iVEZT, LLC
Financial Advisor Terms, Conditions and Privacy Policy
August 2016
Thank you for your participation and involvement with the iVEZT, LLC suite of products, the EZ IRA, EZ 529, and/or EZ HSA (hereinafter referred to as the “Program”). Before you begin using our services and establishing your Account with iVEZT, LLC (herein referred to as “iVEZT”, “we”, “us” or “Company”), you must consent to the following Terms, Conditions and Privacy Statement (the “Agreement”).
If you (“you” or “Client”) consent to the terms of the Agreement and wish to use our Company Portal, (“Site” or “Website”), you must affirmatively accept them by clicking on the “I Agree” button. This Agreement together with all additional rules, policies and disclaimers published on the Site or otherwise communicated to you will constitute a binding agreement between you and the Company. This Agreement is subject to change by the Company without prior notice to you (unless prior notice is required by law), by posting the revised Agreement on iVEZT’s Website. Note that any violation of this Agreement may result in the termination of your Account with the Company.
In the event that you have any issues, concerns, claims or disputes with regard to any outcome regarding the services or any other activity performed by the Company, you should immediately contact customer service via [email protected].
iVEZT provides the necessary platform to enroll and manage certain aspects of the Program including but not limited to the following:
Financial Advisor will be responsible to:
You acknowledge that, in fulfilling your role as a financial advisor to an account holder of a product offered under the Program (“Account Holder”), any financial advisory services that you may provide are provided directly to the Account Holder in a manner that, unless specifically otherwise identified within this Agreement, is fully and completely independent from both iVEZT and the services provided by iVEZT. As such, you acknowledge that you are not an employee of iVEZT and that any and all investment suggestions or recommendations that you may choose to provide to any Account Holder are exclusively your own and are not made at the behest, direction, instruction or other requirement of iVEZT. Your consent to this Agreement also demonstrates your understanding that iVEZT does not present itself to Account Holders or any other third parties as a provider of financial advisory services and instead leaves the potential provision of financial advisory services to financial advisory professionals such as yourself.
As iVEZT does not provide financial advisory services to Account Holders, iVEZT does not serve in a fiduciary capacity as such concept is considered under the Internal Revenue Code of 1986, as amended (“Code”), or the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), with respect to the provision of investment suggestions or recommendations to Account Holders, you or any other third-parties. Notwithstanding the disclaimer set forth in the prior sentence, it is anticipated that you may choose to establish such a fiduciary relationship with Account Holders to whom you provide financial advisory services. In this regard, nothing within this Agreement shall be deemed to preclude your independent creation of such a relationship with an Account Holder. Finally, you acknowledge that you are responsible for the dissemination, completion and retention of any and all documentation that may be necessary from either a regulatory or a contractual standpoint with regard to the financial services advisory relationship that you may establish between an Account Holder and you.
By using the Site and our services, you represent that you have read and understood this Agreement and agree to be bound by it. If you do not agree with this Agreement, in whole or in part, you are prohibited from using the Site.
Clients are only permitted to use our services if they are at the minimum legal age and it is legal for them to do business according to the appropriate laws in their county, state, and country of residence and/or site of their business operations. iVEZT reserves the right to ask for proof of compliance and the Client’s account may be suspended until satisfactory evidence is provided.
The Client understands that the laws regarding financial services may vary by state and require proper licensure. It is solely the Client’s obligation to ensure that he/she fully complies with any and all laws or regulations involving such matters.
ALL PRODUCTS, SERVICES AND CONTENT ON THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. iVEZT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE ITS WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITES AND THE CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. iVEZT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES OR ANY OTHER FORM OF MALICIOUS CODE.
While iVEZT will always attempt to maintain the accuracy of the Site’s content, iVEZT specifically disclaims any duty to update information on the Site. In addition, while iVEZT does it’s best to maintain 99% uptime, iVEZT does not warrant or otherwise guarantee continuous, uninterrupted or secure access to the Site or any linked web sites. Also, iVEZT may revise or change the content or products set forth within the Site or supporting documentation available through the Site at any time without providing notice to you.
Your acceptance of this Agreement also establishes your consent to transact business electronically with iVEZT. This includes but is not limited to your agreement that: 1) you are accurately disclosing your identity when using, accessing or attempting to access any aspect of the Program or supporting documents through the Site; 2) when using, accessing or attempting to access any aspect of the Program or supporting documents through the Site, you are authorized to do so and transact business electronically; and 3) your interactions with iVEZT through the Site or any other means may be viewed, monitored and/or recorded in order to attempt to prevent and detect fraud.
Minimum Hardware / Software Requirements In order to access the online portal, you will need access to the Internet using of the popular web browsers which allow a user to navigate web pages.
iVEZT does not provide investment, tax or legal advice. You understand and agree that iVEZT has not made, and is not making, any warranty or guarantee as to the performance or profitability of any account established under the Program or any part thereof, nor any guarantee that the investment objectives, expectations or targets described on the Site will be achieved, including without limitation any risk control, risk management or return objectives, expectations or targets. Any such account may suffer loss of principal, and income, if any, may fluctuate.
iVEZT, ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF INFORMATION AT THE SITES, OR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF iVEZT (INDEMNIFIED PARTIES) SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, ASSOCIATED MATERIAL, A LINKED THIRD PARTY WEB SITE OR A DELAY OR INABILITY TO USE THE SITE OR A LINKED THIRD PARTY WEB SITE REGARDLESS OF WHETHER OR NOT iVEZT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, MALICIOUS CODE, HARDWARE OR SOFTWARE INCOMPATIBILITY, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE SITES OR RELATED INFORMATION OR PROGRAMS.
You agree to indemnify, defend, and hold the Indemnified Parties harmless from any liability, loss, claim or expense, including reasonable attorney’s fees and disbursements, actually incurred by the Indemnified Parties as a result of your violation of this Agreement or use of the services and information provided by the Sites or any associated materials provided therein.
You agree to receive disclosures and communications electronically, pursuant to the HelloSign Agreement. In addition, you agree that:
You will notify iVEZT promptly of any change to your email address or physical address.
The electronically stored copies of this Agreement and other agreements associated with the Program and your Account are the enforceable, true, complete record of each of the agreements, which can be admitted as evidence or otherwise used in arbitration, litigation, administrative or other legal or regulatory proceedings as if they were originally produced and then kept in paper form.
You may terminate this Agreement at any time for any reason by sending a request to terminate the Program Agreement by email to [email protected].
In addition, the Site and/or your access to the Site may be discontinued or substantially modified, temporarily or permanently, by iVEZT at its sole discretion and at any time without prior notice to you. You agree that iVEZT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the services provided therein.
iVEZT maintains the Site, and is the owner or authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. iVEZT also owns a copyright in the selection, coordination and arrangement of the material contained within the Site which includes any associated materials available through the Site.
The Site as well as all of its associated services and content are intended only for lawful use by customers, iVEZT employees, and members of the general public and may not be copied, republished, incorporated into another web site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of iVEZT.
Further, you agree not to engage in any of the following:
All activity or use of the Site and this Agreement is governed by the laws of the United States of America and the applicable laws of the State of Florida, without regard to conflict of law principles.
You and iVEZT agree that all claims or controversies, whether such claims or controversies arose prior to, on or subsequent to the date hereof, between you and iVEZT and/or any of the present or former officers, directors, or employees of iVEZT concerning or arising from the terms of this Agreement, including but not limited to any Services provided by iVEZT under the Agreement, shall be determined by arbitration, before, and only before, the American Arbitration Association (“AAA”) and in accordance with AAA’s rules. The decision of the arbitrators shall be binding and final judgment upon the award rendered by the arbitrators may be entered into any court having jurisdiction thereof. No punitive, exemplary or consequential damages or other damages in excess of compensatory damages shall be awarded, and each party hereby irrevocably waives any right to recover damages other than compensatory damages with respect to any dispute between them resolved by arbitration. Each party shall bear its own attorneys’ fees and all other expenses relating to the arbitration, but the parties shall each pay one half of all fees and expenses of the AAA and of the arbitrator(s). The decision of the arbitrators shall be based upon this Agreement and applicable law.
THE PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY. PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM CIVIL PROCEEDINGS. A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
This Agreement, as it may be amended from time to time, represents the entire understanding between you and iVEZT with respect to the issues considered herein. In the event of any conflict between the terms of this Agreement and the terms of a third-party agreement, this Agreement will apply with regard to you and iVEZT. You acknowledge that this Agreement supersedes any prior agreements with iVEZT.
You acknowledge that the Program is intended for natural persons who are citizens or other lawful residents of the United States and who are located in the United States, and that neither iVEZT nor its affiliates intend to offer the Program, any securities, or any other products or services outside of the United States. You acknowledge that iVEZT and its affiliates do not offer the Program to non-resident aliens subject to tax withholding. Neither iVEZT nor its affiliates represent or warrant that any aspect of the Program, including information available from the Site and information provided through the Portfolio Selection Tool, complies with any law or regulation of any jurisdiction outside of the United States.
Information that we collect from you:
Who we share your information with:
How We Use Your Personal Information:
iVEZT uses personally identifiable and other collected information in a manner that is consistent with the objectives set forth herein. We use your personal information to enhance your customer experience, operate and maintain your account in accordance with US law, investigate and understand how iVEZT is used, monitor and protect the security and integrity of iVEZT, and better market and advertise iVEZT’s services. As part of this process, we may from time to time aggregate some of your personal information in certain data analysis, reports, or other interpretations of investment trends for both internal and external purposes. When aggregating personal information, we make sure that the information is not identifiable to any particular customer.
When We Share Your Information:
We do not sell, rent, or trade your personal information with any third parties without your consent or as required by law. In order to provide financial services, we may share your personal information with third parties, such as consumer identification verification services and public accounting firms, for the purpose of serving you as a customer. We have entered into agreements that require that these third parties keep this information confidential. In order to provide workplace services to account holders under the Program, such as retirement account and recordkeeping services, we may share your information with such account holders as well their employers. We may disclose personal information in response to service of legal process, such as a court order, summons, subpoenas, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, front running or scalping, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service or customer agreements.
How You Can Access or Change Your Personal Information That We Have Collected
Once you have registered with iVEZT, you can access your profile, review the information that is stored, and revise that information. If you have any problems, you may also contact us at [email protected].
iVEZT works diligently to protect your personal information. We employ several physical and electronic safeguards to keep your information safe. We use the strongest available browser encryption, store all of our data on servers in secure facilities, and implement systematic processes and procedures for securing and storing data. We limit access to your personal and financial information to only those employees with authorized access, and we require third parties who perform services for iVEZT to agree to keep your information confidential. Furthermore, if you choose to close your account or your account is terminated with us, we will continue to adhere to the privacy policies and practices outlined here. If you maintain an iVEZT account that you access through our website or mobile apps, you are responsible for protecting and maintaining the confidentiality of your account and password and restricting access to your computer.
Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small code blocks on a website that allow for another server to measure viewing of a webpage and often are used in connection with cookies. We use these technologies in order to customize iVEZT and improve your experience with the site. Cookies store anonymous information, such as whether you viewed the site from your mobile device. We may store some personal information in a cookie and/or pixel, such as the site that you visited immediately prior to visiting iVEZT and relevant financial information that allows us to enhance your user experience and for marketing purposes. Additionally, we may use a cookie and/or pixel that only stores anonymous information to track visitors across websites in order to better customize our marketing and advertising campaigns. Cookies, pixels, and similar technologies are not required for site functionality. You are not required to accept any cookies or pixels to use this site. However, refusing to accept cookies or pixels may make the use of iVEZT more cumbersome and less accessible.
We use analytics tools such as “Google Analytics” (collectively referred to as “Analytics Services”) to collect information about the usage of this site. These analytics services collect information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We only use the information we get from these Analytics Services to improve this site. These Analytics Services only collect the IP address assigned to you on the date you visit this site, not your name or other identifying information. We do not combine the information collected through the use of these Analytics Services with personally identifiable information. The Analytics Services ability to use and share information about your visits to this site is restricted by its own terms of use and privacy policies. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on here.
We may modify this privacy policy over time by posting a new version of this privacy policy, which is your responsibility to review. Any changes to the privacy policy will be reflected on this page and will become effective immediately upon posting. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personally identifiable information we collect. If the changes are significant, IVEZT will do our best to notify you via email or through a notification on the site. Please check the effective date below to determine if there have been any changes since you have last reviewed the IVEZT privacy policy.
Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at [email protected]. Your request should specify your full name and the email address you used when submitting personal information to us.
We do not share nonpublic personal financial information we collect about Vermont residents to non-affiliated third parties except for our everyday business purposes or as otherwise permitted by law. If you wish to revoke any authorization to share your nonpublic personal financial information, which you have provided to us by entering into our Customer Agreement, please contact us at [email protected]. Please note, however, that we will not be able to provide you with services through iVEZT without the ability to share this financial information.
BY CLICKING “I AGREE” I AGREE TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.