Updated October 2, 2017
Linked Outside Accounts: Forum does not guarantee/warrant the accuracy of linked account values, nor assume any liability to third parties relying on this information. This information is intended to serve as a basis for further discussion with your professional advisors. Linked assets listed are NOT held at Forum; they are held directly with a third-party custodians.
Wealth Portal Dashboard: The information provided on the Wealth Portal Dashboard is intended to serve as a basis for further discussion with your professional advisors. Although great effort has been taken to provide accurate numbers and explanations, the information in this summary should not be relied upon for making investment decisions. Forum does not guarantee/warrant the accuracy of linked account values, nor assume any liability to third parties relying on this information. All assets listed are NOT held at Forum; they are held directly with a third-party custodians.
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING (OR CONTINUING TO USE) THIS WEBSITE OR THE APPLICATIONS AND OTHER FEATURES OFFERED THROUGH THIS WEBSITE. This website (the "website" or "site") is operated by Forum Financial Management, LP ("Forum”). All registered users of this website agree that access to, and use of, this site and any of the applications and other available features (collectively the "Applications") are subject to the provisions of this User Agreement, in addition to the general Terms and Conditions of this site. In the event of any conflict between this User Agreement and the Terms and Conditions, this User Agreement shall control. If you do not agree to this User Agreement, you may not use Applications and areas of the site that are only accessible to registered users.
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Linked Outside Accounts: By using the service, you authorize Forum and Owl to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Forum a limited power of attorney, and you hereby appoint Forum as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each act and all things requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FORUM OR OWL ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, FORUM IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service.
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Indemnification: In respect to non-advisory services performed by Forum, you agree to protect and fully compensate Forum and Owl and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that Owl is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Owl were a party to this Agreement.
Electronic Signature and Affirmations; Investor Representation; Acceptance of Investment Adviser Agreement; Reaffirmation of User Agreement:
At certain times during your use of the site and Applications on the site, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. In each such instance, you agree that your clicking on the appropriate box, tab or other link shall constitute an electronic signature for purposes of your use of the site, and the Applications and the electronic record thereof maintained by Forum shall be considered conclusive evidence of whether you accepted, declined or otherwise acknowledged such matter, absent manifest error by Forum.
Certain areas of the site are only available for use by individual investors solely for his or her own account (an "Individual Investor”) in the United States and the information contained on this site in connection with such areas and Applications is only made available on that basis. Accordingly, upon your use of any such area or Application, you may be prompted to represent (and upon each use of such area or Application will be deemed to have represented) (the "Representation") to Forum that you are an Individual Investor accessing this site from the United States solely for your own account. Forum is not a registered broker or dealer. Consequently, no information contained in this site constitutes an offer by any member, employee or affiliate of Forum to buy or sell any securities or financial instruments. Neither Forum nor any affiliate will have any liability to you for any losses arising directly or indirectly from any information accessed as a result of any false or erroneous Representations made by you.
Use of certain areas of the site or Applications on the site requires agreement to an Investment Adviser Agreement. When you use any such areas or Applications, you will be prompted to review and agree to or decline agreement of the terms of the Investment Adviser Agreement.
By making the Representation and by agreeing to the Forum Advisory Agreement, you have also been deemed to have reaffirmed your agreement to, and that you have read and understood, this User Agreement.
Website and Applications Updates: From time to time, Forum may update the Applications and this website, which updating shall be at Forum's sole discretion. Forum shall have the right at any time, in its sole and absolute discretion, to modify or delete features and to change the operating interface of this website or in the Applications, or to change the hardware and computer system specifications necessary or recommended to operate or access the website and/or Applications. Forum does not warrant the level of performance of the Applications, that newer versions of the website or Applications will continue to be accessible in a user's specific operating environment unless that environment conforms with the specifications applicable to such new version, or that earlier versions of the website or Applications will continue to be accessible upon release of newer versions.
Termination: Forum may terminate and disable your access to this website and the Applications at any time if you violate this User Agreement. You agree that Forum will not be liable to you or any third party for any termination or disabling of your use of this website or the Applications as a result of your failure to comply with this User Agreement. If your use of our site is terminated or disabled for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination or disabling of access.
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Limitations of Liability: FORUM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE APPLICATIONS, THE PERFORMANCE OR USE OF THIS WEBSITE, THE APPLICATIONS, OR ANY INFORMATION OR PRODUCTS AVAILABLE THROUGH THIS SITE, EVEN IF FORUM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicability of Terms and Changes: This User Agreement is applicable to you upon your completing the registration process, which requires you to accept the User Agreement. You agree that Forum may revise the provisions of this User Agreement at any time; provided that if Forum makes any revisions, Forum will provide notice to you of such revisions, which notice may be given by any of the following means: (i) by the posting of a notice on a prominent screen or area within the forumfin.com access menu or when you use an Application that requires you to expressly agree to the User Agreement or the Terms and Conditions (if you are not yet a registered user), (ii) by email to the email address that you provided to Forum, (iii) by regular mail to the mailing address that you provided to Forum, or (iv) by any other electronic or non-electronic means that Forum believes is reasonably likely to alert you to such changes (which may include by labelling the link on our website home page to this User Agreement with the words "Updated User Terms" or similar wording, which will alert you to changes in this User Agreement).
Additional Restrictions on Use; Disclaimers Concerning User Content:
In addition to the disclaimers above, Forum does not assume any responsibility to review any communications and materials posted to or created by users accessing the site, and Forum is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Forum is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Forum reserves the right to block or remove communications or materials that it determines to be: (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property right of another or (iv) offensive or otherwise unacceptable to Forum in its sole discretion.
You further agree that you will not utilize in any manner the site or the Applications products or services we offer on our site:
To violate, whether intentionally or unintentionally, any applicable local, state, national or international law, rule or regulation including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the rules of any securities exchange or other market system;
To upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any ETF or other security or to otherwise disclose any information that you do not have the right to disclose; or
To advertise, offer for sale or sell any securities whether registered or unregistered.
Indemnification: In respect to non-advisory services performed by Forum, you agree to indemnify, defend, and hold harmless Forum, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this User Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site or the Applications using your user account.
Third-Party Links: In an attempt to provide increased value to our visitors, Forum may link to sites operated by third parties. However, even if the third party is affiliated with Forum, Forum has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Forum. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Forum seeks to protect the integrity of its website and the links placed on it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Notice and Address: Forum may deliver notices to you concerning your activities on this site by means of email, a general notice on the site, or by other reliable method to the address you have provided to Forum. Forum's email address is: firstname.lastname@example.org
Miscellaneous: Your use of this site and the Applications shall be governed in all respects by the laws of the state of Illinois, United States, without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site or the Applications shall be in the state or federal courts located in the County of DuPage, Illinois. Any cause of action or claim you may have with respect to the site or the Applications must be commenced within one (1) year after the claim or cause of action arises. Forum's failure to insist upon or enforce strict performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of this User Agreement. Forum may assign its rights and duties under this User Agreement to any party at any time without notice to you.