Ellevate Financial, Inc. (“Ellevest”) is an investment adviser registered with the U.S. Securities and Exchange Commission. The Ellevest website and services provided through the website (“ellevest.com” or “Website” or the “Service”) is subject to the following Terms of Service (“Terms”); access to certain services provided through the Website is subject to the Terms and other agreements specifically related to such services. In this document, “you” means the person using the Website; “we” or “us” means Ellevest; “both of us” means both you and us.
Read the Terms carefully. By using the Website, you will be deemed to have agreed to the Terms. If you do not agree to the Terms, you may not use the Website.
US Clients Only. The Ellevest 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 Ellevest 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. You may not use the Service and may not accept the Terms if (a) you are not of legal age (either under the laws of the New York or the laws of the jurisdiction of which you are a resident or from which you use the Website) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
Browser support. Ellevest supports the two latest versions of these web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of information or advice offered on ellevest.com unless viewed in a supported browser.
Secure Areas. Access to secure areas of the Website is restricted to authorized users only. You are responsible for activity occurring through the use of your account and/or password accessed through the Website. You agree to immediately notify Ellevest of any actual or suspected unauthorized use of your account. Ellevest will not be responsible for failure to comply with the above.
3. Privacy and Security.
Telephone call monitoring and recording. Authorized Ellevest employees may monitor and record all or portions of your telephone calls to Ellevest for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
Electronic Communications. All e-mail sent to and from Ellevest will be received or otherwise recorded by the Ellevest e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information.
Confidentiality of Information. Ellevest has taken reasonable steps to ensure the confidentiality of information taken through the Website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Links. Clicking on certain links within the Website may take you to other websites which are not maintained by Ellevest. Links to other websites are provided solely for your convenience. A link to another website is not an endorsement of the website, its content, or its sponsoring organization. Ellevest assumes no responsibility or liability for the content, accuracy, reliability or opinions expressed in a website, to which the Website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Ellevest. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
Data Collection. When you visit the Ellevest website, we collect certain anonymous information about you, including, device-related information (e.g., browser type and IP address) and server log information (e.g., the date and time when you visit the website). We also collect information that you input into our Website. We use this information to better understand our visitors and our business, to provide the services you request, and to enhance the Ellevest service.
4. Copyright and Restrictions on Use.
Ellevest maintains the Website and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Ellevest also owns a copyright in the selection, coordination and arrangement of the material contained within the Website.
The material contained within the Website is provided by Ellevest for use by prospects and clients. The material may not be copied, republished, incorporated into another website 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 Ellevest.
You agree not to engage in any of the following:
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 the Website or any portion of the Website, without Ellevest’s express written consent, which may be withheld in Ellevest’s sole discretion.
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 the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
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 the Website.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
5. No Investment Recommendation or Advice.
Ellevest provides its investment advisory services only to individuals who become Ellevest clients pursuant to a written investment advisory agreement. Articles, commentaries, investment plans and other content provided by Ellevest on or through the Website are for illustrative or educational purposes only and do not constitute investment, legal or tax advice, or an offer to buy, sell or hold any security. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon numerous assumptions about future capital markets returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Diversification does not ensure a profit or protect against a loss in a declining market. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide you with a given level of income. Investing entails risk including the possible loss of principal and there is no assurance that the investment will provide positive performance over any period of time. Please read Ellevest’s Form ADV Part 2 (Brochure) carefully prior to becoming a client.
6. Data Aggregation.
Ellevest may include a service that links your outside financial accounts to your plan account (the “Aggregation Service”). If you choose to use the Aggregation Service, the following additional terms apply to you, and by using the Aggregation Service, you agree with these terms. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites (“Account Data”) and you agree to not misrepresent your identity or your Account Data. You agree to keep your Account Data up to date and accurate. By using the Aggregation Service, you authorize Ellevest and its service providers to access third party sites designated by you, on your behalf, to retrieve information requested by you. For all purposes hereof, you hereby grant Ellevest and its service providers a limited power of attorney, and you hereby appoint Ellevest and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ELLEVEST OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, ELLEVEST AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Aggregation Service is not endorsed or sponsored by any third party account providers accessible through the Aggregation Service.
ELLEVEST AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE AGGREGATION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AGGREGATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AGGREGATION SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE AGGREGATION SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGGREGATION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TOS, THEN THIS SECTION WILL CONTROL.
7. Disclaimer of Warranties.
ALL PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. NEITHER ELLEVEST NOR ANY THIRD PARTY SUPPLIER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY YOU, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELLEVEST AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SERVICES, AND INFORMATION AND THE PRODUCTS, SERVICES, AND INFORMATION, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH ELLEVEST INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, ELLEVEST DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE.
HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
You agree to indemnify, defend and hold harmless Ellevest and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with the Terms of Service, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.
9. Limitation of Liability.
IN NO EVENT WILL ELLEVEST ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY DATA PROVIDER OR SERVICE PROVIDER WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY PRODUCTS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF ELLEVEST OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ELLEVEST OR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (I) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSION IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA.
10. Failure to Comply with these Terms of Service.
Ellevest may suspend or terminate your account and/or deny you access to use the Website, without prior notice, if you engage in any conduct that Ellevest believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Ellevest or third parties, or (c) is otherwise inappropriate for continued access and use of the service. In the event of any suspension or termination, while your right to access the Website terminates, the other provisions of these Terms of Service continue in effect.
11. Modifications to Terms; Other Agreements.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective upon the date they are first posted to this Website. These Terms are in addition to any other agreements between you and Ellevest that govern your use of the services, content and information available on the Website.
12. Modification to Website.
We may at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Except for the right of any party to apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, To the extent permitted by law, any controversy, dispute or claim arising out of or relating to these Terms will be submitted to binding arbitration in New York, NY before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws.
14. Applicable Law.
This Terms of Service is entered into in New York, NY and governed by and construed in accordance with the laws of the State of NY without regard to conflict of law principles. Federal law governs copyright, patent and trademark matters.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.