Terms of Service
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING (OR CONTINUING TO USE) THIS WEBSITE OR THE APPLICATIONS AND OTHER FEATURES OFFERED THROUGH THIS WEBSITE. This website (the “website” or “site”) is operated by Align Wealth Management, LLC (“Align”). All registered users of this website agree that access to, and use of, this site and any of the applications and other available features (collectively the “Applications”) are subject to the provisions of this User Agreement, in addition to the general Terms and Conditions of this site. In the event of any conflict between this User Agreement and the Terms and Conditions, this User Agreement shall control. If you do not agree to this User Agreement, you may not use Applications and areas of the site that are only accessible to registered users.
Align uses third-party technology to manage and aggregate client assets that are held away. This technology is provided by OWL Technology, LLC (“Owl”). Clients are not charged extra for these services, but a portion of the client fee paid to Align is paid to Owl for these services.
Registration and User Account:
Upon registration you are required to establish a user account, which will be accessible upon input of an authorized email address, a designated password, and other required information at either log in or initial user registration. You are responsible for maintaining the security of any user passwords or other access codes for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.
Scope of Access and Related Rights:
Subject to the provisions of this User Agreement, Align grants to you a limited, revocable right to access and use solely for your own personal use (and not on behalf of any third party) this website and the Applications. You may not use this site on any basis for a third party, on any rental or timesharing basis, or where a third party is charged by you for the use of this site or the use of the Applications or the results of the Applications. You agree not to modify, adapt or translate any part of the site or the Applications, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Applications or this website. Further, you may not reproduce all or any portion of the Applications or this site. The Applications and this website are the intellectual property and confidential information of, and are owned by OWL.
Provide Accurate Information:
You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
Content You Provide:
You are licensing to Align and its service providers as defined above, any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Align and its service providers may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Align may use the Content for the purposes set out above. As between Align and its service providers, Align owns your confidential account information.
Third Party Accounts:
By using the service, you authorize Align and Owl to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Align a limited power of attorney, and you hereby appoint Align as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each act and all things requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ALIGN OR OWL ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, ALIGN IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALIGN AND OWL EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALIGN AND OWL MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIGN OR OWL THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY:
YOU AGREE THAT NEITHER ALIGN OR OWL NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ALIGN OR OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
In respect to non-advisory services performed by Align, you agree to protect and fully compensate Align and Owl and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that Owl is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Owl were a party to this Agreement.
Electronic Signature and Affirmations; Investor Representation; Acceptance of Investment Adviser Agreement; Reaffirmation of User Agreement:
At certain times during your use of the site and Applications on the site, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. In each such instance, you agree that your clicking on the appropriate box, tab or other link shall constitute an electronic signature for purposes of your use of the site, and the Applications and the electronic record thereof maintained by Align shall be considered conclusive evidence of whether you accepted, declined or otherwise acknowledged such matter, absent manifest error by Align.
Certain areas of the site are only available for use by individual investors solely for his or her own account (an “Individual Investor”) in the United States and the information contained on this site in connection with such areas and Applications is only made available on that basis. Accordingly, upon your use of any such area or Application, you may be prompted to represent (and upon each use of such area or Application will be deemed to have represented) (the “Representation”) to Align that you are an Individual Investor accessing this site from the United States solely for your own account. Align is not a registered broker or dealer. Consequently, no information contained in this site constitutes an offer by any member, employee or affiliate of Align to buy or sell any securities or financial instruments. Neither Align nor any affiliate will have any liability to you for any losses arising directly or indirectly from any information accessed as a result of any false or erroneous Representations made by you.
Use of certain areas of the site or Applications on the site requires agreement to an Investment Adviser Agreement. When you use any such areas or Applications, you will be prompted to review and agree to or decline agreement of the terms of the Investment Adviser Agreement.
By making the Representation and by agreeing to the Align Advisory Agreement, you have also been deemed to have reaffirmed your agreement to, and that you have read and understood, this User Agreement.
Website and Applications Updates:
From time to time, Align may update the Applications and this website, which updating shall be at Align’s sole discretion. Align shall have the right at any time, in its sole and absolute discretion, to modify or delete features and to change the operating interface of this website or in the Applications, or to change the hardware and computer system specifications necessary or recommended to operate or access the website and/or Applications. Align does not warrant the level of performance of the Applications, that newer versions of the website or Applications will continue to be accessible in a user’s specific operating environment unless that environment conforms with the specifications applicable to such new version, or that earlier versions of the website or Applications will continue to be accessible upon release of newer versions.
Align may terminate and disable your access to this website and the Applications at any time if you violate this User Agreement. You agree that Align will not be liable to you or any third party for any termination or disabling of your use of this website or the Applications as a result of your failure to comply with this User Agreement. If your use of our site is terminated or disabled for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination or disabling of access.
Disclaimers and Cautionary Notes:
THIS SITE AND THE APPLICATIONS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE, THE APPLICATIONS OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALIGN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE APPLICATIONS OR THE SERVER THAT MAKES THE SITE AND APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALIGN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALIGN IS PROHIBITED UNDER APPLICABLE U.S. SECURITIES LAWS FROM OFFERING INDIVIDUALIZED INVESTMENT ADVICE THROUGH OUR WEBSITE AND, THEREFORE, WE ADVISE YOU THAT WE WILL NOT BE ABLE TO RESPOND TO ANY PERSONAL QUESTIONS ABOUT YOUR PARTICULAR INVESTING SITUATION. WE ALSO STRONGLY ADVISE YOU AGAINST POSTING ANY PERSONAL INFORMATION IN ANY PART OF OUR SITE THAT ALLOWS POSTING OF COMMENTS OR QUESTIONS, AS SUCH AREAS OF OUR SITE ARE OR MAY BE OPEN TO ALL USERS OF THE SITE, INCLUDING BOTH REGISTERED AND UNREGISTERED USERS AND YOUR PERSONAL INFORMATION COULD BE COMPROMISED OR STOLEN. WITH RESPECT TO ANY INFORMATION CONCERNING PERFORMANCE OF ANY FUNDS OR OTHER INVESTMENTS, WE CAUTION YOU THAT FUTURE PERFORMANCE MAY BE LOWER OR HIGHER THAN OUR EXPECTATIONS, AND THAT CURRENT PERFORMANCE MAY BE LOWER OR HIGHER THAN THE HISTORICAL PERFORMANCE, AND HISTORICAL PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS. PRICE, VALUE, YIELD AND RETURN WILL VARY, AND YOU MAY HAVE A GAIN OR LOSS WHEN YOU SELL. EXCHANGE TRADED FUNDS (“ETFs”) ARE SUBJECT TO RISKS SIMILAR TO THOSE OF STOCKS. INVESTMENT RETURNS WILL FLUCTUATE AND ARE SUBJECT TO MARKET VOLATILITY, SO THAT AN INVESTOR’S SHARES, WHEN REDEEMED OR SOLD, MAY BE WORTH MORE OR LESS THAN THEIR ORIGINAL COST. UNLIKE MUTUAL FUNDS, SHARES OF ETFS ARE NOT INDIVIDUALLY REDEEMABLE DIRECTLY WITH THE ETF. MUTUAL FUNDS ARE SUBJECT TO RISKS SIMILAR TO THOSE OF STOCKS. INVESTMENT RETURNS WILL FLUCTUATE AND ARE SUBJECT TO MARKET VOLATILITY, SO THAT AN INVESTOR’S SHARES, WHEN REDEEMED OR SOLD, MAY BE WORTH MORE OR LESS THAN THEIR ORIGINAL COST. ALIGN USES REASONABLE EFFORTS TO UPDATE THE INVESTMENT PLAN INFORMATION THAT IS AVAILABLE ON OUR SITE EACH DAY THAT THE MAJOR STOCK EXCHANGES IN THE UNITED STATES OPERATE. HOWEVER, THERE MAY BE CASES WHERE DUE TO TECHNICAL OR OTHER REASONS WE ARE UNABLE TO DO SO. EACH USER IS ADVISED TO CHECK THE APPROPRIATE SECTION OF THE SITE THAT INDICATES THE DATE THAT THE INVESTMENT PLAN INFORMATION WAS LAST UPDATED ON THIS SITE.
Limitations of Liability:
ALIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE APPLICATIONS, THE PERFORMANCE OR USE OF THIS WEBSITE, THE APPLICATIONS, OR ANY INFORMATION OR PRODUCTS AVAILABLE THROUGH THIS SITE, EVEN IF ALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicability of Terms and Changes:
This User Agreement is applicable to you upon your completing the registration process, which requires you to accept the User Agreement. You agree that Align may revise the provisions of this User Agreement at any time; provided that if Align makes any revisions, Align will provide notice to you of such revisions, which notice may be given by any of the following means: (i) by the posting of a notice on a prominent screen or area within the Alignfin.com access menu or when you use an Application that requires you to expressly agree to the User Agreement or the Terms and Conditions (if you are not yet a registered user), (ii) by email to the email address that you provided to Align, (iii) by regular mail to the mailing address that you provided to Align, or (iv) by any other electronic or non-electronic means that Align believes is reasonably likely to alert you to such changes (which may include by labelling the link on our website home page to this User Agreement with the words “Updated User Terms” or similar wording, which will alert you to changes in this User Agreement).
Additional Restrictions on Use; Disclaimers Concerning User Content:
In addition to the disclaimers above, Align does not assume any responsibility to review any communications and materials posted to or created by users accessing the site, and Align is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Align is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Align reserves the right to block or remove communications or materials that it determines to be: (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property right of another or (iv) offensive or otherwise unacceptable to Align in its sole discretion.
You further agree that you will not utilize in any manner the site or the Applications products or services we offer on our site:
To violate, whether intentionally or unintentionally, any applicable local, state, national or international law, rule or regulation including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the rules of any securities exchange or other market system;
To upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any ETF or other security or to otherwise disclose any information that you do not have the right to disclose; or
To advertise, offer for sale or sell any securities whether registered or unregistered.
In respect to non-advisory services performed by Align, you agree to indemnify, defend, and hold harmless Align, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this User Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site or the Applications using your user account.
In an attempt to provide increased value to our visitors, Align may link to sites operated by third parties. However, even if the third party is affiliated with Align, Align has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Align. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Align seeks to protect the integrity of its website and the links placed on it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Notice and Address:
Align may deliver notices to you concerning your activities on this site by means of email, a general notice on the site, or by other reliable method to the address you have provided to Align. Align’s email address is to Info@alignmywealth.com.
Your use of this site and the Applications shall be governed in all respects by the laws of the state of Illinois, United States, without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site or the Applications shall be in the state or federal courts located in the County of DuPage, Illinois. Any cause of action or claim you may have with respect to the site or the Applications must be commenced within one (1) year after the claim or cause of action arises. Align’s failure to insist upon or enforce strict performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of this User Agreement. Align may assign its rights and duties under this User Agreement to any party at any time without notice to you.