Terms and Conditions

SmartMoney Investment Advisors DBA Smartmoney.co, LLC (SMIA) provides an automated investment advisory frm (robo-advisory frm), where a portfolio will be assigned to you based on KYC (know-your-customer) inputs. SMIA will not make decisions for customers on an individual basis. You alone are responsible for evaluating the merits and risks associated with the use of our systems, services or products. Please review carefully the following information before making any investment decisions.

SMIA may at any time revise these Disclosures. You agree to be bound by subsequent revisions and agree to review the Disclosures periodically for changes. The most updated version of these documents will always be available for your review on this page, accessible by clicking on the “Disclosures” link that appears at the bottom of the pages on the website.

User Agreement

Please review the SMIA Web Site User Agreement (“Agreement”) regarding your use of the SMIA Web site. Throughout this Agreement , “SMIA” refers to SMIA and its afliates and “you” and “your” shall refer to the SMIA account owner and/or potential account owner. This Agreement is separate from your Customer Account Agreement and any other agreement relating to any account you may have with SMIA. The Customer Agreement and any other agreement set forth additional obligations you have as a SMIA account owner.

High volumes of trading at the market opening or intra-day may cause delays in execution and executions at prices signifcantly away from the market price quoted or displayed on the Internet at the time the order was entered.

In the event that Nasdaq and OTC orders are routed to market makers for execution, during times of high market volatility, market makers may execute orders manually or reduce their size guarantees, resulting in possible delays in order execution and losses.

Although SMIA employs state-of-the art, high-capacity, fully redundant systems, there is the possibility of delayed executions and market losses during periods of volatility in the price and volume of a particular security, such as in cases when systems problems result in the inability to place buy and sell orders. In addition, customers may experience difculty accessing their account(s) due to high Internet trafc or because of the system’s capacity limitations. System response and access times may vary due to market conditions and other factors. Furthermore, high volumes of trading and volatility may result in executions at prices signifcantly different from the price quoted or displayed at the time of order entry. In cases where Internet trading has been disabled, please retry after sometime. However, during periods of high volume, customers may experience delays in placing orders..

SMIA does not provide investment, tax, legal or accounting advice on an individual basis regarding the potential value or suitability of any securities or investment strategies. You will give SMIA investment managers the responsibility for regular pre-scheduled orders placed in your account(s) as far as the portfolio is concerned. You can buy or sell on your own in addition to the pre-scheduled orders as well but the portfolio in part or in full cannot be changed.

Not all securities, products or services described are available in all countries and nothing on this Web site constitutes an offer or solicitation of these securities, products or services in any jurisdiction where their offer or sale is not qualifed or exempt from registration. You agree that you are solely responsible for determining whether or not your non-U.S. jurisdiction permits you to use this Web site and engage in securities transactions through it.

You agree that you are the sole and exclusive owner and the only authorized user of your Account Number, User Name and Password (collectively, “Password”) and you accept full responsibility for the use, protection and confdentiality of the Password as well as for any transaction occurring in any account using the Password. You accept full responsibility for the monitoring and safeguarding of your account(s).

Any third party research and information accessible through SMIA is based upon the consideration that it is reliable, but SMIA does not represent that the information is accurate or complete or make any warranties, either express or implied, with regard to the results to be obtained from its use.

Each participating national securities exchange or association, any organization, including any electronic communications network, whether incorporated or not, or any other supplier of market data (collectively, “Information Providers”) has a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. Neither SMIA nor any Information Providers guarantees the timeliness, sequence, accuracy, completeness or reliability of market data or any other market information disseminated to or by any party. Neither SMIA nor its third party providers or Information Providers warrant that the service will be uninterrupted or error free. Any Information Providers may discontinue disseminating market data or change or eliminate any transmission method at any time and you will not hold any Information Providers liable for any loss or damages that may result. Your use of SMIA, any of its services, including online services or any software provided is at your sole risk. The SMIA service is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability or ftness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modifcation under the laws applicable to this Agreement.

You agree not to hold SMIA, its third party providers or any Information Providers liable in any way to you or to any other person and you shall indemnify and hold harmless SMIA, its third party providers, and any Information Providers for (1) any inaccuracy of, error or delay in, or omission of (a) any such data, any error or delay of information or message or (b) the transmission or delivery of any such data, information or message or (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such data, information or message, due either to any negligent act or omission by SMIA, its third party providers, or any Information Providers or to any “force majuere” (e.g. food, extraordinary weather conditions, earthquake or other act of God, fre, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other cause beyond the reasonable control of SMIA, its third party providers, or any Information Providers. You understand that third party providers or any Information Providers may enforce the terms of this Agreement directly against you. You will use any market data, including real-time quotes, only for your individual use and you will not provide such market data to any person or entity.

You agree that SMIA and its afliates and Velox Clearing and its afliates and their respective ofcers, directors, agents and employees, under no circumstances, including negligence, or anyone else involved in creating, producing, delivering or managing any of SMIA’s systems shall be liable for any incidental, special, consequential or indirect damages that result from inconvenience, delay or loss of the use of the service even if SMIA has been advised of the possibility of such damages. These exclusions or limitations of liability will not apply to the extent that any applicable statute or rule prohibits such exclusion or limitation of liability.

If you have any questions concerning the information contained in the User Agreement, please contact us by email.

Also, please read the Customer Agreement for additional information concerning your SMIA account.

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