Advisor User Agreement

ACCEPTANCE OF TERM OF SERVICE

By using the service offered by Aqumulate LLC (the Service) you are agreeing to be bound by the following terms and conditions (Terms of Service).

Aqumulate LLC (Aqumulate or we) reserves the right to update and change the Terms of Service at any time without notice. Any new features added to the Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You may not use the Service and you may not accept this Terms of Service if you are not of a legal age to form a binding contract with Aqumulate.

 

DESCRIPTION OF THE SERVICE

Aqumulate is meant as an aid to assist you in organizing and tracking financial information from various financial institutions (Third Party Institutions) and to view this information in your Aqumulate dashboard. Aqumulate is not intended to provide legal, tax or financial advice. Aqumulate is not a financial planner, broker or tax advisor.

There is a monthly fee associated with using Aqumulate. See the section on Pricing and Service Fees for more details.

 

CONDITIONS OF USE:

Your use of the Service is subject to the following conditions. Violation of any of the conditions below may result in the immediate termination of your account from Aqumulate.

1. No accounts created by bots, scripts, other automated methods are permitted.

2. You are solely responsible for maintaining the security of your login information. Aqumulate will not be liable for any loss or damage from your failure to secure your login information.

3. You understand and accept that use of this Service is at your own risk.

4. You understand and accept that the Service is provided on an AS IS and AS AVAILABLE basis.

5. You understand and accept that Aqumulate does not warrant that the service will always be available or free of all bugs or other defects. We will do our best to keep the service up and running, but we cannot guarantee 100% uptime. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Aqumulate, in its sole discretion, may elect to take.

6. When you provide Aqumulate any information, data, passwords or other content, you are licensing this content to Aqumulate for the purposes of providing you the Service.

7. You may not use the Service for any illegal or unauthorized purpose. You must not use the Service to violate any laws or regulations.

8. You may not modify, adapt or hack the Service.

9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Aqumulate.

 

ACCOUNT INFORMATION FROM THIRD PARTIES

With the Service, you may direct Aqumulate to retrieve information maintained online or through a server or installed application by Third Party Institutions with which you have customer relationships, maintain accounts or engage in financial transactions (Account Information). Aqumulate makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Aqumulate is not responsible for the products and services offered by Third Party institutions. You also authorize Aqumulate to use third party services including without limitation Fiserv (http://www.fiserv.com/customer-channel-management/account-aggregation-services/alldata-advisor.htm) to access and aggregate your account information from third party websites.

Aqumulate cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Aqumulate cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such Third Party Institutions. Such information may be more up-to-date when obtained directly from the relevant Third Party Institutions. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

Access to Account Information may change at any time without advance notice.

 

RIGHTS YOU GRANT TO AQUMULATE

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Aqumulate through the Service, you are licensing that content to Aqumulate solely for the purpose of providing the Service. Aqumulate may use and store the content, but only to provide the Service to you. By submitting this content to Aqumulate, you represent that you are entitled to submit it to Aqumulate for use for this purpose.

By using the Service, you expressly authorize Aqumulate to access your Account Information maintained by Third Party Institutions, on your behalf as your agent. Aqumulate will submit information including usernames, passwords, and security answers that you provide to log in. You hereby authorize and permit Aqumulate to use and store information submitted by you to the Service (such as account passwords, user names and security answers) to accomplish the foregoing and to configure the Service so that it is compatible with the Third Party Institutions for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Aqumulate a limited power of attorney, and appoint Aqumulate as your attorney-in-fact and agent, to access Third Party Institutions, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN AQUMULATE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY INSTITUTIONS, AQUMULATE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY INSTITUTIONS. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS NOT SPONSORED OR ENDORSED BY ANY THIRD PARTY INSTITUTIONS.

 

DISCLAIMER

THE SERVICE IS PROVIDED TO YOU ON AN AS-IS AND AS AVAILABLE BASIS. AQUMULATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AQUMULATE SHALL NOT BE LIABLE FOR ANY 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 RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) THE USE, INABILITY TO USE, UNAUTHORIZED USE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY INSTITUTION, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.

AQUMULATE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AQUMULATE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

AQUMULATE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS BASED ON SUCH INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

 

PAYMENTS

1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, or at the end of any trial period, if applicable

2. You must pay using a valid credit card acceptable to Aqumulate.

3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend, or terminate your use of the Service.

4. Aqumulate may choose to modify pricing for some or all of the Service at any time.

5. Aqumulate will automatically renew your monthly or annual Service at the current rates, unless you cancel the Service under this Agreement.

6. Aqumulate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

AQUMULATE'S INTELLECTUAL PROPERTY RIGHTS

Aqumulate contents, including but not limited to text, graphics, images, logos and button icons, computer programs and other material are protected under applicable copyright, trademark and other laws. The Service belongs or is licensed to Aqumulate. Aqumulate grants you the right to view and use the Service subject to the Terms of Service. Any distribution, reprint or electronic reproduction of any of the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent of Aqumulate.

 

INDEMNIFICATION OF AQUMULATE

You agree to indemnify and hold Aqumulate and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party arising out of your use of the Service, your violation of the Terms of Service, or your violation of any rights of another.

 

NO THIRD_PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.

 

ACCESS AND INTERFERENCE

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Aqumulate or any portion of Aqumulate, without Aqumulate's express written consent, which may be withheld in Aqumulate's sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Aqumulate, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Aqumulate or the Service;

or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Aqumulate or the Service.

 

REGISTRATION AND PASSWORD

By registering with of Aqumulate, you agree that all information provided during registration is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a username and password for your account and you agree to keep your password confidential at all times. The password is not to be shared with employees, coworkers, friends or family, unless expressly paid for with and done with the authorization of Aqumulate.

Aqumulate maintains strict rules to help prevent others from guessing your password. We also recommend that you change your password periodically. Your password is case sensitive and must be between 8 and 20 alphanumeric character in length, including (! @ # $ %), must start with a letter and must contain at least one number. You are responsible for maintaining the security of your username and password. You may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately, but in any event you should change your password immediately via the Service.

Aqumulate may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect your account is being used by more than the number of individuals that you have been assigned to under your account. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Aqumulate immediately if you learn of an unauthorized use of your password.

 

TERMINATION

You may terminate your use of the Service by submitting such termination request to Aqumulate.

You agree that Aqumulate may, without prior notice, immediately terminate, limit your access to or suspend your access to the Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Service, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Aqumulate's sole discretion and that Aqumulate shallnot be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.

 

PRIVACY

For information about Aqumulate's privacy practices, please read Aqumulate Privacy Policy, which is hereby incorporated into the Terms of Service. The Privacy Policy explains how Aqumulate treats yourpersonal information when you use the Service. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

 

CHOICE OF LAW AND FORUM

You and Aqumulate each agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Aqumulate, shall be brought exclusively in the courts located in the county of New York, New York or the U.S. District Court for the Southern District of New York. You and Aqumulate agree to submit to the personal jurisdiction of the courts located within the county of New York, New York or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

You also acknowledge and understand that, with respect to any dispute with Aqumulate, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or the Terms of Service: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

 

MISCELLANEOUS

1. The Terms of Service represents the entire understanding and agreement between you and Aqumulate regarding the subject matter of the same, and supersedes all other previous agreements.

2. The failure of Aqumulate to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Aqumulate and govern your use of the Service, superseding any prior agreements between you and Aqumulate (including, but not limited to, any prior versions of the Terms of Service).

3. If any portion of the Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Service that is unlawful, void or unenforceable shall be stricken from the Terms of Service.

4. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of the Terms of Service and the termination of the Terms of Service.

5. Aqumulate may modify the Terms of Service from time to time. Any and all changes to the Terms of Service will be posted on aqumulate.com. In addition, the Terms of Service will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms of Service when you use the Service after those changes are posted.

6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

TECHNICAL SUPPORT

Email support is currently offered for registered users of the Service. Support questions can be sent to support@aqumulate.com.

 

Last Modified: May 11, 2016.