating Advisor is simple:

• Simply access The Rating Advisor App from theratingadvisor.com, and login to your account with The Rating Advisor. (If you don’t already have an account, register here. The Rating Advisor requires a valid email address for registration, in addition to all other information required of the Investment Professional, as noted in the Rating Advisor’s Policy for Investment Professionals found in Section five (5) of these TOS.
• Next, search for the Investment Professional or the investment firm you wish to leave your review for, submit your review, and your review should be on its way to being published on our Website.

Keep in mind the following:

• Once your review is submitted, you may modify it – simply login to your account and edit your reviews under your “Submitted Reviews” tab.
• If you submit a review that violates our TOS and/or Privacy Policy, We reserve the right to remove your review in totality. Repeat offenders may have their accounts permanently terminated.
• User acknowledges that refund requests made by the User to the Investment Professional are handled between the Investment Professional and the User.
• Reviews should not be taken personally. Investment advice is largely personal in nature and one person’s experience may greatly differ from another’s. Investment results are never guaranteed.
• Investment Professionals may respond to reviews by submitting feedback below the original review.
• Critical reviews may not be removed for any reason.
• The Rating Advisor is under no obligation to maintain the registration of anyone on its site and may chose to delete your account at any time at its sole discretion
• The Rating Advisor may investigate unsubstantiated reviews. Unsubstantiated reviews include false reviews left by competitor(s), reviews in which it has been determined that the User has had no interaction with the Investment Professional in question, and reviews that have been left by individuals who have not directly dealt with the Investment Professional in question. The decision to remove a review will be at the sole discretion of the The Rating Advisor.
• Users who manipulate the review system are subject to immediate account termination and/or other measures taken by The Rating Advisor.
• Investment Professionals shall not solicit payment, tokens or credits of any kind in exchange for a positive review from a User.

4.7 Leaving a Review.

The Rating Advisor allows its Users to leave reviews regarding their experiences with Investment Professionals. While The Rating Advisor appreciates critical reviews, reviews must be reasonable, courteous (no profanity or vulgarity) and respectful. The review system allows Users to provide reviews on aspects of their investment and portfolio experience(s). These aspects include knowledge of the Investment Professional, customer service, professionalism, experience, ease of communication, availability, price, and other variables. Users and Visitors are able to provide reviews of establishments and Investment Professionals they have not physically visited.

Please keep in mind that any reviews or submissions are between the User/Visitor and the Investment Professional. If you have a specific concern regarding an investment professional, it is advised that you contact the Investment Professional directly and/or you may contact the Investment Industry Regulatory Organization of Canada (IIROC).

Users agree not to:

• Provide inaccurate or dishonest information about the Investment Professional or its products and services; and
• Provide uncharacteristically high reviews or arbitrary reviews of the Investment Professional which are dishonest or fraudulent, in an attempt to extort, garner payment, deals or discounts from the Investment Professional.

5. LICENSED INVESTMENT PROFESSIONAL CREDENTIALS

5.1 IIROC Licensed Investment Professionals

As an IIROC Licensed Investment Professional, you represent that:

• You are above the age of 18 years old;
• You are either a Registered Representative OR a Investment Representative;
• You are licensed by the IIROC;
• You have completed at least one (1) Canadian Securities Course;
• You have completed a 90-day training program; and
• You have completed the Wealth Management Essential Course.

While The Rating Advisor takes every practicable step to verify the credentials of Investment Professionals that register on Its Website, The Rating Advisor is not responsible for Investments Professionals who provide false, inaccurate, invalid, expired, revoked, omitted, or suspended information to the Rating Advisor for publishment. It is the sole responsibility of the Visitor or User to ensure that the Investment Professional(s) they retain or engage have the requisite and appropriate understanding and knowledge of securities and investments.

Additional Investment Professional Covenants

As a Investment Professional, you further warrant that:

• You will keep your license with IIROC up-to-date;
• You will remain professional and courteous while responding to critical reviews;
• You will not encourage affiliates, associates, staff members, colleagues, family members, dependants, spouses or individuals otherwise dealing at an arm’s length to leave unwarranted and gratuitous reviews on your Investment Professional profile on The Rating Advisor Website; and
• You will not establish an additional account on The Rating Advisor for the purposes of submitting fake reviews.

5.2 Non IIROC Licensed investment Professionals

• You are above the age of 18 years old;
• You are either a Dealer Representative (Mutual Funds) OR Dealer Representative (Exempt Market Dealer) OR Dealer Representative (Scholarship plan dealer) OR Dealer Representative (Investment Dealer) OR Advising Representative (Portfolio Manager) OR Associate Advising Representative (Portfolio Manager)

While The Rating Advisor takes every practicable step to verify the credentials of Investment Professionals that register on Its Website, The Rating Advisor is not responsible for Investments Professionals who provide false, inaccurate, invalid, expired, revoked, omitted, or suspended information to the Rating Advisor for publishment. It is the sole responsibility of the Visitor or User to ensure that the Investment Professional(s) they retain or engage have the requisite and appropriate understanding and knowledge of securities and investments.

Additional Investment Professional Covenants

As a Investment Professional, you further warrant that:

• You will keep your license up-to-date;
• You will remain professional and courteous while responding to critical reviews;
• You will not encourage affiliates, associates, staff members, colleagues, family members, dependants, spouses or individuals otherwise dealing at an arm’s length to leave unwarranted and gratuitous reviews on your Investment Professional profile on The Rating Advisor Website; and
• You will not establish an additional account on The Rating Advisor for the purposes of submitting fake reviews.

6. SITE CONTENT, COPYRIGHT, & INTELLECTUAL PROPERTY.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by The Rating Advisor Website belong to The Rating Advisor and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

6.1 A Note on Copyright.

Our copyright rules are simple. Don’t reproduce our logos, trade-marks or pictures without our written consent. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of The Rating Advisor. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7. NO GUARANTEE.

While The Rating Advisor makes every effort to provide stellar services 24/7/ around the clock, The Rating Advisor makes no guarantee that its App, Services, Content, Website, other Operations will be operable at all times or during any down time caused by any (i) power outages, (ii) outages caused by Our Servers our Service providers, (iii) scheduled and planned maintenance outages or (iv) events beyond The Rating Advisor’s (or its wholly owned subsidiaries) control such as strikes, riots, government action, natural disasters, or internet service disruptions.

8. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RATING ADVISOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE RATING ADVISOR MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE RATING ADVISOR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR VISITOR OR INVESTMENT PROFESSIONAL, OR THIRD PARTY BEFORE, DURING AND/OR AFTER INVESTMENT ADVICE; AND THE RATING ADVISOR WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT THE RATING ADVISOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY PRODUCTS OR SERVICES, OR THE AVAILIBILITY OF ANY PARTICULAR INVESTMENT PROFESSIONALS OR INVESTMENT FIRMS. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. THIRD PARTY SERVICES.

The Rating Advisor Website allows users to login to The Rating Advisor via third-party platforms such as Google, LinkedIn and Facebook. Where Users connect or register their profile using third-party platforms, the User authorizes The Rating Advisor to use personal information from the third-party platform to create the User/Visitor/Investment Professional’s profile on The Rating Advisor Website. While Users and Visitors may use these alternative login methods, Users are responsible for the security of their passwords. Users who use these alternative third-parties and login methods warrant that they are complying with The Rating Advisor’s Privacy Policy, TOS, and Terms and Conditions.

9.1 Links to Third Parties.

The Rating Advisor’s Website may contain links and/or references to websites operated by third-parties. These links and/or references to links are for the benefit of The Rating Advisor’s Users. The Rating Advisor does not control the content or actions of these Sites nor is it responsible for the content of third-parties. The Rating Advisor’s inclusion of such links does not imply an association or partnership with these sites. If you decide to leave The Rating Advisor Website and access a third-party site, you do so at your own risk.

10. DISPUTES BETWEEN YOU AND THE INVESTMENT PROFESSIONAL.

While The Rating Advisor fosters a respectful and courteous environment for Users to submit reviews, we understand that disputes may occur between the Investment Professional and/or User/Visitor. While The Rating Advisor endeavors to provide an equitable and fair environment for Users, Visitors and Investment Professionals, all disputes between Users and Investment Professionals must be handled between the User and the Investment Professional.

11. DISPUTES BETWEEN YOU AND THE RATING ADVISOR.

The Rating Advisor takes its Users, Investment Professionals’ and Visitors’ concerns very seriously. If you have a dispute or concern, please contact us at complaints@theratingadvisor.com. with a detailed description of your dispute. Please note that disputes that cannot be resolved within the Rating Advisor platform may be governed by arbitration or other legal actions under Canadian law.

12. LIMITATION OF LIABILITY.

THE RATING ADVISOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INCORRECT INVESTMENT ADVICE, POOR INVESTMENT ADVICE, MISSED INVESTMENT OPPORTUNITIES, LOSS OF REPUTATION, LOSS OF BUSINESS, JOB LOSS, DEMOTION, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RATING ADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $200.00 CAD IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND THE RATING ADVISOR'S REASONABLE CONTROL. THE RATING ADVISOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, THE RATING ADVISOR IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND THE RATING ADVISOR HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. GOVERNING LAW.

These TOS shall be interpreted and governed by the laws of the province of Quebec. The venue for any action concerning this Agreement shall be in the county and city of The Rating Advisor location within Quebec. Any financial controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration with a single arbitrator in accordance with the rules of the Civil Procedure Code Quebec and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; Provided, however, the parties may seek injunctive relief to enforce any aspect of this agreement regarding paragraphs 8, 11 and 12 through the courts. Any arbitration will take place within the province of Quebec.