Terms of Use
Effective Date: Jan 1st, 2023
Introduction
PLEASE NOTE THAT THESE TERMS OF USE REQUIRE BINDING ARBITRATION OF DISPUTES (see below for details). If you have an investment account, contract, annuity or insurance policy or certificate with us, your customer relationship may be subject to other agreements, including your policy, certificate or account agreement. In the event of any conflict between these Terms of Use and such policy, certificate or account agreements, including provisions with respect to arbitration set forth herein, your policy, certificate and account agreements control.
PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU ACCESS THE SITE OR THE CONTENT, YOU ARE AGREEING TO THESE TERMS OF USE. YOU WILL BE REQUIRED TO REVIEW AND AFFIRMATIVELY ACCEPT THESE TERMS OF USE IN ORDER TO ESTABLISH AN ONLINE ACCOUNT WITH US AND TO ACCESS THE ONLINE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, OR ONLINE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME BY POSTING AN UPDATED VERSION AT THE SITE. WE WILL INDICATE THAT CHANGES TO THESE TERMS OF USE HAVE BEEN MADE BY UPDATING THE “LAST REVISED” DATE SET FORTH ABOVE. FOR THOSE WITH AN ONLINE ACCOUNT, UPON AN UPDATE TO THESE TERMS OF USE YOU WILL BE REQUIRED TO REVIEW AND ACCEPT THE THEN-CURRENT TERMS OF USE PRIOR TO LOGGING-IN AND ACCESSING YOUR ONLINE ACCOUNT. ALL SUCH CHANGES WILL BE EFFECTIVE UPON POSTING UNLESS OTHERWISE STATED. YOU SHOULD PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS OF USE. YOUR CONTINUED USE OF THE SITE AND ONLINE SERVICES FOLLOWING CHANGES TO THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Proprietary Nature of Site and Content
The material and content accessible on or generated by this Site including (without limitation), applications, calculators, software, text, articles, reports, audio and video files, images, trademarks, service marks, logos, and icons (the “Content”) is owned or licensed by the Company and protected by copyright and other laws in the United States and other countries. Subject to your compliance with these Terms of Use, the Company grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and make non-commercial (excepted as permitted in the following sentence) use of the Site, the Content and the Online Services only in the manner approved by the Company. Unless you are an authorized distributor or financial advisor appointed with us wherein your written agreement addresses your rights to use and modify Content, neither the Site nor the Content may be used for any commercial purpose or be framed, copied, reproduced, performed, displayed, distributed, republished, uploaded, posted, scraped, spidered or transmitted in any way, without our prior written consent, which may be withheld in our sole discretion, except that you may print out or electronically save a copy of the Content, these Terms of Use and the Online Privacy Statement for your personal use and records. In doing so, you may not remove or alter any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Site or Content, except as expressly provided in these Terms of Use, violates the intellectual property rights of the Company and its licensors. Except for the limited license granted above, the Company does not convey any interest in or to the Site or Content by permitting you to access the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Company or its licensors.
Trademarks, Service Marks and Copyrights
Hyperlinks
SEE THE SECTION BELOW TITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE,” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
Privacy
Please review our Online Privacy Statement, which also governs your access to the Site and use of the Online Services.
No Representation as to Suitability; No Investment Advice
Nothing on this Site or in any of the Content (including the results of any online retirement calculators) should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other Content on this Site (including the results of any online calculators) is solely for convenience and informational purposes and should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction. We make no representation as to the financial investment or suitability of any product or service described on this Site for any user. All such information is general in nature and does not consider your personal financial situation, nor constitute an endorsement or recommendation of any investment program, service or other product, or the suitability of it for you. In order to evaluate whether a particular product or service is suitable for your financial needs, you should contact a qualified financial professional. Nothing on this Site constitutes an offer to sell or a solicitation to buy any security or any insurance product. All insurance or securities transactions require signed agreements between us and our customers, and the terms of those agreements are binding on the parties.
Forward-Looking Statements
All of the Company’s or its parent financial information on this Site, whether historical in nature or forward-looking, including those about management expectations, strategic objectives, growth opportunities, business prospects, anticipated financial results and other similar matters, speaks only as of the date the information is posted on this Site. Forward-looking statements represent only management’s beliefs regarding future performance, which is inherently uncertain. There are a variety of factors, many of which are beyond the Company’s or its parent’s control, which affect its operations, performance, business strategy and results and could cause its actual results and experience to differ materially from the expectations and objectives expressed in any forward-looking statements. These factors include, but are not limited to, actions and initiatives taken by current and potential competitors, general economic conditions, the effects of current, pending and future legislation, regulation and regulatory actions, and the other risks and uncertainties detailed in this report. Accordingly, we caution you to not to place undue reliance on forward-looking statements. We do not undertake any obligation to update such information after it is posted or to remove such information if it is not accurate or complete.
U.S.-Based Site and Services; Availability of Products and Services
Access to the Content or Online Services from jurisdictions where such access is illegal is prohibited. You are responsible for your compliance with all applicable laws and you may not use or export the materials in this Site in violation of U.S. export laws and regulations, or the laws of your local jurisdiction. By downloading Content or using Online Services, you warrant that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you are otherwise in compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content.
Security
You agree to use this Online Services to access only those accounts on which you are authorized to act, and to use your own Access Codes when accessing such accounts. You are prohibited from using the Online Services to attempt to compromise security or tamper with system resources or other accounts. If you are involved in any violation of Site security or otherwise violate these Terms of Use, we may release your details to system administrators at other sites and to federal or state law enforcement officials. We reserve the right to fully investigate suspected violations of these Terms of Use and to cooperate fully with any law enforcement authorities, regulatory authorities, or court orders requesting or directing us to disclose the identity of anyone suspected of suspicious activity, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. Please review our Online Privacy Statement for more information about our security measures.
Transactions
We may refuse to honor any transaction initiated via an Online Service that is not in accordance with these Terms of Use or any Account Policy, or that we have reason to believe may not be authorized or involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction. In addition, we may refuse to honor any Online Services transaction for our or your protection. We are not responsible for the failure of any Online Services, or any transaction initiated using the Online Services, due to system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake or extreme weather).
Modifications to Policies, Prices and Terms
By providing material, such as policy descriptions, on our Site, AlphaG does not in any way promise that the materials will remain available to you or that you will qualify for any of the products or services we offer. AlphaG RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.
Viruses
There is always the possibility of unknowingly acquiring computer viruses or other malicious code (“Viruses”) through use of the Internet or third-party sites or applications. It is your responsibility to scan any and all downloaded materials received from the Internet, third party sites or applications. We are not responsible or liable for any damage caused by Viruses or related hazards, whether or not that Virus or related hazard resulted from use of the Site or Online Services. You, and not the Company, assume the entire cost of all necessary servicing, repair, or correction related to Viruses.
Financial Management Software
• downloading account information is at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading.
Warranty Disclaimer; Limitation of Liability
SEE THE SECTION BELOW TITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE,” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. The provisions in these Terms of Use, as they pertain to you, are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey or your jurisdiction. No provision of these Terms of Use shall limit or waive your rights as a consumer under the law of your state of residence. In any event, AlphaG reserves all rights, defenses and permissible limitations under the law of your state of residence.
Children
Dispute Resolution
The Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use, the Online Privacy Statement and any dispute of any sort that might arise between you and the Company with respect to these Terms of Use, the Online Privacy Statement or your use of or access to the Site or Content (“Dispute”). YOU AND THE COMPANY AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURTS, ANY SUCH DISPUTE SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL BINDING ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights or breaches of security and your misuse of the Site or Content.
To the extent that the arbitration provisions provided for herein do not apply, the proper forum for any Dispute shall be in the courts of the State of California for Orange County (except for small claims court actions which may be brought in the county where you reside). You expressly consent to exclusive jurisdiction of any state or federal court for Orange County, California for any litigation other than small claims court actions. Further you hereby waive any right to a jury trial.
The arbitration shall take place at a JAMS location closest to where you reside. The parties agree that all proceedings before the arbitrators will remain confidential between the parties. However, either party may register the judgment of any arbitral award in an appropriate court, and the parties may disclose information regarding the arbitration if required by law or judicial decision. This agreement to binding arbitration in no way limits or affects your or our rights under the Investment Advisers Act. Nothing in these Terms of Use precludes you or us from filing or participating in administrative proceedings before government administrative agencies to address alleged violations of law enforced by those state agencies.
JAMS’ RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 1-800-352-5267. IF YOU INITIATE AN ARBITRATION AGAINST THE COMPANY, $250 IS THE ONLY ARBITRATION FEE YOU WILL BE REQUIRED TO PAY, WHICH IS APPROXIMATELY EQUIVALENT TO CURRENT COURT FILING FEES. ALL OTHER JAMS ARBITRATION COSTS WILL BE BORNE BY THE COMPANY, INCLUDING ANY REMAINING JAMS CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION. THE PARTIES ALSO UNDERSTAND THAT ALTHOUGH ARBITRATION ALLOWS FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE, THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Indemnification.
SEE THE SECTION TITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE,” FOR IMPORTANT LIMITATION SON THE TERMS OF THIS SECTION.
Miscellaneous
If any part of these Terms of Use is unlawful, void, or unenforceable under applicable law, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use and the Consent to do Business Electronically (both of which must be accepted by you in order to use the Online Services) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.