Acceptance of Terms
The section below titled “Class Action Waiver” contains a binding class action waiver, which affects your legal rights. Please read it carefully.
The Website is operated by 360 Advisory LLC, a Massachusetts Registered Investment Adviser.
The provision of advisory services to 360 advisory LLC retail clients is governed by the Investment Advisor Agreement. You should read any applicable agreement carefully before determining whether to engage 360 Advisory to provide you with advisory and brokerage services.
In general, references to “360 Advisory” on the Website refer to “360 Advisory LLC”.
Use of the Website
The Website is intended solely for individuals who are age 18 or older. Any access to or use of the Website by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Website, you represent and warrant that you are 18 or older.
The Website is only intended for use by persons located in jurisdictions where 360 Advisory is registered. 360 Advisory makes no representation that the Website is appropriate or available for use outside the United States. Similarly, 360 Advisory makes no representations that accessing the Website from locations outside the United States is legal or permissible under local law.
Website is for Educational Use Only
The publicly available portions of the Website (i.e., the sections of the Website that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Website, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Website as the primary basis for your investment decisions, and, except as otherwise provided herein, 360 Advisory will not be liable for any actions you take based on information you receive via the publicly available portions of the Website.
Access to the Website
360 Advisory reserves the right, in its sole discretion, to deny you access to the Website, or any portion of the Website, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Website shall be governed by these Terms and Conditions, and the provision of any investment advisory services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall control.
360 Advisory makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Website does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at 360 Advisory may lose value.
The Website links to certain content created by third parties that are not affiliated with 360 Advisory. 360 Advisory is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. 360 Advisory assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.
Conditions of Use
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Website solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Website in any way.
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, other than via software that sends queries to the Website to index or rank a website for search and location purposes, without 360 Advisory’s express written consent, which may be withheld in 360 Advisory’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 legal action.
Communications with 360 Advisory
Authorized employees or agents of 360 Advisory may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with 360 Advisory for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. 360 Advisory may also archive your communications with 360 Advisory for regulatory and other purposes.
Neither 360 advisory nor any of its officers, directors, employees or agents shall be liable in any way for any damages whatsoever, including, without limitation, indirect, special, punitive, consequential, or incidental 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 (including but not limited to the delay or inability to use the website or a linked website). This limitation shall apply regardless of whether the damages are foreseeable or whether 360 Advisory has been advised of the possibility of damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall 360 advisory’s cumulative liability to you exceed USD100.
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. 360 Advisory specifically disclaims any duty to update the information on the Website and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Website. 360 Advisory does not guarantee that the Website will operate error-free or that the website, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Website, or rely on the information presented on it, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Indemnification and Hold Harmless
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 Massachusetts, without regard to conflict of law principles. You agree that the federal court of Massachusetts, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and 360 Advisory, 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 360 Advisory. If the federal court lacks subject matter jurisdiction, any state court located in Boston, Massachusetts, 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 360 Advisory each agree to waive the constitutional right to a trial before a jury.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
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 is determined to be 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.
You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of 360 Advisory, and any prohibited assignment will be null and void. 360 Advisory may assign these Terms and Conditions or any rights hereunder without your consent.
Website and Terms Subject to Change
We reserve the right to change these Terms and Conditions by posting a revised agreement. If you don’t agree with these changes, you must stop using the Website. The information on the Website is subject to change without notice.