Welcome to FinanceHQ.com. Please read these Terms and Conditions ("Terms") carefully before using the FinanceHQ.com website and any associated mobile and software applications on which these Terms are posted (the "Service" or “Website”) as operated by FinanceHQ LLC (“FinanceHQ,” "us," "we," or "our"). The Service includes all offers or services displayed on or offered through the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
These Terms constitute a legally binding agreement between FinanceHQ and you concerning your use of the Service. We encourage you to print these Terms or save them to your device or computer for reference. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate Privacy Policy.
This section outlines how you and FinanceHQ will handle disputes arising from these Terms, the Privacy Policy, the Service or the Website. It is crucial that you read this section carefully.
Claims and Governing Law
A "Claim" refers to any claim or dispute between you and us, or any third-party beneficiary, arising from these Terms, the Privacy Policy, the Service or the Website. These Terms, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be exclusively governed by the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the laws of the State of Delaware, excluding choice of law rules.
Informal Dispute Process
Our goal is to resolve all Claims to optimize customer satisfaction. Before seeking arbitration relief, you agree to first notify our Customer Service Department to attempt to resolve any Claims against us. You can reach us at legal@financehq.com. Participating in this informal process is a prerequisite to initiating arbitration or small claims court proceedings, to the fullest extent permitted by applicable laws.
Mandatory Pre-Arbitration Notice Procedure
If the Claim is not resolved through our Informal Dispute Process, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure before commencing arbitration:
Arbitration Agreement
The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration according to the following terms, except as otherwise provided further below:
Limitations to Arbitration
Class Action Waiver
THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT'S NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.
This dispute resolution provision applies equally to all parties and shall not be interpreted to the disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable, that specific part shall be severed from the agreement. The remaining portions of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.
Your use of the Website is subject to FinanceHQ's Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
The Service allows users to obtain general information (“Informational Content”) regarding financial organization and personal finance-related tools and resources. Informational Content includes information authored by third parties. Informational Content also includes general information authored by us. Examples of this may include general information we create regarding financial-related topics, planning strategies and financial organizational tools, tax information, and asset management. This information may be based on or include generalized information aggregated from third-party sources. Informational Content is for informational purposes only and is not information that you should rely on. Third-party authors are solely responsible for their content. FinanceHQ does not: (i) guarantee the accuracy, completeness, or usefulness of any Informational Content accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service.
Generalized information made available as part of our Informational Content is not intended as financial advice. Each person’s financial situation is unique, and you should not rely on any of the generalized information available on our Website when making financial decisions. Before you make any financial decisions or implement any financial, investment, tax, or estate planning strategies in response to information you viewed as part of our Informational Content, WE STRONGLY RECOMMEND THAT YOU SEEK ADDITIONAL INFORMATION FROM AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR WHO IS AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES AND IS QUALIFIED TO PROVIDE SAID ADVICE. Under no circumstances will FinanceHQ be responsible for any loss or damage resulting from your reliance on generalized information provided in connection with its Informational Content.
In general, if you complete a questionnaire on the FinanceHQ Website, you effectively establish an account with FinanceHQ and warrant that your information is accurate and authorized. You are solely responsible for your account activity, including confidentiality; you must notify us of suspicious or unauthorized account access or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.
Users Seeking Advisor Services. Users may provide information regarding their financial information, assets, financial goals, and identifying information through the Service, either through their account, by providing information through the Service, or by being redirected to a third-party website for further action. Information users add to their accounts will be provided to FinanceHQ employees and agents and, as applicable, third parties as part of our Service. Please carefully choose what information to add to your account. You should ensure that any information that you provide is accurate and complete, and that it does not contain any sensitive personal information or content that you do not want disclosed. If you are using the Service on behalf of a business that provides evidence that you are not authorized to act on its behalf, we may remove you from associated accounts.
We also offer Advisor Network Services on our Website. As part of this service, we provide you with the opportunity to connect with financial advisors, financial planners, and those who represent financial advisors and financial planners (our “Advisor Network”). In this capacity, we act as a registered investment advisor to connect you with members of our Advisor Network, who may in turn provide you with financial services. Our Advisor Network Services do not provide the opportunity to connect with all third-party financial planners, only those who are a part of our Advisor Network. Although we do not invite advisors to join our Advisor Network unless we determine, in our reasonable discretion, that these individuals are skilled and capable professionals, we do not monitor members of our Advisor Network on a day-to-day basis, nor do we make individualized determinations about their suitability for individual users. Thus, our decision to connect you with specific individuals and/or entities in our Advisor Network is not an endorsement or recommendation of these entities or individuals or the services they provide. You are responsible for performing your own due diligence in selecting a financial advisor. You acknowledge and agree that FinanceHQ shall not be responsible for any damage or loss caused or alleged to be caused by any action you take (or decline to take) with respect to your finances as a result of using our Service.
FinanceHQ does not have any duty to participate in ongoing monitoring of its Advisor Network, or of the accounts that users may create with them. Our obligation is limited to reviewing our Advisor Network members’ disclosure statements at least once a year, but this review does not involve tracking account performance or customer satisfaction. We do not establish advisory accounts, are not involved with investing your money and do not manage any accounts that you create with our Advisor Network. We do not provide advice regarding any specific investments. Our system matches users with members of our Advisor Network automatically, without human oversight, using our proprietary algorithm. This proprietary algorithm automatically matches you with members of our Advisor Network by considering suitability (such as geographic location) as well as your needs (such as the amount of assets that you are looking to invest). The order in which these members of our Advisor Network appear to you, or which members appear, may also be influenced by other factors, such as the characteristics of users that Advisor Network members want to be matched with, how much we are compensated for connecting you with certain members, or whether members of our Advisor Network have expressed a need to be connected with a certain number of users. Because we may receive compensation for connecting you with members of our Advisor Network, this may result in a conflict of interest. We may incorporate additional factors into our algorithm in the future, or may add or remove members from our Advisor Network, which may affect the system’s recommendations to you. You can read more information about the services we offer and potential conflicts that may result by reading our Form ADV Part 2A brochure, which is available here. You should carefully review our brochure before using our Advisor Network Services. Your use of our Advisor Network Services constitutes your consent to the limitations on the scope of our services.
We may provide your information to our Advisor Network pursuant to the terms of our Privacy Policy. However, we make no guarantees regarding whether or how those in our Advisor Network will utilize this information. We are not responsible for the method, timing, or frequency with which those in our Advisor Network contact you. Participants in our Advisor Network may require you to re-enter information that you have already submitted to us. Your provision of information to us does not necessarily mean that the Advisor Network representative has or is aware of this information. Disclosure to us does not fulfill any disclosure obligations you might otherwise have to disclose information when seeking financial help or advice.
By identifying a member of our Advisor Network who may be suited to provide you with financial advice, we do not promise that you will be accepted as a client, or that the Advisor Network representative will actually be able to provide the specific financial advice you seek. We make no such guarantees. We do not have authority on behalf of any member of our Advisor Network to bind them in any contract with you. The information we provide to you about our Advisor Network is entirely based upon information provided to us by third parties and may be inaccurate.
We do not provide any tax or legal advice. Do not share information with us, or with any member of our Advisor Network, for purposes of seeking legal advice. Information you share with us or with our Advisor Network may not be protected by any applicable legal privilege. If you share information with us or members of our Advisor Network that evidences past or future fraud or criminal activity (including but not limited to evidence of tax fraud, money laundering, or any other illegal activity), such information may be subject to reporting requirements and/or disclosure to relevant state and federal authorities.
By choosing to use our Advisor Network Services, you consent to receive required disclosure documents electronically to the email address you provided when requesting to be matched with a member of our Advisor Network.
We are constantly updating our Website, including information provided by our Advisor Network. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Without limiting any other provision of these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to impersonate anyone or submit any false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or other network; (l) using an account not intended for you or breaching any authentication or password features without proper authorization; (m) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any source code used by FinanceHQ; and (n) to create multiple accounts to promote your (or another’s) business. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You should consult with an attorney for any questions. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.
Written notices to our agent may be emailed to:
FinanceHQ at legal@financehq.com
The Service and its original content, features, and functionality are and will remain the exclusive property of FinanceHQ and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FinanceHQ. Neither your use of the Service nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, FinanceHQ or any third-party trademarks, service marks, graphics, logos, or domain names. All content and other materials available through the Service, including without limitation the FinanceHQ logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by FinanceHQ or are the property of FinanceHQ’s licensors and suppliers or the product manufacturers. Except as explicitly provided, neither your use of the Service nor these Terms grant you any right, title, or interest in any such materials. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, display, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Subject to your compliance with these Terms, FinanceHQ grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to use the FinanceHQ Service for your personal, non-commercial purpose. All rights not expressly granted in these Terms are reserved by FinanceHQ.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. For more information on how data is retained or how it can be deleted, see our Privacy Policy.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, arbitration and choice of law, prohibited practices, indemnity, and limitations of liability. Any termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Service. Upon termination, FinanceHQ may, but has no obligation to, in FinanceHQ’s sole discretion, rescind any services and/or delete from FinanceHQ’s systems all your information and any other files or information that you made available to FinanceHQ or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
You agree to defend, indemnify, and hold harmless FinanceHQ and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) your breach of these Terms; (iii) your breach of applicable law(s); or (iv) your provision to FinanceHQ of information or other data. The indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice. You may not settle any claim without the prior written consent of the concerned indemnitees.
IN NO EVENT SHALL FINANCEHQ, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY, REGARDLESS OF THE FORESEEABILITY OR OF NOTICE, ARISING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN NO EVENT WILL FINANCEHQ BE LIABLE TO YOU FOR ANY THIRD-PARTY CONTENT OR PRODUCTS OR YOUR DAMAGES OR LOSS RELATED TO YOUR VIOLATION OF THESE TERMS. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FINANCEHQ AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CERTAIN LAWS MAY LIMIT THE SCOPE OF THIS SECTION. THIS SECTION SHALL APPLY TO LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT ALLOWABLE BY LAW. WHERE THE LAW PREVENTS US FROM LIMITING OUR LIABILITY, SUCH AS UNDER THE INVESTMENT ADVISORS ACT OF 1940, THIS SECTION WILL NOT APPLY.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU WILL NOT HOLD FINANCEHQ, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM OR RELATES TO YOUR ACCESS TO AND/OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, INCLUDING WITHOUT LIMITATION TABLETS AND/OR SMARTPHONES, OR DATA. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
FINANCEHQ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FINANCEHQ DOES NOT WARRANT THAT I) THE SERVICE WILL FUNCTION UNINTERRUPTED, OR THAT IT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; III) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR IV) THE SERVICE OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect, including by sending you notice to the email address associated with your account where applicable. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
The Service is provided as-is. FinanceHQ makes no guarantees that the Service will be error-free or without interruption. Circumstances outside of our control, such as major weather events, hardware malfunction, or the actions of third parties, may result in interruptions to the Service, the complete loss of your data or account access, and more. FinanceHQ will not be liable for any such losses or interruptions, or for any damages flowing therefrom.
These Terms constitute the entire agreement between FinanceHQ and you concerning your use of the Service. These Terms are severable. Should any part of these Terms be declared invalid, void, or unenforceable by a competent court, such decision shall not affect the validity of any remaining portion of these Terms, which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach. These Terms and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of FinanceHQ. FinanceHQ may assign or transfer its rights or obligations hereunder. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third-party rights by you would cause irreparable injury to FinanceHQ and FinanceHQ’s licensors and Advisor Network, and would therefore entitle FinanceHQ or FinanceHQ’s licensors or suppliers, as the case may be, to injunctive relief. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from FinanceHQ, over the short term and periodically, including email communications. These communications will be about the Service, new offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
FinanceHQ welcomes your questions or comments regarding the Terms.
Please contact us at support@financehq.com.