Terms of Use

These Terms of Use govern your use of this website (https://www.smartpathadvisors.co/) and all related webpages (our “Website”) provided to you by SmartPath Advisors LLC (referred to as “we”, “our”, or “us”). Please thoroughly review these Terms of Use. If you do not agree to these Terms of Use, then you must refrain from accessing and/or using our Website.

These Terms of Use shall not apply to the website operated by our affiliate, SmartPath, Inc., which has its own terms of use made available through its website.

Last Updated: August 22, 2024

Scope

Our Website contains links to Form ADV regulatory filings, Terms of Use, and and Privacy Policy.

Your Rights To Use The Website And Restrictions

Our Website is protected by copyright, trade secret, and other intellectual property laws. You are hereby granted a limited right to view our Website solely to better understand our policies, and for no other purposes, and we reserve all rights of ownership in our Website. You agree not to use our Website or content on our Website in a manner that violates any applicable local, state, federal or international law.

SmartPath Advisors Services

Our services referenced in the Website, via linked Form ADV documents, require that you enter into agreements with us for such services. In the event of any conflict between such agreements and these Terms of Use, such agreements shall govern and control.

Disclaimer Of Warranties and Limitation Of Liability

DISCLAIMER OF WARRANTIES.

YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. WE, FOR OURSELVES, AND FOR OUR AFFILIATES, OUR PARTNERS (I.E. INCLUDING, WITHOUT LIMITATION, ALL EMPLOYERS THAT SPONSOR SERVICES FOR THEIR EMPLOYEES, AND THEIR RESPECTIVE THIRD PARTY ADMINISTRATORS THROUGH WHOSE WEBSITES THE SERVICES MAY BE MADE AVAILABLE) AND ALL THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY REGARDING: OUR WEBSITE BEING FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE WEBSITE, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO OUR WEBSITE. WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT OUR WEBSITE WILL BE FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF OUR WEBSITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), AND/OR ANY OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF OUR WEBSITE IS IN ACCORDANCE WITH APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US, AND OUR AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO OUR WEBSITE SHALL BE LIMITED TO $100.

WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; (C) CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE. THE ABOVE LIMITATIONS APPLY EVEN IF WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE TERMS OF USE SET FORTH THE ENTIRE LIABILITY OF US AND OUR AFFILIATES, PARTNERS AND SUPPLIERS, AS WELL AS YOUR EXCLUSIVE REMEDY, WITH RESPECT TO OUR WEBSITE, AND THE USE BY YOU OF OUR WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, partners and suppliers from and against any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out or in any way related to your use of our website and/or your breach of these Terms of Use (collectively referred to as “Claims”). We reserve the right, in our sole discretion, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.

Changes To These Terms of Use

We may change these Terms of Use from time to time, and the changes will be effective when posted on our Website. Please review these Terms of Use periodically for changes.

Copyright And Trademark Notices

All materials of our Website are owned and copyrighted or licensed by us, our affiliates, our partners and/or our suppliers. No reproduction, distribution, or transmission of the copyrighted materials of our Website (and any successor websites or additional websites or any co-branded websites), is permitted without our written permission. Any rights not expressly granted herein are reserved by us. Our name and logo are our trademarks (the “SmartPath Advisors Marks”). You agree not to display or use the SmartPath Advisors Marks in any manner whatsoever without our prior permission.

Governing Law And Jurisdiction

The internal, substantive laws of the State of Georgia govern these Terms of Use without regard to its conflicts of laws provisions. You agree that to resolve any legal dispute arising from these Terms of Use exclusively in the state or federal courts located in Atlanta, Georgia. SmartPath Advisors does not represent that information on our Website is appropriate or available for use in all countries. We prohibit accessing materials from countries or states where such access is illegal. You are accessing our Website on your own initiative and you are responsible for compliance with all applicable laws.

General

You represent and warrant that you are at least 18 years of age. These Terms of Use constitute the entire agreement and understanding between you and us and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding our Website. If any court of competent jurisdiction rules that any part of these Terms of Use to be invalid, illegal, void or unenforceable, then such part of the Terms of Use will be removed and severed from the Terms of Use without affecting the validity, enforceability, and effectiveness of the remainder of the Terms of Use. The remaining terms will be valid and enforceable. Our right and remedies under these Terms of Use are intended to be cumulative and any failure by us to exercise or enforce any of our rights or remedies under or in connection with these Terms of Use or to which we are entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of our rights or remedies, all of which will still be and remain available to us. By agreeing to be bound by these Terms of Use, you also agree to receive e-mail communication from us unless you respond that you would like for your address to be removed from this list.

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