Broker Check

Terms of Use

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL,
WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE
AGAINST ELEVATE FINANCIAL & INSURANCE SERVICES, LLC (AS DEFINED
BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION
AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST
ELEVATE FINANCIAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND
(2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Your Agreement to These Terms of Use
ELEVATE FINANCIAL & INSURANCE SERVICES (“ELEVATE FINANCIAL” or “we”)
provides and makes available this website. By using this website, you agree that you
have carefully read and agree to be bound by the following terms and conditions of use
("Terms of Use"). Please read these Terms of Use carefully. If you do not agree to
these Terms of Use, you are not authorized to, and may not, view, use or otherwise
access this website for any purpose. You understand and agree that Elevate Financial
may revise these Terms of Use or the Content (as defined below) of this website at any
time without prior notice by updating this posting, and any viewing, use or accessing of
the Web Site after such date shall constitute your agreement to be bound by any such
revised Terms of Use. You may read a current, effective copy of these Terms of Use at
any time by selecting the “Terms of Use” link on the website. The revised terms and
conditions will become effective upon posting. If any change to these Terms of Use is
not acceptable to you, your sole remedy is to cease visiting, using or otherwise
accessing the website. Elevate Financial also reserves the right, in its sole discretion, to
restrict, suspend, or terminate these Terms of Use and your access to all or any part of
the website or the Content at any time and for any reason without prior notice or liability.
Elevate Financial reserves the right to change, suspend, or discontinue all or any part of
the website or the Content at any time without prior notice or liability.

Your access to and use of the website is also subject to Elevate Financial’s Privacy
Policy located on our website, the provisions of which are hereby incorporated herein by
reference.

2. Limited Use and Purpose
Nothing contained on this website is intended to be or should be construed as legal, tax
or investment advice. This website is for informational purposes only and does not
constitute a recommendation, an offer to sell, or a solicitation of an offer to buy any
securities, futures, options or other financial instruments ("Securities"), nor shall any
such Securities be offered or sold to any person in any jurisdiction whose laws would
make such offer, solicitation, purchase, or sale unlawful.


3. Investment Products are Not Federally Insured

Securities (including shares of mutual funds), alternative investments, and other
investment products referenced on this website are not bank deposits and are not
insured by the FDIC or any other agency of the United States, nor are they obligations
of, or insured or guaranteed by, Elevate Financial or any of its subsidiaries or affiliates.
Securities (including shares of mutual funds) and other investments involve investment
risks, including the possible loss of value. Your eligibility for particular investment
options or services is subject to final Elevate Financial determination and acceptance.

4. Prohibition on Funding of Unlawful Internet Gambling under
Regulation GG
The Unlawful Internet Gambling Enforcement Act of 2006 (the “Act”) prohibits
commercial clients (as defined in the Act) from conducting account transactions made in
connection with unlawful Internet gambling (termed "Restricted Transactions" in the
Act). Accordingly, Elevate Financial prohibits the use of any Elevate Financial account
to engage in or process Restricted Transactions.

5. Limits on Elevate Financial’s Liability and Disclaimer of Warranties
ELEVATE FINANCIAL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS
(COLLECTIVELY, THE “ELEVATE FINANCIAL PARTIES“) MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED
TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR
RELIABILITY. THE ELEVATE WEALTH PARTIES SHALL NOT BE SUBJECT TO
LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT
OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS,
MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS
OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU
AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE ELEVATE FINANCIAL PARTIES DO NOT WARRANT THAT THE WEBSITE WILL
OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE
CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
NO ELEVATE WEALTH PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ELEVATE
FINANCIAL PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-
INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE.

IN NO EVENT SHALL ANY ELEVATE FINANCIAL PARTY BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE
WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF
SUCH ELEVATE WEALTH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE
ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE ELEVATE
WEALTH PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
IF YOU ARE FROM NEW JERSEY, THE FOREGOING PARAGRAPHS IN THIS
SECTION 4 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER
THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE
SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW
JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY
OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

6. Indemnification.
You agree to defend, indemnify, and hold harmless the Elevate Financial Parties from
and against any claims, actions or demands, including, without limitation, reasonable
legal and accounting fees, arising or resulting from your breach of these Terms of Use
or your access to, use or misuse of the Content or website. Elevate Financial shall
provide notice to you of any such claim, suit, or proceeding. Elevate Financial reserves
the right to assume the exclusive defense and control of any matter which is subject to
indemnification under this Section. In such case, you agree to cooperate with any
reasonable requests assisting Elevate Financial’s defense of such matter.

7. Restrictions on Use of the Website and Content
Elevate Financial owns and operates this website. Permission is granted to view,
display and navigate this website solely for lawful, personal, and non-commercial use.
Any illegal, commercial, or public use of this website or any portion hereof is strictly
prohibited. This website contains material, including but not limited to software, text,
graphics and images (collectively referred to as the “Content”). We may own the
Content or portions of the Content may be made available to us through arrangements
that we have with third-parties. The Content is protected by United States and foreign

intellectual property laws. Unauthorized use of the Content may result in violation of
copyright, trademark, and other laws. You have no rights in or to the Content, and you
will not use, copy, transmit, distribute or display the Content except as permitted under
these Terms of Use. You may download Content displayed on this website for lawful,
non-commercial, personal use only, provided you also retain all copyright and other
proprietary notices contained on the materials. No other use is permitted without
Elevate Financial’s prior written consent, and except as stipulated in the foregoing
sentence you may not sell, transfer, assign, license, sublicense, or modify the Content
or reproduce, display, publicly perform, make a derivative version of, distribute, or
otherwise use the Content in any way for any public or commercial purpose. The use or
posting of any of the Content on any other web site or in a networked computer
environment for any purpose is expressly prohibited. If you violate any part of these
Terms of Use, your right to access and/or use the Content and website shall
automatically terminate and you shall immediately destroy any copies you have made of
the Content.
You agree not to: (a) take any action that imposes an unreasonable load on the
website’s infrastructure, (b) use any device, software or routine to interfere or attempt to
interfere with the proper working of the website or any activity being conducted on the
website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising or making up the website, (d) delete or alter any material posted on
the website by Elevate Financial or any other person or entity, or (e) frame or link to any
of the materials or information available on the website.

8. Trademarks and Copyrights
All trademarks, service marks, trade names, and logos displayed or otherwise on this
website, whether registered or unregistered, are proprietary to Elevate Financial, except
as explicitly noted below under Ownership of Other Materials. Nothing contained on the
website should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any trademark displayed on this website without the written
permission of Elevate Financial or such third party that may own the trademarks
displayed on this website for each specific use. Your use of the trademarks displayed
on this website, except as provided herein, is strictly prohibited. The trademarks may
not be used to disparage Elevate Financial or the applicable third-party, Elevate
Financial ’s or third-party’s products or services, or in any manner (using commercially
reasonable judgment) that may damage any goodwill in the trademarks. All goodwill
generated from the use of any such trademark shall inure to Elevate Financial’s or the
applicable third party’s benefit.
Images displayed on this website are either the property of, or used with permission by,
Elevate Financial. The use of these images is prohibited unless specifically permitted
herein, and any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and statutes. If
you download any information or software from this website, you agree that you will not

copy it or remove or obscure any copyright or other notices or legends contained in any
such information.
Certain elements of the website are protected by trade dress, trademark, unfair
competition, and other state and federal laws and may not be copied or imitated in
whole or in part, by any means, including but not limited to, the use of framing or
mirrors, except as otherwise expressly permitted by these Terms of Use. None of the
Content for this website may be retransmitted without the express written consent from
Elevate Financial in each and every instance.

9. Communications Are Not Confidential
Information submitted to this website should not be considered secure or confidential,
and Elevate Financial makes no representation whatsoever concerning the security or
confidentiality of such information and specifically makes no representation that any
information submitted through this website will be received by Elevate Financial. If you
are an Elevate Financial client, please send any electronic communications directly to
our Client Account Manager, or upload data into the vault on the client portal.

10. Use of Links
The website may contain links to third-party web sites. These links are provided solely
as a convenience to you and not as an endorsement by us of the content on such
websites. The content of such website is developed and provided by others. Should you
leave this website via a link contained herein and view content that is not provided by
Elevate Financial, you do so at your own risk. The content to which you link will not
have been developed, checked for accuracy, or otherwise reviewed by Elevate
Financial. Elevate Financial is not responsible for damages or losses caused by any
such website, whether actual, alleged, consequential or punitive. Elevate Financial
makes no guarantees or representations as to, and shall have no liability for, any
information delivered by any third party, including, without limitation, the accuracy,
subject matter, quality or timeliness of any electronic content.

11. SEC Materials
Certain information provided through this website has been filed with the Securities and
Exchange Commission ("SEC") (such materials being referred to as "SEC Materials").
Elevate Financial does not assume any duty of disclosure beyond that which is imposed
by law and expressly disclaims any duty to update any information set forth in the SEC
Materials. Individual statements appearing in the SEC Materials are intended to be read
in conjunction with and in the context of the complete SEC Materials in which they
appear, rather than as stand-alone statements.
Certain statements included in both the SEC Materials and other public disclosures
contained on this website are "forward-looking statements" within the meaning of the

Private Securities Litigation Reform Act of 1995. Such forward-looking statements are
subject to risks, uncertainties, and other factors that could cause actual results to differ
materially from future results expressed or implied by such forward-looking statements.
The most significant of such factors include the performance of financial markets, the
investment performance of Elevate Financial 's sponsored investment products and
separately managed accounts, general economic conditions, competitive conditions,
and government regulations, including changes in tax rates. You are cautioned to
consider carefully such factors. Further, such forward-looking statements speak only as
of the date on which such statements are made; Elevate Financial undertakes no
obligation to update any forward-looking statements to reflect events or circumstances
after the date of such statements.

12. Ownership of Other Materials
Adobe©, Acrobat©, Acrobat Reader©, and the Acrobat logo are trademarks of Adobe
Systems Incorporated. Microsoft© and Internet Explorer© are trademarks of Microsoft
Corporation. Standard & Poor's©, S&P©, Standard & Poor's 500©, S&P 500©, and
others are trademarks of The McGraw-Hill Companies, Inc. Sector and Industry
classifications included in this website utilize the Global Industry Classification Standard
("GICS"). GICS© is the exclusive property and a service mark of Morgan Stanley
Capital International Inc. ("MSCI") and Standard & Poor's ("S&P"), a division of The
McGraw-Hill Companies, Inc. Neither MSCI nor S&P makes any express or implied
warranties or representations or shall have any liability for any direct, indirect, special,
punitive, consequential or any other damages (including lost profits) with respect to
GICS© data or results obtained therefrom.

13. Arbitration
(a) Agreement to Arbitrate: This Section 13 is referred to as the “Arbitration Agreement.”
You agree that any and all disputes or claims that have arisen or may arise between
you and Elevate Financial, whether arising out of or relating to this website or these
Terms of Use, shall be resolved exclusively through final and binding arbitration, rather
than a court, in accordance with the terms of this Arbitration Agreement, except that you
may assert individual claims in small claims court, if your claims qualify. You agree that,
by agreeing to this Agreement, you and Elevate Financial are each waiving the right to a
trial by jury or to participate in a class action. Your rights will be determined by a neutral
arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this
Arbitration Agreement shall not preclude either party from pursuing a court action for the
sole purpose of obtaining a temporary restraining order or preliminary injunction in
circumstances in which such relief is appropriate; provided that any other relief shall be
pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: You
and Elevate Financial agree that each may bring claims against the other only on an

individual basis and not as plaintiff or class member in any purported class or
representative action or proceeding. Unless you and Elevate Financial agree otherwise,
the arbitrator may not consolidate or join more than one person’s or party’s claims and
may not otherwise preside over any form of a consolidated, representative, or class
proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and
declaratory relief) only in favor of the individual party seeking relief and only to the
extent necessary to provide relief necessitated by that party’s individual claim(s).
(c) Pre-Arbitration Dispute Resolution: Elevate Financial is always interested in
resolving disputes amicably and efficiently, and most website users’ concerns can be
resolved quickly and to the user’s satisfaction by emailing Elevate Financial
at Info@elevatefinsvcs.com. If such efforts prove unsuccessful, a party who intends to seek
arbitration must first send to the other, by certified mail, a written Notice of Dispute
(“Notice”). The Notice to Elevate Financial should be sent to General Counsel, Elevate
Financial & Insurance Services, LLC at Martin Jannol 8383 Wilshire Boulevard, Suite
633, Beverly Hills, CA 90211 (“Notice Address”). The Notice must (i) describe the nature
and basis of the claim or dispute and (ii) set forth the specific relief sought. If Elevate
Financial and you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or Elevate Financial may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by Elevate Financial or
you shall not be disclosed to the arbitrator until after the arbitrator determines the
amount, if any, to which you or Elevate Financial is entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in
accordance with the Comprehensive Arbitration Rules and Procedures of JAMS, LLC,
(collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. If there is
any inconsistency between any term of the JAMS Rules and any term of this Arbitration
Agreement, the applicable terms of this Arbitration Agreement will control unless the
arbitrator determines that the application of the inconsistent Arbitration Agreement
terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator
to decide, including, but not limited to, issues relating to the scope, enforceability, and
arbitrability of this Arbitration Agreement. The arbitrator can award the same damages
and relief on an individual basis that a court can award to an individual under this
Agreement and applicable law. Decisions by the arbitrator are enforceable in court and
may be overturned by a court only for very limited reasons. Unless Elevate Financial
and you agree otherwise, any arbitration hearings will take place in a reasonably
convenient location for both parties but if you cannot agree, Beverly Hills, California with
due consideration of their ability to travel and other pertinent circumstances. If the
parties are unable to agree on a location, the determination shall be made by JAMS.
The right to a hearing will be determined by the JAMS Rules. Regardless of the manner
in which the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which the award
is based.

(e) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees
(collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless
otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be
governed by the JAMS Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, including its existence,
content and any ruling, decision, or award by the arbitrator, will be strictly confidential
for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this
Arbitration Agreement is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable and that comes
closest to expressing the intention of the invalid or unenforceable term or provision, and
this Arbitration Agreement shall be enforceable as so modified.

14. U.S. Government Restricted Rights 
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure
by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48
CFR 252.227-7013 et seq. or its successor. Use of the website or Content by the
Government constitutes acknowledgement of our proprietary rights in the website and
Content.

15. Jurisdiction, Governing Law and Miscellaneous
This website is controlled and operated by Elevate Financial from its offices within the
United States. Elevate Financial makes no representation that materials on the website
are appropriate or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who choose to access this
website from other locations are responsible for compliance with applicable local laws.
You may not use or export the materials on this website in violation of U.S. export laws
and regulations. By downloading any Content, you are expressly agreeing that you are
not in a country where such export is prohibited or are a person or entity for which such
export is prohibited. You are solely responsible for compliance with the laws of your
specific jurisdiction regarding the import, export, or re-export of such Content.
The information provided on this website is not intended for distribution to, or use by,
any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject Elevate Financial or its affiliates
to any registration requirement within such jurisdiction or country.
The internal substantive laws of the State of California govern these Terms of Use and
your agreement to them, without respect to its conflict of laws provisions. To the extent
claims may be resolved outside of arbitration hereunder, you expressly agree to submit

to the exclusive personal jurisdiction of the state and federal courts sitting in California,
California. If any provision of these Terms of Use is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Use, which shall remain in full force and
effect. Failure of Elevate Financial to act on or enforce any provision of these Terms of
Use shall not be construed as a waiver of that provision or any other provision herein.
No waiver shall be effective against Elevate Financial unless made in writing, and no
such waiver shall be construed as a waiver in any other or subsequent instance. Except
as expressly agreed by Elevate Financial and you, these Terms of Use constitutes the
entire agreement between you and Elevate Financial with respect to the subject matter,
and supersedes all previous or contemporaneous agreements, whether written or oral,
between the parties with respect to the subject matter. The section headings are
provided merely for convenience and shall not be given any legal import. These Terms
of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Any information submitted or provided by you to the website might be publicly
accessible. Important and private information should be protected by you. Elevate
Financial is not liable for protection of privacy of electronic mail or other information
transferred through the Internet or any other network that you may use.