Terms and Conditions of Certification and Trademark License
I understand that the following terms and conditions apply to my Certified Financial Planner Board of Standards, Inc. (“CFP Board”) Certification and License to use the Certification Marks (as defined below). I agree to all the following provisions:
- Grant of Trademark License and Certification. Upon my
acceptance of and agreement to be bound by these Terms and Conditions of
Certification and Trademark License (including CFP Board's Standards and Policies, which are defined below and are incorporated into
these Terms by reference) (“Terms”), and CFP Board’s determination
that I have (1) satisfied CFP Board’s four initial certification requirements,
(2) submitted a properly completed Certification Application and, when applicable,
Renewal Application (collectively, “Application”), (3) satisfied the
initial certification period requirements and, when applicable, continuing education
requirements, and (4) paid my annual certification fee (collectively, the
“Certification and Trademark License Standards”), CFP Board certifies me as having
satisfied CFP Board’s requirements for certification
(“Certification”), and grants to me a limited, personal, non-
transferable, non-sub licensable, royalty-free, non-exclusive, revocable license
(“Trademark License”) to use the Certification Marks (as defined below in this
paragraph) solely in connection with the promotion and conduct of the offering of
financial planning services (the “Services”) I perform in the United
States and its territories and possessions in relation to my Certification. No rights
are granted with respect to the Certification Marks other than as explicitly granted
herein.CFP Board reserves all rights other than those explicitly granted
herein.“Certification Marks” shall mean the certification marks owned by
CFP Board in the United States, namely, CFP®, CERTIFIED FINANCIAL
PLANNER™,
, and
. The term “Certification Marks” does not include, and my Trademark License does not grant me, right, title, or interest in or to any other trademark, service mark, logo, or trade name of CFP Board.
- Term of Certification and Trademark License. My
Certification and Trademark License exists solely for the initial certification period and,
when applicable, the certification renewal period, as defined by CFP Board
(collectively, the “Applicable Certification Period”), unless earlier
relinquished, suspended, revoked, or terminated in accordance with these Terms. At the end of
the Applicable Certification Period, if my Certification and Trademark License is not renewed,
my Certification expires and my License automatically terminates. If my License
expires, is relinquished, revoked, terminated, or suspended, I must immediately cease all use of
the Certification Marks and must not hold myself out to the public as being certified by CFP Board. I understand that my use of the Certification Marks
following relinquishment, expiration, revocation, or termination of my Trademark License, or during a suspension of my Trademark License, constitutes infringement of CFP Board’s rights, and that CFP Board is entitled
to pursue all legal and equitable remedies for such infringement.
- Restrictions on Use. Without limiting the other
terms and restrictions set forth in these Terms, unless otherwise approved by CFP
Board’s Chief Executive Officer (“CEO”) in writing, I will not,
directly or indirectly: (1) use the Certification Marks in conjunction with the
promotion and/or provision of any services, or in any other way, outside the United
States, other than Incidental Use (as defined below in this paragraph), (2) use the
Certification Marks in conjunction with the sale of any tangible goods or of any
services that do not relate to my Certification, (3) state or imply that CFP Board
has made a determination on the merits or quality of any education, testing, or
review program with which I may be associated, or sponsors or otherwise endorses any
particular services I may offer, (4) certify, sublicense, or otherwise grant to any
other individuals or entity the right to use the Certification Marks, (5) use the
Certification Marks in a manner that implies another individual or entity is
qualified to use the Certification Marks, (6) use the Certification Marks in
violation of CFP Board’s Standards and Policies (defined below), or in any
manner that is false or misleading, (7) use the Certification Marks in violation of
any laws and regulations, or (8) use the Certification Marks in an manner beyond that
which is expressly authorized by these Terms (collectively, “Restrictions on
Use of the Certification Marks”).
“Incidental Use” shall mean (i) use of the Certification Marks outside the United States for (a) providing educational materials or information containing the Certification Marks at conferences, seminars, or similar events outside the United States, provided that the material or information identifies the United States as the country of my Certification and Trademark License; (b) authoring articles and other similar educational materials (excluding marketing brochures and the like) containing the Certification Marks for distribution to multiple countries that include the United States, provided that such materials identify the United States as the country of my Certification and Trademark License; (c) using the Certification Marks on a web site that is not specifically targeted at, but is viewable from, outside the United States; and (d) distributing business cards containing the Certification Marks to other individuals who have a license to use the Certification Marks while temporarily traveling outside the United States; (ii) other uses of the Certification Marks that are not materially different from the uses identified in subparagraph (i) of this paragraph; or (iii) identifying myself as having been certified in the United States without using the Certification Marks, such as “I am certified to advise on United States financial matters by the United States affiliate of the Financial Planning Standards Board, Ltd. (“FPSB”).” Notwithstanding the foregoing, in no event shall Incidental Use include any use of the Certification Marks that (a) is part of a business solicitation or marketing effort, either by me or through a third party on behalf of me directed towards persons or entities outside the United States; (b) is in connection with the proposed or actual delivery of services outside the United States; or (c) constitutes trademark infringement outside the United States of any CFP, CERTIFIED FINANCIAL PLANNER,, and
mark, and any other mark that, if it were owned by someone other than CFP Board or FPSB, would be deemed confusingly similar to any of the foregoing, or any replacement or substitution therefor, including any application or registration therefore, owned or controlled by either CFP Board or FPSB, regardless of whether such marks are registered as trademarks, service marks, or certification marks.
- Compliance with Standards and Policies. I have
read and I understand CFP Board’s (1) CFP® Certification Requirements, (2) Code of Ethics and Standards of Conduct, (3) Fitness Standards for Candidates and Professionals Eligible for Reinstatement (Fitness Standards), (4) Procedural Rules, (5) Guide to Use of
the CFP® Certification Marks, and (6) Privacy Policy (collectively,
“CFP Board’s Current Standards and Policies”). I agree to comply
with, and be bound by, CFP Board’s Current Standards and Policies, as they
presently exist and as CFP Board modifies them from time to time (collectively,
“CFP Board’s Standards and Policies”), each of which is
incorporated into these Terms by reference, and that I was required to comply with, and was bound by, CFP Board's Current Standards and Policies, or where applicable, the prior versions that were in effect at the time the conduct occurred, from the date I first had a Certification or Trademark License through the date of these Terms. I will display the Certification Marks
with such registration symbols, and in such manner, as provided in CFP Board’s
Standards and Policies, or as otherwise directed by CFP Board. I understand that my Trademark License is conditioned upon continued compliance with these Terms (including but not
limited to my obligation to comply with CFP Board’s Standards and Policies).
- Protection of the Certification Marks. I
acknowledge the Certification Marks are valid marks, owned by CFP Board, and that CFP
Board has the sole right, subject only to the express terms of any license granted by
it, to control the use of the Certification Marks. CFP Board shall have the sole
right to file applications to register, and to obtain registration for, the
Certification Marks. I agree to cooperate fully with CFP Board in filing such
applications and obtaining such registrations, including providing CFP Board with
specimens of use of the Certification Marks and executing any documents requested by
CFP Board, or in protecting, enforcing, and defending the Certification Marks. I will
notify CFP Board in writing of any infringements, imitations, claims, or other
problems with respect to the Certification Marks which may arise or otherwise come to
my attention. CFP Board shall have the sole right, but not the obligation, to take
any action on account of any such infringement, imitation, claim, or problem. I shall
not institute any suit or take any other action on account of such infringements,
imitations, claims, or problems without the prior express written consent of CFP
Board’s CEO.
- Ownership; Goodwill. I acknowledge CFP
Board’s ownership of all right, title, and interest in and to the Certification
Marks. Any goodwill resulting from my use of the Certification Marks will inure
exclusively to the benefit of CFP Board. I will conduct my business in a way that
does not adversely affect CFP Board’s reputation or goodwill. I will only
display or use the Certification Marks as permitted in these Terms and CFP
Board’s Standards and Policies, including but not limited to the Guide to
Use of the CFP® Certification Marks. I further agree not to: (1) challenge
CFP Board as the sole, absolute, or exclusive owner of all right, title and interest
in and to the Certification Marks and the goodwill associated therewith, (2)
challenge the validity of this Trademark License, (3) register, use, adopt, or promote any mark
that is confusingly similar to any trademark, service mark, logo, or trade name owned
by CFP Board, any composite mark which uses all or a portion of the Certification
Marks, or any of the Certification Marks, (4) take or encourage any action which
would impair the rights of CFP Board in and to the Certification Marks, or impair the
goodwill associated with the Certification Marks, or (5) infringe any trademark,
service mark, logo, or trade name owned by CFP Board.
- Disclaimer of Warranty. THE LICENSE TO THE
CERTIFICATION MARKS IS PROVIDED ON AN “AS IS” BASIS. 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 HAS NO DUTY OR OBLIGATION
TO REGISTER, RENEW, OR OTHERWISE MAINTAIN ANY REGISTRATION FOR THE CERTIFICATION
MARKS.
- Quality Control. The nature and quality of all
advertising, promotional, or other uses I make of the Certification Marks, and
Services associated therewith, will conform to and comply with the quality and
standards set forth in CFP Board’s Standards and Policies and all applicable
laws and regulations. CFP Board has the right to monitor the manner in which I use the
Certification Marks and the quality of Services associated therewith. Such monitoring
may, at the election of CFP Board, be done in accordance with the procedures outlined
in CFP Board’s Standards and Policies. CFP Board retains,
at all times, the right to revoke my Certification and my Trademark License if CFP Board
determines, in its sole discretion, that the quality, accuracy, or other
characteristics of any of the Services fails to comply with these Terms, including
but not limited to CFP Board’s Standards and Policies. Notwithstanding its
ability to monitor my Services, CFP Board has no responsibility for, liability with
respect to, or right to control or participate in, my provision of services, my
representations with respect to such services, or the agreements into which I
enter.
- Authorization to Review Background. I hereby
authorize CFP Board and its agents and representatives to review my background, which
may include, but is not limited to (1) the review of criminal history records from
any criminal justice agency in any or all federal, state, and county jurisdictions,
(2) the review of regulatory history records from any regulatory or self-regulatory
agency or organization, (3) the review of public records, and (4) interviews of third
parties concerning, among other things, my professional background and record,
regulatory history, and integrity and fitness to use the CFP®
marks.
- Consent to Enforcement and Release of
Information. I understand and agree that CFP Board has the authority to impose discipline on me in the form of a sanction in accordance with these Terms, including CFP Board’s
Standards and Policies and the prior versions of CFP Board's Standards and Policies that were in effect at the time the conduct occurred, for conduct that CFP Board
determines, in its sole discretion, constitute grounds for such a sanction. I understand
and agree that I may be subject to sanction by CFP Board for conduct that occurs between the date that I first have a Certification or Trademark License through the
last date that I have a Certification or Trademark License, including dates during that
interval when I do not have a Certification or Trademark License or when my Certification or Trademark License is suspended, as well as for any conduct (act or
omission) that occurs in connection with my communications with CFP Board about any topic, including my Application, regardless
of the date those communications occur. I understand and agree that CFP Board has the
authority to require that I pay, as a condition of my Certification and Trademark License, the
fees, costs, or other amounts imposed on me, pursuant to CFP Board’s
Standards and Policies, in connection with any investigation, Complaint, proceeding, or sanction. CFP Board may impose a form of private sanction or public sanction. I understand and agree that if CFP Board imposes a
form of public sanction against me, including but not limited to a Public Censure, Suspension, Interim Suspension, Administrative Suspension, Revocation, Administrative Revocation, Temporary Bar, Administrative Temporary Bar, Permanent Bar, or Administrative Permanent Bar. CFP Board shall have the right to issue a
press release or any other form of publicity that identifies me and the form of sanction, and contains some or all of the facts, as CFP Board has determined them
to be, that CFP Board has determined are relevant to the sanction, including
information which otherwise may be private or confidential under CFP Board’s
Standards and Policies.
- Cooperation. I agree to fully cooperate with CFP
Board with respect to any potential ground for imposition of a sanction, including but not limited
to any investigation or proceeding initiated by CFP Board pursuant to
CFP Board’s Procedural Rules.
- Voluntary Relinquishment of Certification and Termination
of Trademark License. I may voluntarily relinquish my Certification and terminate my Trademark License at any time by submitting written notice to CFP Board. A written notice that
voluntarily relinquishes my Certification or terminates my Trademark License, but not both,
shall both voluntarily relinquish my Certification and terminate my Trademark License. A
voluntary relinquishment of Certification and termination of Trademark License shall not take
effect until CFP Board processes the relinquishment and termination and updates CFP
Board’s records accordingly (“Effective Date of Relinquishment”).
On the Effective Date of Relinquishment, my Certification is revoked, my Trademark License
terminates, and I shall discontinue using the Certification Marks. My voluntarily
relinquishment of my Certification and termination of my Trademark License does not relieve me
of any indebtedness or any other obligation that I may have to CFP Board.
- Revocation of Certification and Termination of Trademark License. Should CFP Board determine, in its sole discretion, that I have
failed to comply with these Terms (including but not limited to the Certification and Trademark License Standards, Restrictions on Use of the Certification Marks, and CFP
Board’s Standards and Policies), or that I had not satisfied the CFP® Certification Requirements or Fitness Standards at the time I was granted Certification (regardless of whether the relevant facts and circumstances were known by or disclosed to CFP Board), CFP Board may, in its sole
discretion, revoke my Certification and terminate my Trademark License, take any action
permitted by CFP Board’s Standards and Policies, and/or take other action
permitted by law. In determining whether you had satisfied the CFP® Certification Requirements or Fitness Standards at the time you were granted Certification, CFP Board may utilize the Procedural Rules that apply to investigations and adjudications of alleged misconduct. Should CFP Board determine, in its sole discretion, that I have
misused the Certification Marks, I understand and agree that such action may cause
irreparable harm, and at and in accordance with CFP Board’s direction, I will
immediately stop using the Certification Marks or change the manner in which I use
the Certification Marks so that I am not misusing the Certification Marks. I
understand CFP Board may have additional rights under applicable law with respect to
the Certification Marks, and that the remedies provided under these Terms are in
addition to, and not in lieu of, CFP Board’s other rights.
- Retention of Jurisdiction. Notwithstanding any
expiration, relinquishment, suspension, revocation, or termination of my Certification and Trademark License, I shall continue to be subject to any form of sanction available under
these Terms, including CFP Board’s Standards and Policies,
provided that CFP Board shall file any Complaint against me under CFP Board’s Procedural Rules no later than five (5) years after the
last date that I have a Certification or Trademark License.
- Waiver and Release. In consideration for CFP
Board processing my Application, I hereby and forever waive and release CFP Board,
its directors, officers, employees, volunteers, representatives, agents, and others
acting on its behalf or at its discretion (collectively, “Released
Parties,” and individually, a “Released Party”) from any and all
actions, claims, and demands, of any kind whatsoever, now existing or hereafter arising, out of or relating to
these Terms (excluding actions, claims and demands against CFP Board arising out of
or relating to the enforcement or application of CFP Board’s Standards and Policies, and any revocation of my Certification or termination of
my License) (collectively, “Released Claims”), except to the extent that
the Released Claims are based upon the willful misconduct or gross negligence of the
person or entity against whom it was raised. To the extent applicable, and
particularly if I reside in California, I expressly waive any rights or benefits that
California Civil Code section 1542 or any other laws, legal decisions and/or legal
principles of similar effect might provide to me now or in the future, and agree that
the releases provided above extend to all claims, current and future, known or unknown, suspected or unsuspected, subject to the representations and warranties provided by the parties herein.
California Civil Code section 1542 (to the extent such section is applicable) reads
as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Indemnification. I covenant and 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 (“Claimant”), and from any judgments, awards, damages, and costs
and expenses (including reasonable fees of attorneys and other professionals),
arising out of or relating to: (1) any actual or alleged misrepresentation or
omission by me in my Application or actual or alleged breach by me of these Terms,
(2) any actual or alleged failure by me or my authorized agents to abide by CFP
Board’s Standards and Policies, (3) any actual or alleged failure by me or my
authorized agents to comply with applicable laws, (4) any of my acts or omissions,
including, without limitation, the services provided by me or those acting on
my behalf or at my discretion, (5) any unauthorized representation, warranty,
agreement or the like, express or implied, made or alleged to have been made by me or
my authorized agents to or with any third party with respect to any acts or
omissions, or (6) actual or alleged acts or omissions by me in connection with the
use of the Certification Marks or the Services offered by me using the Certification
Marks (collectively, “Indemnified Matters, and individually, an
“Indemnified Matter”). Promptly upon the existence of any such
claim, I will confirm my intention to defend. Whether or not I confirm my
intention to defend, I agree that each of the Indemnified Parties, at their sole
discretion, shall have the right to retain counsel of their choice to represent them
in the defense or settlement of any Indemnified Matter, without prejudice to my
obligation to indemnify all resulting costs and expenses (including reasonable fees
of attorneys and other professionals). I further agree that I may settle an
Indemnified Matter only if that settlement (a) does not entail an admission on the
part of an Indemnified Party that an Indemnified Party violated any law or infringed
the rights of any person, (b) has no effect on any other claims against an
Indemnified Party, (c) is paid for entirely by me, (d) requires the Claimant to
release the Indemnified Parties from all alleged liability, and (e) does not impose
any obligation on an Indemnified Party except to the extent such Indemnified Party consents in writing to the imposition of any such obligation.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE LIABILITY OF CFP BOARD OR ANY OF THE RELEASED PARTIES 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 (1) MY APPLICATION AND/OR THESE TERMS, (2) THE RELINQUISHMENT, SUSPENSION, REVOCATION, AND/OR TERMINATION OF MY CERTIFICATION AND/OR MY TRADEMARK LICENSE, (3) MY USE OF, AND/OR INABILITY TO USE, ANY OF THE CERTIFICATION MARKS, (4) THE ENFORCEMENT OR APPLICATION OF CFP BOARD’S STANDARDS AND POLICIES, (5) THE IMPOSITION OF ANY SANCTION IN ANY FORM, AND (6) CFP BOARD’S RELEASE OR DISCLOSURE OF ANY INFORMATION, WHETHER THE INFORMATION IS OR WAS CONFIDENTIAL, PRIVATE, OR OTHERWISE, EXCEED $1,000, EXCLUDING ANY AMOUNTS AWARDED UNDER THE ATTORNEY’S FEES PROVISION SET FORTH IN PARAGRAPH S OF THESE TERMS. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF CFP BOARD OR A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Mandatory Arbitration and Waiver of Claims Brought Other
Than in an Individual Capacity. This mandatory arbitration provision is governed by the Federal Arbitration Act. Any action, claim, or demand (collectively “Claims,” and individually a “Claim”), including claims against CFP Board or any of the Released Parties, arising out of or relating to these Terms (including my obligation to comply with, and CFP Board’s enforcement of, CFP Board’s Standards and Policies) or the breach thereof, or my relationship with CFP Board, or regarding the application, enforcement, or interpretation of these Terms and this arbitration provision, shall be resolved through arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this paragraph. All Claims are subject to arbitration, no matter the legal theory on which they are based or the remedy (damages, injunctive, or declaratory relief) that is sought. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, common law (including common law due process), statutory or regulatory provisions, or any other sources of law, and Claims made independently or with other Claims. Any Claim permitted under these Terms arising out of or relating to any Administrative Order issued by CFP Board Counsel or any Order issued by CFP Board’s Disciplinary and Ethics Commission (collectively, “Order”) may be brought only if I have appealed the Order to, and obtained a final decision from, CFP Board’s Appeals Committee. I further agree that if I do not timely appeal any Order to CFP Board's Appeals Committee, then any such Order shall be final and I will not be permitted to challenge that Order or assert any Claim arising from or related to such Order in any forum. I may only bring a Claim permitted under these Terms in my individual capacity. I may not bring a Claim (whether as a plaintiff or class member) in any purported class action, private attorney general, or other representative action. The arbitrators will not award relief for or against anyone who is not a party. I understand and agree that no demand for arbitration arising from any Order or any final decision of CFP Board's Appeals Committee may be made more than sixty (60) days after the issuance and service upon me of a final decision of CFP Board's Appeals Committee, and that if I fail to timely assert an arbitration demand, any such final decision of CFP Board's Appeals Committee shall be final and binding on me, and that I will not be permitted to challenge that final decision or assert any Claim arising from that final decision. The arbitration shall be conducted by a panel of three arbitrators (“Arbitration Panel”), each of whom shall have at least five years of experience as a federal and/or state court judge. The place of arbitration shall be Washington, DC. The AAA shall send contemporaneously to each party an identical list of 15 names of persons chosen from the National Roster who satisfy the requirements of this paragraph. Each party shall strike no more than three of the names, number the remaining names in order of preference, and return the list to the AAA. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of three arbitrators to serve. If for any reason the appointments cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster who have at least five years of experience as a federal and/or state court judge, without the submission of additional lists. The AAA shall determine who shall serve as Chair of the Arbitration Panel. The Chair of the Arbitration Panel, or if a party needs emergency relief prior to the appointment of the Chair of the Arbitration Panel, then a single emergency arbitrator designated by the AAA, shall have the exclusive power to adjudicate any request for injunctive relief or other interim measure. The arbitrators shall require the parties to exchange only the documents on which the parties rely in support of or in opposition to any claim, defense or counterclaim, and to identify, including by providing the name and, if known, address and telephone number, of each person the parties will call to testify at the hearing. Additional discovery may be had only where the arbitrators so order, upon a showing of substantial need. The arbitration award shall be made within nine months of the filing of the demand to arbitrate; however, the parties may agree to extend this time limit. The arbitrators and the arbitration award shall comply with these Terms, including but not limited to, the Choice of Law, Limitation of Liability, and Attorney’s Fees provisions. The arbitrators are not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. Each party shall bear an equal share of the arbitrators’ and AAA’s administrative fees of arbitration. The arbitration award and any interim measure shall be final and binding on the parties and may be entered in a court of appropriate subject matter jurisdiction in the District of Columbia. In the event that I publicly disclose facts relating to the arbitration, CFP Board shall have the right to publicly disclose facts relating to the arbitration, including information which otherwise may be private or confidential under CFP Board’s Standards and Policies. In any event, CFP Board shall make a public report about the result of the arbitration that, without disclosing my identity, states who prevailed in the arbitration, and identifies the nature of the dispute including facts relating to the arbitration.
- Attorney’s Fees. In the event that I am
the prevailing party in the arbitration of a Claim involving me as a party in
opposition to either CFP Board or any of the Released Parties, the Arbitration Panel
shall award me my actual attorney’s fees and costs up to an amount that shall
not exceed $30,000, and CFP Board shall pay the full amount of the arbitrators’
and AAA’s administrative fees of arbitration.
- Miscellaneous.
- Integration. My Application, these Terms as they now exist or as they may hereafter be modified as permitted herein (including the documents incorporated herein by reference, as they now exist or as modified as permitted herein), and any written document signed by both me and CFP Board that is titled “Amendment to Terms and Conditions of Certification and Trademark License” constitutes the complete agreement between me and CFP Board, and supersedes all prior or contemporaneous oral or written representations, discussions, or understandings, with respect to the subject matter hereof. CFP Board may modify these Terms upon notice to me. No modifications by me to these Terms shall be binding upon CFP Board unless agreed to in writing by CFP Board.
- Assignment. I understand that I must not assign
or transfer my Certification or Trademark License or any of my rights or obligations under
these Terms. Any assignment, transfer or delegation by me of these Terms, my Certification or Trademark License, or any of my rights or obligations hereunder, shall be null and void. CFP
Board may assign these Terms, in whole or in part, and any other of its rights
herein, without prior notice to me and without restricting or obtaining my prior
consent.
- Relationship. My relationship with CFP Board is
that of an individual granted a Certification and Trademark License to use the Certification Marks pursuant to these
Terms. I do not have a partnership, franchise, joint venture, or agency
relationship with CFP Board. Neither these Terms nor my Certification or Trademark License create an employment relationship with CFP Board.
- Interpretation. These Terms, which I understand
are binding upon me in consideration for CFP Board processing my Application, shall
be interpreted in such a manner as to aid in effectuating the purposes and business
of CFP Board. Except for the Indemnified Parties and the Released Parties, to the
limited extent of their rights as addressed above, there are no third-party
beneficiaries of these Terms. No third party private right of action shall be
permitted against CFP Board for acts or omissions taken by CFP Board in the
furtherance of its purposes and business or in connection with these Terms. Failure
of CFP Board to insist on strict performance of the provisions contained herein shall
not constitute a waiver of those provisions or of these Terms and shall not prevent
CFP Board from later enforcing its rights under these Terms. For the purposes
of these Terms, (1) words in the singular shall be held to include the plural and
vice versa, and words of one gender shall be held to include the other gender as the
context requires, (2) the word “including” and words of similar import
when used shall mean “including, without limitation,” unless the context
otherwise requires or unless otherwise specified, and (3) the word “or”
shall not be exclusive. The presumptions of laws or rules relating to the
interpretation of contracts against the drafter of any particular clause shall not be
applied to these Terms.
- Primacy. In the event of a conflict
between or among these Terms and CFP Board’s Standards and Policies, the
provisions of these Terms shall govern.
- Notices and Announcements. Except as expressly provided otherwise herein, all notices to CFP Board must be in writing, delivered via overnight, courier, or certified mail, return receipt requested, to Certified Financial Planner Board of Standards, Inc., Attention Legal Department, 1425 K Street N.W., Suite 800, Washington, D.C. 20005, or to such other address as CFP Board hereinafter provides to me in writing. I agree to provide CFP Board my e-mail address, mailing address, and telephone number (“Contact Information”), and to notify CFP Board within thirty days of any changes to my Contact Information. All notices to me will be delivered to the mailing address or e-mail address that I have provided to CFP Board or that is associated with my name in CFP Board’s account records; however, CFP Board may provide notice to me of modifications to these Terms or CFP Board’s Standards and Policies via newsletter and website announcements. In addition, I authorize CFP Board to contact me via telephone, e-mail, or postal mail regarding information that CFP Board deems is of potential interest to me, unless I opt-out in accordance with the procedures set forth in CFP Board’s Privacy Policy. Notices and announcements may include commercial e-mails, telephone solicitations, and other notices describing changes, new educational products, and services or other information.
- Choice of Law. I agree and stipulate that these
Terms shall be deemed to have been entered into by both me and CFP Board in the
District of Columbia. These Terms and any Claim shall be governed by and
construed and enforced in accordance with District of Columbia and controlling U.S.
federal law. No choice of law rules of any jurisdiction will apply.
- Forum; Waiver of Objections to Personal Jurisdiction and
Venue; Waiver of Right to Jury Trial. I will not bring any Claim
except (a) in accordance with the Mandatory Arbitration provision set forth above,
and (b) where permitted under these Terms (including the Mandatory Arbitration
Provision set forth above), in a court of appropriate subject matter jurisdiction in
the District of Columbia. I expressly consent, and waive all objections, to
personal jurisdiction and venue by and in the courts located in the District of
Columbia. I hereby voluntarily and intentionally waive any right which
I may have to a trial by jury with respect to any proceeding, litigation,
or counterclaim based on, or arising out of, under, or in connection with
these Terms.
- Survival. Upon relinquishment, revocation, or
termination of my Certification or my Trademark License, my obligations under paragraphs e, f,
g, i, j, k, l, m, n, o, p, q, r, s and t of these Terms will remain in effect.
- Headings; Severability. The headings of
paragraphs herein are for convenience of reference only and are without substantive
significance. In the event that any provision of these Terms shall for any reason be
held invalid, illegal, or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision and these Terms shall be
interpreted and construed as if such term or provision, to the extent the same shall
have been held to be invalid, illegal, or unenforceable, had never been contained
herein.