This Terms of Service Agreement (this "Agreement") is made between you and Motley Fool Wealth Management, LLC ("MFWM," "we" or "us") and governs your use of the MFWM website, foolwealth.com (the "Site"). By using the Site, you are agreeing to be bound by the terms of this Agreement. If you do not agree to these terms, please do not use the Site or the services we provide.
MFWM may change these terms at any time and such changes will be effective immediately upon posting unless we indicate otherwise. We suggest that you periodically check back here for any changes. If you have any questions about this Agreement, your use of the Site or any of our services, please contact Member Services at 844-408-4390 (9-5 ET, Mon-Fri).
- MFWM Services
MFWM operates as a registered investment advisor under the Investment Advisors Act of 1940, as amended (the “Advisers Act”). We make our services available only after you have accepted delivery of our Form ADV Part 2 and accepted the terms of our Investment Advisory Agreement (the “IAA”).
We currently provide discretionary account management services through our separately managed account program (the “SMA Program”) as well as nondiscretionary investment and financial planning advice (collectively, the “Services”). As further detailed in the IAA (and hereby incorporated by reference), the exact services and tools made available to you will vary depending on the offering or package that you purchased.
For more information about MFWM and our Services, please read Part 2A of our Form ADV.
- Risk of Loss
All investments pose risk to investors. Significant losses can occur from investing in securities, or by following any investment strategy, including those recommended or applied by MFWM. The financial markets may change, sometimes rapidly and unpredictably, and you (or if applicable, MFWM acting on your behalf) may not have the ability to avoid or prevent losses. By using the Services, you understand and acknowledge that: (a) MFWM does not in any way guarantee or ensure the success of any financial plan or investment; and (b) past performance is not an indication of future results.
- Third Party Software and Service Providers
- Interactive Brokers.
Brokerage and custody services for our SMA Program is handled exclusively by Interactive Brokers, LLC (“IB”). Accordingly, as a condition of participating in the SMA Program, you must be an IB account holder or open and fund an account with IB. The terms and conditions for deposit, withdrawal of funds, execution services, margin trading, or access to your account will be governed by IB in its role as sole custodian and broker. All claims or disputes regarding IB’s website, services and practices are solely between you and IB. Accordingly, you acknowledge that MFWM will not be liable for any such claims or disputes and that your sole remedy in such instances is against IB.
Interactive Brokers LLC is a registered Broker-Dealer, Futures Commission Merchant and Forex Dealer Member, regulated by the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA), and is a member of the Financial Industry Regulatory Authority (FINRA) and several other self-regulatory organizations. Interactive Brokers does not endorse or recommend any introducing brokers, third-party financial advisors or hedge funds, including Motley Fool Wealth Management LLC. Interactive Brokers provides execution and clearing services to customers. None of the information contained herein constitutes a recommendation, offer, or solicitation of an offer by Interactive Brokers to buy, sell or hold any security, financial product or instrument or to engage in any specific investment strategy. Interactive Brokers makes no representation, and assumes no liability to the accuracy or completeness of the information provided on this website.For more information regarding Interactive Brokers, please visit www.interactivebrokers.com.
- Financial Planning Counseling Software. Money Guide Pro (MGP) is a third party software and platform providers whose systems we use to provide our financial counseling services, and if applicable create your financial plans. MGP allows you to store, aggregate and share your financial information with us. While MFWM may be able to view and analyze the information that you have aggregated or uploaded to these platforms, we do not have the ability to change or delete your data.
- Interactive Brokers.
Your use of the MGP platform is exclusively governed by MGP’s respective terms, conditions and policies. By using and accessing MGP’s services, you expressly agree to be bound by such terms, conditions and policies as stated on their websites.
MFWM cannot guarantee the accuracy, timeliness or security of the information retrieved or maintained by MGP. We assume no responsibility for the timeliness, accuracy or failure to deliver your account information. Any and all claims or disputes regarding MGP’s websites, services and practices are solely between you and the service provider in question. Accordingly, MFWM will not be liable for any such claims or disputes.
- Your Consent to Electronic Delivery
Electronic communications may be posted on this Site and/or delivered to your email address on file. All communications in electronic format will be considered to be in "writing" and deemed to have been delivered to you upon posting or dissemination, regardless if you have actually read, received or retrieved the communication.
This consent will continue until you notify us in writing that you revoke your consent. However, if you revoke your consent to receive communications electronically, we may terminate your right to use the Services.
With respect to the Regulatory Disclosures, if an email notification is undeliverable, we will attempt to deliver such materials to the most recent postal address you provided to either our affiliate, The Motley Fool, LLC (“TMF”) or if you are an SMA account holder, to Interactive Brokers.
Please be sure to sure to keep your information current. We will treat an invalid email (and in the case of any Regulatory Disclosures, an invalid postal address) as a revocation of your consent to receive electronic communications.
- Your Responsibilities
- Providing and Maintaining Accurate Information. Our services are highly dependent on the information you provide to us. You are responsible for providing us with accurate, complete and up-to-date information.
- Passwords. You are responsible for maintaining the confidentiality of your password and are fully responsible for actions taken through the use of your password. You agree to immediately contact Member Services for any actual or suspected unauthorized use of your password.
- Intellectual Property; License
The Materials on the Site and included in our Services is protected by U.S. and international copyright and other intellectual property laws and is the property of MFWM and/or its licensors. "Materials" is defined as all technology, content, software, tools, information, graphics, videos, and all other features found on the Site. Subject to the terms and conditions of this Agreement, MFWM grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site for your personal and informational use only. At any time, and for any reason, we may revoke your right to use all or any portion of the Site.
You agree to use the Site and our Services for lawful purposes only. Accordingly, you agree that you will not use (or allow others to use) your access to the Site to:
- Transfer or otherwise sublicense your right to use our Services;
- Attempt to copy or otherwise reproduce the Materials or any other part of the Site;
- Attempt to access, decompile, reverse engineer or otherwise derive the source code for any technology associated with Services;
- Resell or make any commercial use of the Services;
- Alter, remove or fail to include any copyright notice or other proprietary rights notice that appear on any user interfaces related to the Services or authorized reproductions thereof;
- Violate or attempt to violate the security of the Site through any means or device, including without limitation, spamming, hacking, or uploading computer viruses or time bombs;
- Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of the Site; and
- Take any action that damages or disrupts the functioning of the Site or our systems, or that imposes an unreasonably or disproportionately large load on our infrastructure.
Unauthorized access of our Site is a breach of this Agreement and a violation of the law. You agree not to access our Site or make use of our Services by any other means than through the interfaces we provide.
You will be responsible for any liability to MFWM that arises out of your breach of this Agreement. You agree to indemnify MFWM and its affiliates, agents, employees, and third-party providers against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) that arise from, or relate to: (i) your use of the Site; (ii) your breach of this Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation, or any third party's rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of this Agreement or violation of applicable law.
- Termination of this Agreement.
You may terminate this Agreement and cease using our services at any time with notice. We reserve the right to terminate this Agreement and end our advisory relationship if you: (i) breach the provisions of this Agreement or the IAA in any material respect (as determined by MFWM in our sole discretion); or (ii) revoke your consent to receiving electronic communication. If you are a Motley Fool One subscriber, this Agreement will also terminate if you cancel your Motley Fool One membership.
In the event of termination, howsoever occasioned, it may take up to ten (10) days to disassociate your account from our SMA Program. You acknowledge and understand that during this interval, MFWM may make trades on your behalf.
This Section 10 along with Sections 12-18 will survive any termination of this Agreement together with all obligations, rights and causes of action that may have accrued prior to termination.
- Site Availability
MFWM's Services are made available to you predominately through the Internet and while we make all reasonable efforts to avoid tech-related problems, a portion or the entire Site may at times be unavailable and not function properly. MFWM is not liable for any Site problems and any resulting impact it may have. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. You understand that you use the Site at your own risk.
- Disclaimer of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ALL MATERIAL AND SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." MFWM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERAL DISCLAIMER, MFWM DOES NOT WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OR DATA THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
- Limitation of Liability
IN NO EVENT WILL MFWM AND OUR AFFILIATES, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST OF PROFITS, OPPORTUNITY, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES EVEN IF MFWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
- Intended for U.S. Residents Only
MFWM and its investment advisor representatives may transact business only in states where they are registered, excluded, or exempted from state registration requirements. Our services are made available to United States residents. MFWM makes no representation that the Services and the Site are appropriate for users residing outside the United States, or are permitted under the laws of other jurisdictions. If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for complying with all applicable local laws.
This Site will not be considered an offering of any investment service to any person in any jurisdiction where such offering would be illegal.
The laws of the Commonwealth of Virginia will govern this Agreement, without regard to choice of laws provisions.
This Agreement contains a pre-dispute arbitration clause. Therefore, all controversies that may arise between us concerning this Agreement and your use of this Site will be determined by arbitration before a panel of independent arbitrators set up by the American Arbitration Association. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out of the class regarding any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class is decertified; or (iii) the court excludes the client from the class.
We may transfer our rights and obligations under this Agreement in whole or in part at any time without your consent but we will notify you if such assignment or transfer is to an unaffiliated party.
You may not assign this Agreement or delegate any of your obligations hereunder, except through bequeathment or court order.
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of these terms and conditions will remain in full force and effect.
- Entire Agreement
This Agreement along with the IAA represents the entire and complete understanding between you and MFWM regarding the use of the Site and the Services we provide. In the event of a conflict between the terms of this Agreement and the IAA, the latter will control but solely as to the subject matter therein.