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"). For the avoidance of doubt, this Agreement only applies to your use of this Site, not the provision of our investment advisory services which are separately governed by the documents accepted in order to become a client of MFWM, specifically our Investment Advisory Agreement (“IAA”) and Consent to Electronic Delivery.
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.
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 Client Support at 844-408-4390 (9-5 ET, Mon-Fri).
1. 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 we have delivered of our Client Relationship Summary (Form CRS) and Brochure (Form ADV Part 2A and 2B) and you agreed to the terms of our Investment Advisory Agreement (the “IAA”).
Your use of our separately managed account (or “Personal Portfolio”) and, if eligible, nondiscretionary financial planning services (the “Services”) is governed by the IAA, which must be agreed to prior to becoming a client of MFWM. Please refer to the IAA for the particulars of any part of your contractual relationship with MWFM outside of this Site and these Terms.
For more information about MFWM and our services, please read Brochure (Part 2A of our Form ADV), the IAA, and the Client Relationship Summary.
3. 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 a client, the custodian(s) where your account is held.
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.
4. 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 Client Support for any actual or suspected unauthorized use of your password.
5. 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 for lawful purposes only. Accordingly, you agree that you will not use (or allow others to use) the Site to:
- Transfer or otherwise sublicense your right to use our Site;
- 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 the Site;
- Resell or make any commercial use of the Site or the information therein;
- 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 use of our Site is a breach of this Agreement and a violation of the law. You agree not to access our Site 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.
This Section 8 along with Sections 10-16 will survive any termination of this Agreement together with all obligations, rights and causes of action that may have accrued prior to termination.
8. 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.
9. 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.
10. 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.
11. 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. This Site is intended for United States residents. MFWM makes no representation that the Site and any content therein is 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.
15. Entire Agreement
This Agreement represents the entire and complete understanding between you and MFWM regarding the use of the Site. 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.