Acceptance of Terms
The section below titled "Arbitration Clause" requires all claims to be resolved by way of binding arbitration. The section below titled "Class Action Waiver" contains a binding class action waiver. Please read both sections carefully, as they affect your legal rights.
The provision of advisory and brokerage services to Asset Expert's retail clients is governed by the Asset Expert's client agreements or, for clients solely receiving non-discretionary advice, the supplementary services client agreements. The provision of advisory and brokerage services to Asset Expert's Advisors clients is governed by the Asset Expert's for Advisors client agreements. The provision of advisory and brokerage services to 401(k) plans and their participants is governed by the service agreements between Asset Expert's and plan sponsors, as well as separate Participant Terms & Conditions. The provision of services by Asset Expert's Financial LLC is governed by the Asset Expert's Financial terms and conditions. Each of the foregoing agreements, collectively and individually, are referred to herein as the "Client Agreements." You should read any applicable Client Agreements carefully before determining whether to engage Asset Expert's to provide you with advisory, brokerage, and/or other financial services.
In general, references to "Asset Expert's" on the Platform refer to "Asset Expert's LLC." However, for purposes of these Terms and Conditions, the term "Asset Expert's" refers collectively to Asset Expert's LLC, Asset Expert's Securities, Asset Expert's for Advisors, Asset Expert's for Business LLC, and Asset Expert's Financial LLC, as well as their respective affiliates, partners, agents, and employees.
Use of the Platform
The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Platform is only intended for use by persons located in the United States. Asset Expert's makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, Asset Expert's makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.
Platform is for Educational Use Only
The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, Asset Expert's will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.
Access to the Platform
Asset Expert's reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms and Conditions, and the provision of any investment advisory and brokerage services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall control.
Actual performance information for Asset Expert's portfolios since creation (i) accounts for the timing of trades, withdrawals, deposits, and allocation changes, (ii) is inclusive of dividends, (iii) is net of Asset Expert's management fee, and if you are a client on Asset Expert's for Advisors, any management fee charged by the third-party Advisor, and (iv) will reflect the impact of any material market or economic conditions on your portfolio's performance. Management fees are accrued daily and charged monthly or quarterly. Management fees do not include any custodial or recordkeeping fees charged in connection with an HSA or 401(k). Market conditions can and will impact your performance, and past performance is not indicative of future results.
Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at Asset Expert's may lose value.
The return, composite, and performance information shown on the Platform use or include information compiled from third-party sources, including independent market quotations and index information. Asset Expert's believes the third-party information comes from reliable sources but does not guarantee its accuracy.
The Platform links to certain content created by third parties that are not affiliated with Asset Expert's. Asset Expert's is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. Asset Expert's assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.
Conditions of Use
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.
Access and Interference
You agree not to engage in any of the following:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Asset Expert's express written consent, which may be withheld in Asset Expert's sole discretion.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Explorer).
- Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.