The following terms and conditions govern the use of this website (ellevest.com), which is managed and operated by Ellevate Financial, Inc. (“Ellevest”), an Investment Advisor registered with the U.S. Securities and Exchange Commission with its principal place of business located in New York, NY. By using this website and the online services or other websites operated or offered by Ellevest (collectively the “Website”), you agree to these Terms and Conditions.
Early Access Version of the Website:
You will be using an early access version of the Ellevest website which is still undergoing final testing before its official public release. By accessing the website, you agree that should you encounter any bugs, glitches, lack of functionality or other problems on the website, you will use best efforts to let us know immediately so we can rectify these concerns accordingly.
We have chosen to restrict early access to users who are evaluating the service to meet their financial goals and who will provide confidential feedback regarding their experience to Ellevest. If this is not your intent for using the website, we respectfully ask that you refrain from accessing the website, in order to allow our early access users the opportunity to experience the website so that the can provide feedback to us.
We reserve the right to restrict and/or remove access to the website by any user.
Financial advisory services are only provided to investors who become Ellevest clients pursuant to a written account agreement, which investors are urged to read and carefully consider in determining whether such agreement is suitable for their individual facts and circumstances.
Morningstar Investment Management, LLC (“Morningstar Investment Management”) is a registered investment advisor and wholly owned subsidiary of Morningstar, Inc. Morningstar Investment Management is a non-discretionary consultant to Ellevest and provides fund-specific model portfolios, but is not acting in the capacity of an advisor to individual investors. Morningstar Investment Management provides investment recommendations to Ellevest; however, Ellevest retains the discretion to accept, modify, or reject Morningstar Investment Management’s recommendations. Certain pages of the Website contain intellectual property belonging to Morningstar Investment Management, and the following notice applies to such pages: “© 2016 Morningstar Investment Management, LLC. Used with permission. All rights reserved. Morningstar Investment Management is a registered investment advisor and wholly owned subsidiary of Morningstar, Inc.”
Clearing and custodial services are provided by Folio Investments, Inc. (“Folio”), which advised clients can reach at www.folioclient.com. Folio is a registered clearing broker-dealer with the SEC and a member of the Financial Industry Regulatory Authority (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). Folio, among other things, holds public and non-public/unlisted securities and cash on behalf of its customers.
Folio is based in McLean, VA, and is not affiliated with Ellevest. Folio is not responsible for and does not approve, endorse, review, recommend or guarantee the services of Ellevest. Unless specifically stated otherwise by Folio, Folio does not question, investigate, analyze, monitor, or otherwise evaluate the suitability of any investment made in any brokerage account or review the prudence, merits, viability, or suitability of any security as an investment for any particular investor or the decision to purchase or hold securities.
All investments involve risk. Securities products are not FDIC insured, are not bank guaranteed and may lose value. Past performance does not guarantee future results. While the information on the Website is gathered from sources deemed to be reliable, we cannot guarantee the accuracy or completeness of such information.
Ellevest supports the two latest versions of the following 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 any advice or information offered on Ellevest.com unless viewed in a supported browser.
Investment Tools and Model Predictions
In offering asset allocations to website users, including Ellevest customers, Ellevest considers a variety of factors and makes various assumptions about the potential risk and return distributions of asset classes, correlations between asset classes, interest rates, long term inflation, the risk-free rate, and equity premiums. Although Ellevest carefully evaluates these assumptions and the associated range of potential outcomes, Ellevest makes no representation regarding the likelihood or probability that any actual or proposed account allocation will in fact achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and in fact volatility means that returns in any period may be far above or below those of previous periods. Some customers have investment results that materially differ from those indicated by our investment tools. Investments at Ellevest may lose value. Ellevest is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment. Model predictions are inherently limited in that they do not represent actual trading nor material economic or market factors that might have had an impact on Ellevest’s advice. While the asset allocation tool is designed to provide helpful investing guidance, as a self-directed investor, you must carefully consider the appropriateness of the proposed investments in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and the overall composition of your Ellevest account. Additionally, market conditions and your personal financial circumstances may change – perhaps suddenly, or maybe, gradually over time, and those changes may have a material impact on the appropriate asset allocation for your financial situation. Monitoring and adjusting your Ellevest account to suit changing circumstances is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.
The Website contains articles, commentaries and other content written by Ellevest. These materials are provided for informational and educational purposes only and do not constitute any recommendation by Ellevest to buy, sell or hold any security, financial product or instrument discussed therein. These materials should not be construed as an offer, or a solicitation of an offer, to buy or sell securities by Ellevest. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
Copyright and Other Intellectual Property
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 Websites is provided by Ellevest only for lawful uses by customers, Ellevest employees, and members of the general public. 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.
Digital Millennium Copyright Act
Ellevest respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Ellevest will respond expeditiously to notices of alleged copyright infringement on the Website that are reported to Ellevest’s Designated Copyright Agent identified in the Notice (as described below).
Ellevest prohibits copyright infringing activities on the Website and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the Notice, Ellevest will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Website.
Notice: If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through the Website or other Ellevest services by completing a DMCA notice of alleged infringement (“Notice”) and delivering it to Ellevest’s Designated Copyright Agent. Upon receipt of a Notice, Ellevest will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Counter notice: Once an appropriate Notice is received, Ellevest will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any Notices or counter notices received may be sent to Ellevest’s legal advisors.
Please provide the following information to our Designated Copyright Agent:
Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by this Notice, a representative list of the copyrighted works that are claimed to have been infringed.
Identify the material or activity claimed to be infringing or to be the subject of infringing activity and provide information reasonably sufficient to locate the material, including, at minimum, if applicable, the URL.
Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, e-mail address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Sign the Notice by providing a physical or electronic signature along with your full legal name.
Deliver this Notice, with all items completed, to Ellevest’s Designated Copyright Agent at email@example.com.
Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Ellevest. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.
Ellevest assumes no responsibility or liability whatsoever 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.
Neither Ellevest nor any other party involved in the creation, production or delivery of the information at the website, nor the officers, directors, employees or representatives of Ellevest, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the website or the use of the website or a linked website or with the delay or inability to use the website or a linked website, whether or not Ellevest is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the website’s files and your browser or other website accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Ellevest does not guarantee continuous, uninterrupted or secure access to the website or a linked website. The content, accuracy, opinions expressed, and other links provided by linked websites are not necessarily investigated, verified, monitored or endorsed by Ellevest. The information, software, products and description of services published on the website or a linked website may include inaccuracies or typographical errors, and Ellevest specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the website and linked websites. Ellevest may make improvements or changes to the website at any time.
All products, services and content on the 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. Ellevest does not endorse and is not responsible for the accuracy or reliability of any information on the website. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the website. Ellevest specifically disclaims any duty to update the information on the website.
Confidentiality of Information
Ellevest has taken reasonable steps to ensure the confidentiality of information taken at 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.
Choice of Law
All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles. You agree that the federal court of the District of Delaware, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Ellevest, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the Website or the online services offered by Ellevest. If the federal court lacks subject matter jurisdiction, any state court located in New York County will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and Ellevest each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.
Website Content and Material
The information and materials contained in the Website, including but not limited to these Terms and Conditions and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Access and Interference
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.
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.
Telephone Call Monitoring and Recording
Authorized employees or agents of Ellevest 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.
The Website provides you with Ellevest e-mail addresses so that you may communicate electronically by sending an e-mail message to Ellevest. 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. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.
If you have any questions about these terms and conditions, please contact us at firstname.lastname@example.org.