Terms of Service
Agreement to the terms of service and use are binding in the City of Westlake, Ohio, the County of Cuyahoga and the State of Ohio. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
You accept these terms by (a) clicking to agree or accept the terms or by (b) logging into the product where it states that you are accepting these terms. You may not use the Services or accept the Terms if (a) you are not of legal age to form a binding contract with Yourefolio™, or (b) you are a person barred from receiving the Services under any applicable laws or regulations.
The information, data, analysis and opinions contained in the Services include the confidential and proprietary information of Yourefolio™; may include or be derived from account information provided by you which cannot be verified by Yourefolio™; may not be copied or redistributed; are provided solely for informational purposes and do not constitute an offer to buy or sell a security or service; and are not warranted to be correct, complete or accurate. Except as otherwise provided by law, Yourefolio™ shall not be responsible for any trading decisions, purchase or agreement of additional services by an outside provider, damages or other losses resulting from the use of this information, data, or analysis.
Yourefolio™ Enterprises LLC. is not registered with the Securities and Exchange Commission as an investment advisor or a broker/dealer. Yourefolio Enterprises™ LLC. is not registered as a financial planner or planning association. You acknowledge that the Yourefolio Enterprises™ LLC., its employees and its agents are not financial advisors, financial planners or broker/dealers, and cannot, through the Services, advise you or your clients. If you choose to make investment decisions or purchase decisions of insurance or other products or services for your clients in reliance on information you receive in connection with the Services, you do so at your own risk.
To the maximum extent permitted by law, Yourefolio Enterprises™ LLC. disclaims any and all liability in the event that any content or data on the service is inaccurate, incomplete, unreliable, or results in any investment, insurance or other losses. Nothing on the service should be construed as an offer to sell, an offer to buy, or a recommendation for or against any security or insurance product by Yourefolio Enterprises™ LLC. or any third party.
For information about Yourefolio Enterprises™ LLC., privacy and security policies, as well as data protection practices, please read our Privacy and Security Policy. You agree to the use of your data in accordance with that policy. We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any of the information collected from individuals. We constantly review our systems and data to ensure the best possible service to our customers.
You acknowledge and agree that Yourefolio™, Inc. and/or its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain information which is designated confidential by Yourefolio Enterprises™ LLC. and that you shall not disclose such information without Yourefolio Enterprises™ LLC. prior written consent. Yourefolio Enterprises™ LLC., gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services.
You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Yourefolio Enterprises™ LLC., in writing.
The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions. All of the information provided in the Services is proprietary to Yourefolio™, Inc. and/or its content providers; may not be copied or distributed, and is not warranted to be accurate, complete or timely. Neither Yourefolio Enterprises™ LLC. nor its content providers are responsible for any damages or losses arising from any use of this information.
You acknowledge that each Yourefolio™ account is designed, intended and licensed for use by a single named user only. You agree not to share access to your Yourefolio™ account, login information or password with any other individuals or entities, except where expressly permitted by a separate agreement with Yourefolio Enterprises™ LLC. You agree that you are solely responsible for the activities that occur under your user account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Yourefolio™ Enterprises LLC. immediately at email@example.com.
You agree to provide accurate and correct information about your identity, your firm, and your status as a licensed investment advisor or certified financial planner. You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.
You agree not to access any of the Services by any means other than the interface provided by Yourefolio™, except where expressly permitted by a separate agreement with Yourefolio Enterprises™ LLC. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.
Unless specifically permitted in a separate agreement with Yourefolio™, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. All information and creation of user profile information contained throughout the website and within the software may not be used in general mailings, mass communications or advertisements, without prior written
Your relationship with Yourefolio™ Enterprises LLC. will continue to apply until terminated by either you or Yourefolio™ Enterprises LLC. as set out below.
Yourefolio™ Enterprises LLC. may at any time, terminate its legal agreement with you if (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Yourefolio™ Enterprises LLC. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) Yourefolio™ Enterprises LLC. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by Yourefolio™ Enterprises LLC. is, in Yourefolio™ Enterprises LLC’s opinion, no longer commercially viable; or (f) you do not pay the amounts due for the license of the Services according to the terms stated in your invoice.
When these Terms come to an end, all the legal rights, obligations and liabilities that you and Yourefolio Enterprises™ LLC. have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including the provisions of the "General Legal Terms" and "Conflict of Laws" sections below.
You are welcome to request cancellation of the Services at any time. If you want to cancel your account, you may do so by written notification to Yourefolio Enterprises™ LLC. via electronic mail or via postal mail to the address which is set out at the beginning of these Terms. Cancellation is deemed effective when you receive an acknowledgement from a Yourefolio™ employee that your message has been received.
If your firm is paying for an advisor's account, and that advisor leaves your firm, it is your responsibility to notify Yourefolio Enterprises™ LLC., using the process and timelines described herein, that you will no longer be financially responsible for that advisor's account. If you choose to make such a notification, you also agree to provide the advisors updated contact information, so Yourefolio Enterprises™ LLC. can attempt to transfer financial responsibility for the account to them.
If you have a service commitment that has not yet expired, both access and billing for the Services will continue until that service commitment ends.
NOTHING IN THESE TERMS, INCLUDING THE "EXCLUSION OF WARRANTIES" AND "LIMITATION OF LIABILITY" SECTIONS, SHALL EXCLUDE OR LIMIT YOUREFOLIO ENTERPRISES™ LLC. WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, YOUREFOLIO ENTERPRISES™ LLC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUREFOLIO ENTERPRISES™ LLC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOUREFOLIO ENTERPRISES™ LLC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IT IS UNDERSTOOD FROM TIME TO TIME THAT INFORMATION IS STOLEN BY VARIOUS CRIMINAL ENTITIES. WHILE YOUREFOLIO ENTERPRISES™ LLC. DOES EVERYTHING WITHIN ITS POWER TO CIRCUMVENT THIS FROM HAPPENING IF IT SHOULD OCCUR YOU DO NOT PERSONALLY HOLD LIABLE YOUREFOLIO ENTERPRISES™ LLC., ITS EMPLOYEES OR AFFILIATES LIABLE FOR THIS BREACH.
SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUREFOLIO ENTERPRISES™ LLC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, DATA STOLEN BY CRIMINAL ACTIVITY, BILLING INFORMATION, CREDIT CARD INFORMATION STOLEN BY CRIMINAL ACTIVITY OF A BREACH OF THE WEBSITE BY CRIMINAL ACTIVITY.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR YOUREFOLIO ENTERPRISES™ LLC. ACTIONS;
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH YOUREFOLIO ENTERPRISES™ LLC. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
YOUR FAILURE TO PROVIDE YOUREFOLIO™ WITH ACCURATE ACCOUNT INFORMATION;
ALL OF THE LIMITATIONS ON YOUREFOLIO ENTERPRISES™ LLC. LIABILITY TO YOU SHALL APPLY WHETHER OR NOT YOUREFOLIO ENTERPRISES™ LLC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Yourefolio Enterprises™ LLC. may make changes to the Terms from time to time. When these changes are made, Yourefolio Enterprises™ LLC. will make a new copy of the terms available on its site. You understand and agree that if you use the Services after the date on which the Terms have changed, Yourefolio Enterprises™ LLC. will treat your use as acceptance of the updated Terms.
The Terms constitute the whole legal agreement between you and Yourefolio Enterprises™ LLC. and govern your use of the Services (with the exception of any explicitly written and executed side agreements between you and Yourefolio Enterprises™ LLC.), and completely replace any prior agreements between you and Yourefolio Enterprises™ LLC. in relation to the Services.
You agree that if Yourefolio Enterprises™ LLC. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Yourefolio Enterprises™ LLC. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Yourefolio Enterprises™ LLC. rights and that those rights or remedies will still be available to Yourefolio Enterprises™ LLC.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Yourefolio Enterprises™ LLC. under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of law's provisions. You and Yourefolio Enterprises™ LLC. agree to submit to the exclusive jurisdiction of the courts located within the City of Independence, Ohio, County of Cuyahoga, and the State of Ohio, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Yourefolio Enterprises™ LLC. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
User Account Policy
We are thankful for the ability to assist families in their times of need and be able to deliver their most important instructions, documents and information instantly. We're also committed to delivering the industry's best product and support experience, which means that we invest heavily in our software, technology and infrastructure.
We do our best to provide reasonable pricing that allows you to provide this service to your clients, but allows us to consistently deliver a world-class product and support experience. The following are our user account policies and fees.
Professional estate planner is a financial advisor, registered representative, registered investment advisor or investment advisor representative, attorney, certified financial planner or insurance professional. We screen all estate planners for enrollment and have the right to terminate anyone posing as an estate planner or not properly registered as a professional.
It is important to remember that Yourefolio™ Enterprises LLC. is a subscription based platform that operates on recurring billing. By signing up for this service you will be billed on a recurring basis either monthly or annually, whatever you choose. IT IS YOUR RESPONSIBILITY TO CANCEL THE SERVICE. The terms of cancellation are listed within the user account policy. You will receive an invoice upon initial billing and subsequent charges will be automatically charged to your credit card. If you have previously paid by check, an invoice will be sent 30 days prior to the due date.
The one thing is you can't share user profiles unless receiving prior authorization or you have a private/white label agreement. User accounts are assigned to a specific estate planner. Even though you can have unlimited clients per estate planner, those clients are assigned to one subscriber. You do not need to pay an additional amount for multiple logins (for your assistants). If you are found to be in violation of this policy your account will be suspended until you add the user or modify your account.
Everyone will receive regular emails with helpful hints and suggestions. You will also receive update reminders. Your authorized users will receive email notification and mail notification that you have selected them as an authorized user and how to access the system should something happen to you. You have the right to opt out, just let us no via email or written correspondence.
Yourefolio Enterprises™ LLC. may at any time, terminate its legal agreement with you if (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Yourefolio Enterprises™ LLC. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) Yourefolio Enterprises™ LLC. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by Yourefolio Enterprises™ LLC. is, in Yourefolio Enterprises™ LLC.'s opinion, no longer commercially viable; or (f) you do not pay the amounts due for the license of the Services according to the terms stated in your invoice.
You are welcome to request cancellation of the Services at any time. If you want to cancel your account, you may do so by written notification to Yourefolio Enterprises™ LLC. via electronic mail or via postal mail to the address which is set out at the beginning of these Terms. Cancellation is deemed effective when you receive an acknowledgement from a Yourefolio™ Enterprises LLC. employee that your message has been received.
You can cancel your account at any time within 30 days and receive a full refund. After 30 days you must enter five (5) full profiles (which must include the clients name and contact information, dynamic planning profile, financial assets, business interests (if applicable), pension and survivor benefits (if applicable), life insurance (if applicable), and beneficiary information) to receive a full refund. After six (6) months no refunds will be issued.
If your firm is paying for a professionals account, and that professional leaves your firm, it is your responsibility to notify Yourefolio Enterprises™ LLC., using the process and timelines described herein, that you will no longer be financially responsible for that professionals account or that you wish to remove them from access to an account in good standing. If you choose to make such a notification that you are no longer paying for the service, you also agree to provide the professionals updated contact information, so Yourefolio Enterprises™ LLC. can attempt to transfer financial responsibility for the account to them and so they can continue to assist their clients.
We utilize the data in your individual Yourefolio™ account to assist you with support requests, troubleshoot problems, or monitor the performance and effectiveness of the system. In addition, we utilize aggregated data across the entire Yourefolio™ platform to improve its effectiveness, develop insights, or monitor the performance and effectiveness of the system.
Your data is encrypted, we cannot access it. Only the person(s) who have the password can unlock the encrypted data. If you need us to view it for some reason, we will need to reset the password. This method ensures it is your data and only you control the access to it.
Information We Collect and How We Use It
We may collect the following types of information:
Information you provide to us when you establish a Yourefolio™ account, we ask you for personal information. We use the data you enter to provide the Services to you, and develop personalization to make things more relevant. We also analyze all our customer data in aggregate to understand more about the average Yourefolio™ user.
Contact Information. You may be asked for your email address or other personal contact information, which we will never share or sell with third parties.
When you access the services, our servers automatically record certain information in an industry-standard way. These logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We use logs to improve the quality of our services, debug problems, and track user trends.
Any messages email or communications that you send to Yourefolio Enterprises™ LLC. may be retained so that we can process your inquiries, respond to your requests or improve the quality of our services. We may use your email address and other personal contact information to communicate with you about our services.
Yourefolio Enterprises™ LLC. processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information outside your own country.
Yourefolio Enterprises™ LLC. only shares personal information with other companies or individuals outside of our company in the following limited circumstances:
If we have your consent, which we require opt-in consent for the sharing of any confidential personal information.
We do not provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for processing personal information on our behalf.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Yourefolio Enterprises™ LLC., its users or the public as required or permitted by law.
If Yourefolio Enterprises™ LLC. is ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to only Yourefolio Enterprises™ LLC. employees, contractors and agents who need to know that information to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Deleting Your Information
We believe that your data belongs to you, and therefore, you may delete your account at any time that you choose. To request that your account be deleted, please contact us at firstname.lastname@example.org. Because of the way we maintain our services to protect the integrity of your data, residual copies may take some time before they are deleted, and your data may remain in our backup systems. However, our systems are architected so that your data will drop out of active use for all the uses that we described above.
If you terminate your account, we will not delete your client’s data. You must delete the information from our systems. We will allow access to the profile with a written request from the client or beneficiaries (with proper legal documentation) or other legal means. No one will be able to edit the account. Should you terminate your account and your client wishes to transfer the data to another active subscriber of Yourefolio™ we will notify you first to gather your approval. You own the data and it will not be deleted or transferred without your approval.