Copyrights & Digital Millennium Copyright Act Notice

Last Modified November 1, 2023

OVERVIEW
Thank you for visiting one of the affiliated websites (“Website” or “Websites”) of The Independent Adviser Corporation, Inc. (“We” or “Our”). We connect individuals, families and businesses to Fee-Only professionals. Our main office is located at 482 W. Main Street, Huntington NY 11743. 

Our Websites include: AskMyAdviser.com, TheAdviser.com, The-Adviser.com, 1800ADVISER.COM, 401kPlanAdviser.com, The529Adviser.com, AskMyCounsel.com, College-Adviser.com, TheDivorce-Adviser.com, TheDivorce-Attorney.com, ElderLawAdviser.com, EstatePlanAdviser.com, IRSAdviser.com, Medicare-Adviser.com, RetirementPlanAdviser.com, SocialSecurity-Adviser.com, TheExecutor.com, TheTax-Adviser.com, FeeOnlyMarketing.com, FinancialPlanAdviser.comFinancialAid-Adviser.com, TheAdviserMagazine.com, TheAdviserTimes.com, FeeOnlyNews.com, FeeOnlyMarketing.com, TheWebsiteAdviser.com, and TheAdviserAcademy.com.  

Our Websites and 1800ADVISER are trademarks and services marks of The Independent Adviser Corporation and provide general information about the services we provide and other educational resources and informational material. Any person using information from these sites (“user”) agrees to be bound by our web sites Terms of Use, Legal Notices and Disclaimers and our Privacy Policy. If you do not agree with any of the Terms of Use, Legal Notices and Disclaimers and our Privacy Policy, you should not access or use the Websites for any purpose. 

GOVERNING LAW AND JURISDICTION
Our Terms of Use, Legal Notices and Disclaimers, our Privacy Policy and this Copyrights & Digital Millennium Copyright Act (“DMCA”) Notice are to be governed by and construed in accord with the laws of the State of New York, USA, without regard to choice of law principles, and U.S. federal and state courts located in the State of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute. 

 

USE OF THIRD-PARTY RSS FEEDS
Our Websites offer a diverse range of free investment research, educational resources, and informational material to individuals, families, and businesses. This includes third-party content that is distributed or redistributed to us through Really Simple Syndication (“RSS”) feeds. These feeds include those directly available on third-party websites or through RSS feed distributors. Our approach to using RSS feeds is designed to ensure compliance with both the spirit and letter of copyright laws, particularly under the Fair Use exemption of the Digital Millennium Copyright Act (DMCA), as outlined below:

Compliance with Fair Use: We believe that our usage of publicly available RSS feeds falls under the Fair Use exemption of the DMCA. This belief is based on our commitment to using these feeds for informational and educational purposes, thus adding value to the public domain without compromising the interests of the original content creators.

No Content Modification: In our distribution and redistribution of content from third-party RSS feeds, we do not make any modifications to the content as it is made available to us. This policy ensures the integrity of the original content is maintained, respecting the efforts of the original creators.

Source Attribution: In line with best practices and ethical standards, we provide direct links to the sources of information. Each article or content piece redistributed through our platform concludes with a “Source link,” directing users to the original content. This not only acknowledges the original creator but also encourages our users to explore the primary source for more detailed information.

No Claim of Ownership: We do not claim ownership of any content redistributed through third-party RSS feeds. Our role is that of a facilitator, providing a platform for diverse content while respecting the rights of the original owners.

Our use of RSS feeds reflects our dedication to respecting intellectual property rights and fostering a knowledge-sharing environment.

USE OF OUR RSS FEEDS
In line with our commitment to sharing valuable information and fostering a community of knowledge, we extend a limited, nonexclusive license to third parties to link to our Websites, as outlined in our Terms of Use, Legal Notices, and Disclosures. This license provides the use of our RSS feeds.

We encourage and allow users and other websites to utilize our RSS feeds, with the understanding that any use of our RSS feeds must include proper attribution to the original source of the information. When incorporating our RSS feeds into your content or platform, it is imperative to include a direct link back to the relevant page to the applicable Website. This ensures that the original context of the content is preserved and that our Websites are duly recognized as the source of the information. By adhering to these guidelines, users can effectively leverage our resources while upholding the principles of fair use and intellectual property rights.

INFRINGEMENT AND THE DMCA
We are committed to complying with U.S. copyright and related laws, require all Users of our Websites to comply with these laws just as we expect others to respect our rights. As an internet service provider, we claim immunity from potential or actual infringement claims pursuant to the DMCA. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. 

In the event that you claim to be the copyright owner of any content, you agree to immediately notify us of any claimed copyright infringement.  You further agree to provide us the following information as required by the DMCA, Title 17, U.S.C. § 512:  

  1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
  2. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online website or covered by a single notification, or a representative list of such works at that website;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
  5. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed.  Our Copyright Agent for notice of claims of copyright infringement on or relating to the website can be reached either by:

completing this Privacy and Digital Millennium Copyright Act Related Concern Form or 

sending a letter via the U.S. Mail to: 

Privacy Control Officer
The Independent Adviser Corporation
482 W. Main Street
Huntington, NY 11743

Please note that the DMCA provides for civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notice of infringement.  

We will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the website or (ii) disable access to the work(s).  We will also notify the affected customer or user of the Website of the removal or disabling of access to the work(s).  Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. 

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to us.  Upon our receipt of a counter notification that satisfies the DMCA requirements, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification.  In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.  

If a notification of claimed infringement has been filed against you, you can file a counter notification with our contact information shown above.  All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Material available in our websites is protected by copyright law.