The Empactful website is intended to be made available only to individuals in the United States, and the information on the website is only for such persons. Nothing on the Empactful site shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction.
3) Your Access
You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Empactful immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions.
You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete.
4) Alerts, Notifications and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
You may unsubscribe from marketing-oriented emails at any time.
5) Site Visitors
You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Empactful cannot be guaranteed and that Empactful cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of Empactful. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule.
You agree and understand that your use of Empactful is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Empactful is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Empactful as the primary basis of your investment decisions and, except as otherwise provided for herein, Empactful will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of Empactful or information you otherwise see on our website.
6) Disclaimer Warranties
Your use of Empactful's Website, and the personal information you provide is at your sole discretion and risk. Empactful's Website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Empactful.
EMPACTFUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO EMPACTFUL'S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. EMPACTFUL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
1. REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF EMPACTFUL'S WEBSITE, CONTENT AND/OR USER INFORMATION;
2. THAT EMPACTFUL'S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
3. THAT EMPACTFUL'S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR
4. REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY EMPACTFUL ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Empactful's Website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
7) Limitation of Liability
IN NO EVENT SHALL EMPACTFUL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF EMPACTFUL, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH EMPACTFUL OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EMPACTFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EMPACTFUL'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
You may request termination of your User Account at any time and for any reason by sending an email to firstname.lastname@example.org.
You agree 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;
• Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
• Use the services solely for your personal, non-commercial use;
• Use your real name on your profile and keep your password confidential;
• Use the Services in a professional manner
You agree you won't:
• Circumvent, disable, or otherwise interfere with security-related features of Empactful or features that prevent or restrict use or copying of any content or User information;
• Upload, email, transmit, provide, or otherwise make available:
◦ any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
◦ any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
◦ unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
◦ any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Empactful; or
◦ any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Empactful; or
◦ any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
• Use any meta tags or other hidden text or metadata utilizing a Empactful name, trademark, URL or product name;
• Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Empactful to send altered, deceptive, or false source- identifying information;
• Interfere with or disrupt (or attempt to interfere with or disrupt) any Empactful web page, server, or network, or the technical delivery systems of Empactful's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Empactful.
• Attempt to probe, scan, or test the vulnerability of any Empactful system or network or breach or impair or circumvent any security or authentication measures protecting Empactful;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Empactful;
• Attempt to access, search, or meta-search Empactful or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Empactful or other generally available third- party web browsers, including without limitation any software that sends queries to Empactful to determine how a website or web page ranks;
• Violate the terms of service or any other rule or agreement applicable to you or Empactful's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
• Collect or store personal information about other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
• Solicit any User for any investment or other commercial or promotional transaction;
• Violate any applicable law, regulation, or ordinance;
• Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
• Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
• Copy or use the information, content or data on Empactful in connection with a competitive service (as determined by Empactful);
• Monitor Empactful's availability, performance or functionality for any competitive purposes
• Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Empactful or content thereon by any person, please contact Empactful to report any abuse. Empactful has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Empactful Copyright and Intellectual Property Policy for further information.
You agree the only way to provide us legal notice is at the address provided in Section 9.5.
10) Integration & Severability
This Agreement is the entire agreement between you and us with respect to Empactful, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Your feedback is welcome and encouraged. You may submit feedback by emailing us at email@example.com. You agree, however, that (i) by submitting unsolicited ideas to Empactful or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Empactful. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Empactful together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
By signing below, I acknowledge and agree that:
1. I am opening a brokerage account with Folio Investments, Inc. (“Folio Client”), Empactful’s chosen custodian.
2. I am the Primary Account Holder listed below.
3. I have received and read the terms and conditions set forth in (1) the Folio Investments, Inc. Customer Agreement; (2) the Empactful Investment Management Agreement; and (3) the Empactful Wrap Fee Form ADV.
By signing below, I acknowledge and agree that under penalties of perjury:
1. I am a U.S. Person, and the tax identification number provided is correct.
2. I am not subject to backup withholding as a result of my failure to report all interest and dividends, or the Internal Revenue Service (IRS) has notified me that I am no longer subject to backup withholding. Check here ONLY if you are subject to backup withholding (provision # 2 does not apply).
The Folio Investments, Inc. Customer Agreement you agree to, by signing below, contains a predispute arbitration clause located at the Arbitration paragraph on page 7. The Internal Revenue Service does not require consent to any provision of this document other than the certifications required to avoid backup withholding.