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RIA Compliance Consultants, Inc.

Terms of Use for Sample Form

In exchange for RIA Compliance Consultants, Inc. (“RCC”) providing the purchaser as identified below (“Purchaser”) the sample form(s) purchased in order identified below for the agreed upon price, Purchaser hereby understands and agrees with the following terms, disclosures and limitations related to the sample form(s) purchased by Purchaser through RCC’s online store.

Download. Purchaser has 90 days to download or otherwise access the sample form from RCC's online store/website.
No Warranty or Guaranty. A sample document purchased through the online store of RCC is merely a sample and provided to Purchaser on “as is” basis with no warranty or guaranty whatsoever.
Not Customized. The sample document has not been customized to Purchaser’s business model, the specific investment advisory rules applicable to Purchaser’s investment adviser or the written supervisory procedures and code of ethics of purchaser’s investment adviser. This sample document may not be applicable or appropriate for every investment adviser or every situation.
Not Comprehensive. Purchaser should not consider a sample document purchased from RCC’s online store as an exhaustive, comprehensive or definitive list of the items necessary to meet Purchaser’s obligations under the applicable investment adviser laws and rules. There are factual situations, compliance issues and best practices related to a purpose or topic covered by the sample form which are not included, mentioned or covered by the sample form.
Not Intended to Prevent Fraud. The sample form is not intended to detect or prevent fraud including but not limited to inaccurate or false calculation of assets under management, false statements of the Form ADV, bribery, extortion, identity theft, forgery, misrepresentation, collusion to circumvent internal controls, selling away, unlawful sale of unregistered securities, failure to register as a securities broker-dealer or a registered representative thereof, Ponzi schemes, insider trading, undisclosed outside business activities, inaccurate or false fee calculations, a loan from a client, a bribe, unauthorized disbursement, theft, embezzlement, misappropriation or unlawful conversion by Purchaser or Purchaser’s owners, directors, officers, employees, investment adviser representatives, custodians, third-party money managers, vendors or outside professionals.
May Be Outdated. Due to changes of investment adviser laws and rules, this sample documented may become outdated and need to be updated or discontinued. Since this sample document may not reflect the specific investment advisory requirements of Purchaser’s securities regulator, Purchaser should check with the securities regulator(s) with jurisdiction over its investment adviser before using this document.
No Updates or Monitoring. The purchase of this sample document does not include any subsequent updates or amendment by RCC of the purchased sample document. Likewise, the purchase of this sample form does not include monitoring on behalf of and/or reporting to Purchaser any compliance issues related to this sample document.
Not Substitute for Retaining Compliance Professional. This sample document is not a substitute for retaining a compliance professional to advise and assist Purchaser regarding its investment adviser’s compliance program.
Not Consulting Engagement. Unless otherwise agreed to in writing, Purchaser understands and agrees that Purchaser has not engaged RCC in a consulting relationship by merely utilizing a sample form. Additionally, Purchaser understands and agrees that unless otherwise agreed to in writing, RCC is not responsible for customizing this sample document, updating the sample document, preparing Purchaser’s written supervisory procedures or code of ethics, or notifying Purchaser of changes to the investment advisor laws and rules.
No Third-Party Beneficiary. This sample form is for the exclusive benefit of Purchaser. The sample form is not provided for the benefit of a third-party such as a broker-dealer, custodian, or investment adviser that has a business relationship with Purchaser or an individual or entity who is a recipient of Purchaser’s investment advisory services.
Not Work Made for Hire & Limited, Non-Exclusive License. RCC shall retain sole ownership of the copyright of the sample form purchased by Purchaser and provided by RCC through its online store. RCC may use or sell the sample form to other parties without any limitations, restrictions or charges to RCC. Under no circumstances shall the sample form or any materials prepared by RCC pursuant to the agreement constitute works made for hire under copyright law. RCC shall grant Purchaser a limited, non-exclusive license to use the sample form provided by RCC under this agreement in the following manner and under only these conditions: (a) Purchaser may utilize the sample form for the purpose of operating Purchaser’s investment advisor firm and providing investment advisory services; (b) Purchaser may utilize the sample form in order to prepare new materials solely for Purchaser’s investment advisor or providing investment advisory services; (c) Purchaser may not sell the sample form; (d) Purchaser may not prepare new materials for any other investment advisor (except for an investment advisor which is Purchaser’s parent, subsidiary, affiliate or successor) based upon the sample form provided by RCC under this agreement; and (e) Purchaser may not transfer, assign or sell this limited, non-exclusive license to a third-party (except for Purchaser's parent, subsidiary, affiliate or successor) without RCC’s written authorization.
Limitation of Liability. IN NO EVENT WILL RCC'S AGGREGATE LIABILITY TO PURCHASER FOR ANY AND ALL CLAIMS RELATING TO THE SAMPLE FORM PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE SAMPLE FORM PROVIDED UNDER THIS AGREEMENT.

Purchaser understands and agrees to the above disclosures, limitations and terms related to the purchase of the sample form(s) through RCC’s online store.

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Signed by Bryan Hill, President of RIA Compliance Consultants, Inc.
Signed On: 01/26/2022

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01/11/2020 5:06 PM CDT

01/11/2020 8:55 PM CDT