Please read these Terms and Conditions ("Terms") carefully before using the FinanceHQ.com website and any associated mobile and software applications on which these Terms are posted (the "Service" or “Website”) as operated by FinanceHQ LLC (“FinanceHQ,” "us," "we," or "our"). The Service includes all offers or services displayed on or offered through the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. This arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its "Streamlined Arbitration Rules and Procedures," or another arbitrator or arbitral forum if JAMS is unavailable, and the arbitrator shall apply Delaware law, without respect to its conflicts of law provisions. For more information, see https://www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in the county where you reside. If you reside outside the United States and bring a Claim outside the United States, the laws may allow you to bring a Claim where you reside. As required by the arbitrator, or if you show that arbitration fees would be cost prohibitive, we will pay your initial consumer arbitration fee of $250 to JAMS. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. This arbitration agreement shall survive termination.
Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN DELAWARE. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN DELAWARE.
Choice of Law. THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN DELAWARE AND SHALL BE GOVERNED BY DELAWARE LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
The Service allows users to obtain general information (“Informational Content”) regarding financial organization and personal finance-related tools and resources. Informational Content includes information authored by third parties. Informational Content also includes general information authored by us. Examples of this may include general information we create regarding financial-related topics, planning strategies and financial organizational tools, tax information, and asset management. This information may be based on or include generalized information aggregated from third-party sources. Informational Content is for informational purposes only and is not information that you should rely on. Third-party authors are solely responsible for their content. FinanceHQ does not: (i) guarantee the accuracy, completeness, or usefulness of any Informational Content accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service.
Generalized information made available as part of our Informational Content is not intended as financial advice. Each person’s financial situation is unique, and you should not rely on any of the generalized information available on our Website when making financial decisions. Before you make any financial decisions or implement any financial, investment, tax, or estate planning strategies in response to information you viewed as part of our Informational Content, WE STRONGLY RECOMMEND THAT YOU SEEK ADDITIONAL INFORMATION FROM AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR WHO IS AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES AND IS QUALIFIED TO PROVIDE SAID ADVICE. Under no circumstances will FinanceHQ be responsible for any loss or damage resulting from your reliance on generalized information provided in connection with its Informational Content.
General. If you create an account with FinanceHQ, you warrant that your information is accurate and authorized. You are solely responsible for your account activity, including confidentiality; you must notify us of suspicious or unauthorized account access or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.
Users Seeking Advisor Services. Users may provide information regarding their financial information, assets, financial goals, and identifying information through the Service, either through their account, by providing information through the Service, or by being redirected to a third-party website for further action. Information users add to their accounts will be provided to FinanceHQ employees and agents and, as applicable, third parties as part of our Service. Please carefully choose what information to add to your account. You should ensure that any information that you provide is accurate and complete, and that it does not contain any sensitive personal information or content that you do not want disclosed. If you are using the Service on behalf of a business that provides evidence that you are not authorized to act on its behalf, we may remove you from associated accounts.
We also offer Advisor Network Services on our Website. As part of this Service, we provide you with the opportunity to connect with financial advisors, financial planners, and those who represent financial advisors and financial planners (our “Advisor Network”). In this capacity, we act as a registered investment advisor to connect you with members of our Advisor Network, who may in turn provide you with financial services. Our Advisor Network Services do not provide the opportunity to connect with all third-party financial planners, only those who are a part of our Advisor Network. Although we do not invite advisors to join our Advisor Network unless we determine, in our reasonable discretion, that these individuals are skilled and capable professionals, we do not monitor members of our Advisor Network on a day-to-day basis, nor do we make individualized determinations about their suitability for individual users. Thus, our decision to connect you with specific individuals and/or entities in our Advisor Network is not an endorsement or recommendation of these entities or individuals or the services they provide. You are responsible for performing your own due diligence in selecting a financial advisor. You acknowledge and agree that FinanceHQ shall not be responsible for any damage or loss caused or alleged to be caused by any action you take (or decline to take) with respect to your finances as a result of using our Service.
FinanceHQ does not have any duty to participate in ongoing monitoring of its Advisor Network, or of the accounts that users may create with them. Our obligation is limited to reviewing our Advisor Network members’ disclosure statements at least once a year, but this review does not involve tracking account performance or customer satisfaction. We do not establish advisory accounts, are not involved with investing your money and do not manage any accounts that you create with our Advisor Network. We do not provide advice regarding any specific investments. Our system matches users with members of our Advisor Network automatically, without human oversight, using our proprietary algorithm. This proprietary algorithm automatically matches you with members of our Advisor Network by considering suitability (such as geographic location) as well as your needs (such as the amount of assets that you are looking to invest). The order in which these members of our Advisor Network appear to you, or which members appear, may also be influenced by other factors, such as the characteristics of users that Advisor Network members want to be matched with, how much we are compensated for connecting you with certain members, or whether members of our Advisor Network have expressed a need to be connected with a certain number of users. Because we may receive compensation for connecting you with members of our Advisor Network, this may result in a conflict of interest. We may incorporate additional factors into our algorithm in the future, or may add or remove members from our Advisor Network, which may affect the system’s recommendations to you. You can read more information about the services we offer and potential conflicts that may result by reading our Form ADV Part 2A brochure, which is available here. You should carefully review our brochure before using our Advisor Network Services. Your use of our Advisor Network Services constitutes your consent to the limitations on the scope of our services.
By identifying a member of our Advisor Network who may be suited to provide you with financial advice, we do not promise that you will be accepted as a client, or that the Advisor Network representative will actually be able to provide the specific financial advice you seek. We make no such guarantees. We do not have authority on behalf of any member of our Advisor Network to bind them in any contract with you. The information we provide to you about our Advisor Network is entirely based upon information provided to us by third parties and may be inaccurate.
We do not provide any tax or legal advice. Do not share information with us, or with any member of our Advisor Network, for purposes of seeking legal advice. Information you share with us or with our Advisor Network may not be protected by any applicable legal privilege. If you share information with us or members of our Advisor Network that evidences past or future fraud or criminal activity (including but not limited to evidence of tax fraud, money laundering, or any other illegal activity), such information may be subject to reporting requirements and/or disclosure to relevant state and federal authorities.
By choosing to use our Advisor Network Services, you consent to receive required disclosure documents electronically to the email address associated with your FinanceHQ account. These disclosure documents will also be posted to your FinanceHQ account.
We are constantly updating our Website, including information provided by our Advisor Network. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Without limiting any other provision of these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to impersonate anyone or submit any false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or other network; (l) using an account not intended for you or breaching any authentication or password features without proper authorization; (m) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any source code used by FinanceHQ; and (n) to create multiple accounts to promote your (or another’s) business. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement," and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims of Infringement of any content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
You can contact our Copyright Agent via email at email@example.com
The Service and its original content, features, and functionality are and will remain the exclusive property of FinanceHQ and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FinanceHQ. Neither your use of the Service nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, FinanceHQ or any third-party trademarks, service marks, graphics, logos, or domain names. All content and other materials available through the Service, including without limitation the FinanceHQ logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by FinanceHQ or are the property of FinanceHQ’s licensors and suppliers or the product manufacturers. Except as explicitly provided, neither your use of the Service nor these Terms grant you any right, title, or interest in any such materials. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, display, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Subject to your compliance with these Terms, FinanceHQ grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to use the FinanceHQ Service for your personal, non-commercial purpose. All rights not expressly granted in these Terms are reserved by FinanceHQ.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, arbitration and choice of law, prohibited practices, indemnity, and limitations of liability. Any termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Service. Upon termination, FinanceHQ may, but has no obligation to, in FinanceHQ’s sole discretion, rescind any services and/or delete from FinanceHQ’s systems all your information and any other files or information that you made available to FinanceHQ or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
You agree to defend, indemnify, and hold harmless FinanceHQ and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) your breach of these Terms; (iii) your breach of applicable law(s); or (iv) your provision to FinanceHQ of information or other data. The indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice. You may not settle any claim without the prior written consent of the concerned indemnitees.
In no event shall FinanceHQ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty, regardless of the foreseeability or of notice, arising from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In no event will FinanceHQ be liable to you for any third-party content or products or your damages or loss related to your violation of these Terms. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between FinanceHQ and you. The Service would not be provided without such limitations.
Certain laws may limit the scope of this section. This section shall apply to limit our liability to the maximum extent allowable by law. Where the law prevents us from limiting our liability, such as under the Investment Advisors Act of 1940, this section will not apply.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You will not hold FinanceHQ, or its directors, employees, partners, agents, suppliers, or affiliates, responsible for any loss or damage that results from or relates to your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitation tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
FinanceHQ expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. FinanceHQ does not warrant that i) the Service will function uninterrupted, or that it will be secure or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Service is free of viruses or other harmful components; or iv) the Service or the results of using the Service will meet your requirements or expectations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect, including by sending you notice to the email address associated with your account where applicable. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
The Service is provided as-is. FinanceHQ makes no guarantees that the Service will be error-free or without interruption. Circumstances outside of our control, such as major weather events, hardware malfunction, or the actions of third parties, may result in interruptions to the Service, the complete loss of your data or account access, and more. FinanceHQ will not be liable for any such losses or interruptions, or for any damages flowing therefrom.
These Terms constitute the entire agreement between FinanceHQ and you concerning your use of the Service. These Terms are severable. Should any part of these Terms be declared invalid, void, or unenforceable by a competent court, such decision shall not affect the validity of any remaining portion of these Terms, which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach. These Terms and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of FinanceHQ. FinanceHQ may assign or transfer its rights or obligations hereunder. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third-party rights by you would cause irreparable injury to FinanceHQ and FinanceHQ’s licensors and Advisor Network, and would therefore entitle FinanceHQ or FinanceHQ’s licensors or suppliers, as the case may be, to injunctive relief. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from FinanceHQ, over the short term and periodically, including email communications. These communications will be about the Service, new offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.