Last Update: February 17, 2008 

The following statements set forth the Paladin Registry, Inc. (hereinafter referred to as “Paladin”) Terms of Use for the PaladinRegistry.com website (hereinafter referred to as “the Paladin Registry”). Please read this document carefully before using any  Paladin Registry information or services. By accessing the Paladin Registry, you acknowledge that you have read and understand the following Terms of Use and agree to be bound by the terms and conditions contained herein. Terms of use apply to investors and potential investors (hereinafter referred to collectively as “Investor(s)”), financial professionals (hereinafter referred to collectively as “Advisor(s)”), media, (hereinafter referred to as "Media"), and members of the general public (hereinafter referred to as “Public”) who access the Paladin Registry.

1. Non-Commercial Use

All services on this website are intended for your personal use and in accordance with the other terms and conditions of this agreement. It is not intended that any person or company use the information on the site, including the names of advisors, for recruiting, marketing of financial products or services, or purposes that otherwise violate the intent of the free Investor services on this website and/or is considered “Spam” by Advisors, Investors, or Paladin Registry. Persons or companies that violate this restriction or use the Paladin Registry for any other commercial purpose will be subject to legal action.

2. Copyrighted Material

All information, text and graphics that are provided on the website are the intellectual property of Paladin Registry, Inc. and/or third party providers and is protected by copyright and other intellectual property laws, with all rights reserved. Investors, Advisors, Media, and Public may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information on this site without the express written consent of Paladin in advance.

3. Service Mark and Copyright

“Paladin Registry”, “Paladin Investors”, “Paladin Registry Advisor”, “PaladinRegistry.com”, "Paladin Registry Fiduciary Advisor", “PaladinInvestors.com,” “Paladin Investor Resources“ “Paladin Principles”, and “Who’s Watching Your Money”? are claimed service marks or trademarks of Paladin Registry, Inc. All material, including text and graphics, presented on this site, are protected by the Copyright Laws of the United States of America and each of the States of the Union, along with various international treaties and laws. The information, materials and other content of this site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise be used for public or commercial purposes without the express written consent of Paladin Registry or the owner of the particular material protected by Copyright Law and such consent shall be in the sole discretion of the owner of the intellectual property so involved.

4. Intellectual Property

Investors, Advisors, Media, and Public understand and agree that the Paladin Registry website contains unique intellectual property that belongs exclusively to Paladin Registry and is provided for the exclusive limited use of Investors and Advisors who use the services on this site. All Investors, Advisors, Media, and Public agree to protect Paladin’s intellectual property from any person or company who would misuse it and agree to accept full responsibility for any illegal copying of such intellectual property should such an act be traced to the involvement of any Investor, Advisor, Media, or Public.

5. Links

Some links to third parties that are on this web site may require Investors or Advisors to provide additional information or enter into additional third party agreements, for links to be published on Paladin Registry's website.  Paladin is not responsible or liable for any information collected by third party websites and service providers and the use of the information by third party websites. “Deep Linking” to the Registry web site is expressly forbidden.

6. Financial Service Licenses/Hold Harmless Information

Paladin is not licensed to provide any type of investment advice or sell any financial products for compensation. Nor can Paladin participate in the revenue streams associated with the sale of financial advice or products by licensed advisors and companies. The primary purpose of the Paladin Registry is Investor education, information about advisors, and to provide a selection of profiled Advisors to Investors or Potential Investors. All Investors or Potential Investors agree to conduct their own due diligence and independent investigation of any Advisor they learn about on the Paladin Registry and to fully and independently investigate any claims or statements made by any such Advisor, including any information or claims that are published about any such Advisor on the Registry website. Further, all Investors and Potential Investors who use any tool or service on the Registry website agree to hold Paladin Registry harmless and to indemnify Paladin Registry from any claims of any nature regarding any involvement of any nature with any Advisor listed on the Paladin Registry website.

7. Additional Disclaimers:

All Investors or Potential Investors  agree to hold Paladin Registry HARMLESS and indemnify Paladin Registry (and all officers, owners, employees, partners, associates and agents) from any civil action or loss of any nature resulting from:

1. The results of any financial advisor who presents Investors or Potential Investors with advice that falls below the standard of care as reasonably expected by a fellow member of his industry or profession. In short, Investors or Potential Investors agree to waive any possible claim against Paladin Registry for any “bad advice” that Investors or Potential Investors receive from any advisor that Investors or Potential Investors found via the Registry.
2. Investors or Potential Investors agree to hold Paladin Registry harmless from any claim that Paladin Registry failed to adequately investigate the background, credentials or any other information relevant to any advisor that Investors or Potential Investors have located via the Registry.
3. Investors or Potential Investors agree to waive any potential claim that Paladin Registry expressly or via implication, made a claim that any or all advisors profiled in the Registry had superior performance, credentials, or qualifications compared to advisors who are not profiled in the Paladin Registry. Investors or Potential Investors agree that Paladin Registry is not claiming and has not claimed that any advisor profiled in the Paladin Registry “gives better advice” than any advisor not profiled in the Registry.
4. Investors or Potential Investors agree that Paladin Registry is not responsible for any background checks, despite any claims, for erxample “members have clean compliance records.” Investors or Potential Investors further agree to waive any such claims of this nature against Paladin Registry.
5. While the Registry promotes fees as the appropriate way to compensate advisors, some advisors who are members of this site may accept fees and commissions as their compensation. Some advisors may not disclose to the Registry that they accept commissions. Investors or Potential Investors agree to waive any and all claims arising from this issue against Paladin Registry and Investors or Potential Investors further agree and understand that it is Investor's or Potential Investor's sole responsibility to negotiate approprate types and amounts of compensation with Advisors. 
6. Investors or Potential Investors agree and understand that any advisor may provide Paladin Registry with incomplete, inaccurate, misleading, or false information and Paladin Registry does not independently investigate any such information or data, Investors or Potential Investors agree to hold Paladin Registry harmless from any claim arising from any such incomplete, inaccurate, misleading or fraudulent information or data and to defend Paladin Registry from any such claim.
7. Investors or Potential Investors agree and understand that any advisor may promise Investors or Potential Investors that he/she will provide full disclosure of information, credentials, education, experience, work history, criminal background, conflicts of interest, litigation history or other relevant information and that he/she may fail to provide such information, or may provide incomplete, inaccurate, misleading, fraudulent or false responses in his/her disclosures and that Investors or Potential Investors further agree to hold Paladin Registry harmless and defend Paladin Registry against any claim arising from such actions on the part of any advisor.

8. Accuracy of Information

Paladin shall not have any liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the information on the Paladin Registry website.

9. Free Public Services

Paladin does not charge Investors or Potential Investors for the services on the Paladin Registry website.

10. Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PALADIN REGISTRY, THIS SITE AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, PALADIN MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY ADVISORS, PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR OTHER TYPOGRAPHICAL ERRORS.  PALADIN MAY MAKE CHANGES TO THE MATERIALS ON THIS SITE AT ANY TIME WITHOUT NOTICE.  PALADIN MAKES NO COMMITMENT TO UPDATE THE SITE IN THE EVENT THE SITE IS OUT OF DATE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) PALADIN REGISTRY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ADVISORS, THIRD PARTY VENDORS, SPONSORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE, (II) PALADIN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (IV) PALADIN REGISTRY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING ADVISORS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  PALADIN REGISTRY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.  NO SOURCE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALADIN REGISTRY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 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.

11. Advisor Admittance Process

Paladin Registry’s Advisor admittance process is based on, but not limited to, the Advisor’s experience, education, certifications, fiduciary status, compliance record, wealth management services, methods of compensation and scope of current business, with all information and data provided to Paladin Registry by each Advisor. All information and data are not independently verified by Paladin Registry and all relevant background checks, due diligence, and investigation into any such claims, information and data must be solely and exclusively done by the Investor or Potential Investor. The Investor or Potential Investor, and all members of the General Public, agree to hold Paladin Registry harmless and to indemnify Paladin Registry against any losses or civil claims of any nature regarding reliance on any claim, information or data provided by any Advisor located via this web site. While the data, information and claims provided by any Advisor and published on this web site are potential characteristics that may assist an Investor or Potential Investor to make an intelligent, careful, and knowing decision regarding the selection of such Advisor, all such data, information and data must be independently investigated by the Investors or Potential Investors. While a high percentage of Advisors who apply for admittance to the Paladin Registry voluntarily withdraw or are declined by Paladin for various reasons, all Investors and Potential Investors must still complete an independent investigation of the Advisor prior to placing any assets with Advisor, buying the sales recommendations of Advisor, or following Advisor's advice.

12.  Five Star Quality Rating

Five Stars is a frequently used indicator that denotes high quality. All Advisors who are profiled in the Paladin Registry use the Registry's Five Star quality rating. The Five Star quality rating is not intended to be a certification or designation. Some Advisors who are profiled in the Paladin Registry have more credentials than other Advisors. All professionals are screened by Paladin Registry analysts to evaluate their qualifications for being profiled in the Registry. Screenings are based entirely on the materials, claims and information provided by Advisor and are not independently verified or investigated by Paladin Registry or Paladin Registry analysts. Paladin's evaluation process is based solely on information and claims presented to Paladin Registry by the Advisors for their credentials, ethics related claims, and business practice information, that includes their wealth management services, method(s) of compensation, client services and other information . Because the information presented by Advisor is not independently investigated or verified by Paladin Registry, Investor must be solely responsible for all such investigations and verifications. 

13.  Five Star Disclaimer

tHE Five star QUALITY RATING does not represent or imply that advisors WHO USE THE RATING will produce better results THAN advisors without A five star RATING or that they are reputable, honest or beyond fraudulent or misleading activies. AdvisorS who exhibit the five star QUALITY RATING will HAVE a range of QUALIFICATIONS as DESCRIBED IN THEIR PROFILES and claimed by the advisors themselves.. a Five star QUALITY RATING indicateS THE ADVISORS HAVE provided information and claims that, on the surface, MET the minimum qualitiative standards of the Registry, BUT doES not guarantee future results or the competence, services, and integrity of the advisors who are profiled in the Paladin Registry.

14. Endorsements,  Recommendations, and Testimonials

Information on the Paladin website is not an endorsement, recommendation, or testimonial for any particular Advisor, product, sponsor, third party website, or company. All data that appear in the Paladin Registry are for informational purposes only.

15. Independent Services
No financial advisor or financial planner is affiliated with, employed by, or licensed by Paladin. Paladin never participates in revenues that investors pay advisors for their advice, financial services, or financial products. No financial advisor or firm has an equity interest in Paladin. 

16. Search Consultants 

Paladin Registry provides a consultant for no charge to Investors to help them find financial advisors who are profiled in the Registry. Consultants use information provided by Investors to find advisors who are profiled in the Registry and meet Investors' requirements. Paladin Registry consultants do not recommend or endorse particular Advisors and no information that is provided by consultants is intended to be advice that impacts Investor decision-making. Investors are solely responsible for selecting advisors and conducting all necessary independent investigations of any potential Advisor claims that impact selection decision.

17. Advice Disclaimer

Paladin does not provide any type of financial, legal, or tax advice on this website. The content on this website is intended for informational and educational purposes only. Investors should consult a qualified, licensed financial, tax, or legal professional before making any decisions based on this website's information. 

18. Published Articles

The articles in Learn from the Experts, In the News, Market Letters, and Newsletters are for informational purposes only and should not be acted upon without a thorough review by a qualified professional. The articles were written or submitted by licensed professionals who are profiled in the Registry. Their information is not intended to be financial, legal, or tax advice from the Paladin Registry. The Advisors are solely responsible for any advice or recommendations that are found in their articles, the quality of the recommendations, and any outcomes associated with their information. Paladin Registry is not responsible for the content of articles or the views expressed in the articles. Paladin Registry publishes the articles as a free public service for Investors who want to expand their financial knowledge.

19. Advisor Recommendations

Paladin Registry does not recommend the retention, termination, or selection of particular advisors. The decision to select, retain, terminate, or replace planners or advisors is the sole responsibility of Investors. 

20. Investor Use

Investors use Paladin Registry services to increase their knowledge, find Advisors, and review the credentials and business practices of Advisors who are profiled in the Registry. Investors are solely responsible for their use of Registry information and Paladin has no responsibility or liability for Investors' use of Registry information and services and all Investors and users of the information, tools and services offered and published on this site are doing so at the sole risk of the Investor or user.

21. Advisor Questionnaire

Paladin provides the Advisor Questionnaire solely for information purposes to Investors who do not know the right questions to ask Advisors to obtain information about their credentials, ethics, and business practices. The questionnaire does not include all of the questions that Investors should ask Advisors. Advisors may or may not provide truthful answers in the questionnaire. Investors are encouraged to check all of the information that is provided by Advisors to validate its accuracy.

22. Advisor Rating System

Paladin provides the Advisor Rating System as an information service that Investors can use to measure the quality of Advisor responses in the Questionnaire. Investors should also develop their own measurement tools to facilitate comparing Advisors to each other. 

23. Safe & Easy Decision
Paladin uses the phrase "Safe and Easy" to describe the advisors who are profiled in the Registry. The foundation for this phrase is documentation. That is, Advisors who provide documentation are safer, easier choices than advisors who do not document information that describes their credentials, ethics, business practices, and services. Investors should still research the qualifications of advisors who are profiled in the Registy even though they provide this type of information.  

24. Competent & Trustworthy
Paladin refers to Advisors who are profiled in the Registry as competent and trustworthy. Paladin believes this statement is true based on information that's submitted by Advisors. Investors are still responsible for gathering additional information and conducting their own reviews to determine the competence and trustworthiness of particular advisors.

25. Reduced Risk of Bad Advice

Paladin believes the more you know about Advisors the better prepared you are to select high quality professionals and avoid low quality advisors who provide tainted advice and services. This statement is not a guarantee that Advisors who are profiled in the Registry do not give bad advice or market products that contain higher levels of investment risk.

26. Advisor Aggregate Characteristics

Paladin may advertise or promote the aggregate characteristics of the Advisors in the Paladin Registry. The data that describe Registry Advisors are based on random samples, and the actual percentages may be higher or lower than the data used by Paladin.

27. Compliance Records

Paladin checks the compliance records of all advisors and planners before they are admitted to the Registry on a best efforts basis. Paladin is not able to check the compliance records of all advisors before they are admitted to the Registry. A small percentage of advisors in the Paladin Registry may have one or more disclosures in their compliance records. Paladin reserves the right to review the disclosure(s). If, Paladin determine the complaint was frivolous, Advisor may be admitted to the Paladin Registry with or without full disclosure of the complaint in his or her Registry profile. Investors who use the Paladin Registry to find and review Advisors should always check the Advisors' ADV Part IIs and the Advisors' compliance records with the SEC, FINRA, and applicable State Regulators. Paladin provides links to these regulators on its external site in the Information Center. 

28. Paladin Compensation

All Advisors who have been admitted to the Registry, pay one or more fixed monthly membership fees to Paladin. Some Advisors may pay optional fees for matches to Investors who were referred to the Registry by third party websites or companies that generate referrals for Advisors who are profiled in the Registry. Paladin may or may not participate in the optional referral fees that are charged by third parties to offset its administration and match processing expenses.

29. Notification of Changes

The information on the Paladin Registry website is subject to change without notice. Paladin may or may not inform Investors and Advisors of changes to the website. In any event, Paladin is not liable for the completeness or timeliness of the notifications.

30. Privacy Policy and Third Party Websites

Paladin will protect the privacy of all Investor and Advisor data. Paladin has the right to send Investor and Advisor data to third party websites if Paladin cannot provide the services Investor or Advisor is seeking and Paladin believes one or more third party websites can provide the services. Paladin cannot guarantee that the third party websites will provide the services that Investor or Advisor is seeking, Paladin is not responsible or liable for any actions that are taken by third party websites that receive Investor or Advisor data from Paladin and the results of third party websites that are experienced by Investor or Advisor. Advisors and other service providers on third party websites do not have to meet the same quality requirements as Advisors who are profiled in the Paladin Registry. See the Privacy Policy on the bottom navigation bar of the Paladin Registry home page for additional information about Paladin's data collection and dissemination policies.

31. Usage Data

Paladin monitors the activity on the Registry website and uses general information, not personal information, to prepare reports that are used by Paladin and may be disseminated to Advisors, third parties, and the media.

32. Cookies

A cookie is a data file delivered by a small, automatic program that Paladin transfers to Investor or Advisor hard drives when they visit the Registry website. Paladin uses cookies to measure activity on its website, improve the content of its website, notify Investors and Advisors of enhancements to its website, and for general marketing purposes. You can disable cookies by reviewing the help file of your browser, but any such disability will affect the operation of the Registry website as displayed on your browser and will diminish your efficient use of the services on the Paladin Registry website.

33. Third Party Websites

The Registry website may be linked to certain third party websites that we believe add value for Investors and Advisors. Paladin is not liable for the quality, accuracy, security, completeness, or timeliness of their services. In addition, the link does not imply any form of endorsement or recommendation by Paladin. Links are for the convenience of Investors and Advisors only. Paladin is not responsible for the privacy policies of such websites and you should carefully review the privacy policy of each site prior to using its services.

34. Registry Icons and Links

Advisors may link their websites to Paladin using an icon or graphical link that is provided by Paladin. The use of the icon or graphical link does not represent a recommendation, endorsement or testimonial by Paladin.

35. Registered Investment Advisor
Paladin Registry, Inc. is an SEC Registered Investment Advisory firm. Paladin is registered with the SEC because it links investors to advisors through the Registry. Paladin does not sell any investment products or provide any financial advice.

36. Indemnification

You agree to indemnify, defend, and hold Paladin harmless as well as its officers, partners, owners, directors, agents, licensors, suppliers, and any third party providers to Paladin from and against all losses, expenses, damages, and costs, including reasonable legal fees resulting from any legal action that results from your use of any of the services on this website.

37. Limitation of Liability

IN NO EVENT SHALL PALADIN, ITS AFFILIATES AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PALADIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PALADIN.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALADIN THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF USE.  SOME JURISDICTIONS PROHIBIT EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY.

38. Governing Law,Jurisdiction and Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Terms of Use document will be resolved through mandatory binding arbitration conducted in Sacramento, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

39. General

The Terms of Use, Privacy Policy, Member Agreement, and other rules, guidelines, license agreements for downloadable software and disclaimers posted on this website constitute the entire agreement between Paladin and Investors, Advisors, and Public with respect to their use of this website.  Paladin Registry reserves the right to amend, change or modify the terms of this Agreement at anytime without any prior notice to you. In the event that you use any tool or service that Paladin provides subsequent to any amendment, change or modification having been made in this Agreement and published on this web site, such usage is your express agreement to be bound by the most current version of this Agreement, including any amendments, modifications or changes. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, Privacy Policy, Advisor Agreement, or portions thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.  Any failure by Paladin to enforce or exercise any provision of the Terms of Use, Privacy Policy, Member Agreement or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms of Use, Privacy Policy, and Advisor Agreement are purely for convenience and carry with them no legal or contractual effect.