These Terms of Service ("Terms") govern your use of the client portal (the "Portal") operated by Rich & Company, LLC ("Rich & Company," "we," "our," or "us"), a Registered Investment Advisor. By accessing or using the Portal, you agree to be bound by these Terms.
The Portal is a reporting and communication tool provided to clients of Rich & Company. It is not the investment advisory agreement governing our services to you. All investment advisory services are governed by your separately executed Investment Advisory Agreement (the "IMA") and our Form ADV brochure. In the event of any conflict between these Terms and the IMA, the IMA controls. Nothing in these Terms creates, modifies, or limits any fiduciary duty owed to you under the IMA or applicable law.
The Portal is available only to current clients of Rich & Company and to authorized viewers designated in writing by a client. You must be at least 18 years old to use the Portal. Each user is responsible for maintaining the confidentiality of their account credentials and for all activity that occurs under their account. Notify us immediately at privacy@richcoadvisors.com if you suspect unauthorized access.
You may use the Portal solely to view information about your accounts and household, to communicate with the firm, and to take any actions the Portal explicitly enables. You agree not to:
The Portal uses Plaid Inc. ("Plaid") to allow you to securely connect external financial accounts. When you choose to link an account, you authorize Plaid to collect account information from your financial institution on our behalf and to share that information with us in accordance with our Privacy Policy. Plaid's collection and use of your information is also governed by Plaid's End User Privacy Policy at plaid.com/legal. You may review, manage, or revoke connections through Plaid Portal at my.plaid.com or by contacting us directly.
Information displayed in the Portal — including account balances, holdings, performance, benchmarks, and transactions — is provided for informational purposes only and may be delayed, incomplete, or subject to change. Definitive records of your accounts are maintained by the applicable custodians (such as Charles Schwab or Raymond James) and their statements control in the event of any discrepancy. The Portal does not constitute investment, tax, legal, or accounting advice. Investment advice is provided only under the terms of your IMA.
Our collection, use, and protection of your personal and financial information is described in our Privacy Policy, which is incorporated into these Terms by reference.
The Portal, including its design, software, content, and branding, is owned by Rich & Company or its licensors and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the Portal for its intended purpose during the term of your advisory relationship. No other rights are granted.
The Portal is provided "as is" and "as available." We make commercially reasonable efforts to keep it accurate and operational but do not warrant that it will be uninterrupted, error-free, or free of security incidents. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose, with respect to the Portal itself. This Section does not limit or disclaim any duty owed to you under your IMA or applicable law as a fiduciary.
To the extent permitted by law, and subject to our fiduciary obligations to you under the IMA, our aggregate liability arising out of or related to your use of the Portal (as distinct from the advisory services provided under the IMA) is limited to direct damages and shall not exceed one hundred dollars ($100). We are not liable for incidental, consequential, or indirect damages arising from your use of the Portal, including loss of data resulting from third-party service interruptions outside our reasonable control. Nothing in this Section limits any liability that cannot be excluded under applicable law.
We may suspend or terminate your access to the Portal at any time, with or without cause, including upon termination of your advisory relationship. You may stop using the Portal at any time. Termination of Portal access does not affect any rights or obligations under your IMA. Upon termination, we will retain information about you only for the period required by law and our records-retention obligations as an RIA.
We may update these Terms from time to time. The "Effective" date at the top reflects the most recent revision. Material changes will be communicated to active clients through the Portal or by email. Continued use of the Portal after a revised version takes effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia, except where your IMA provides for a different forum or for arbitration, in which case the IMA controls.
Questions about these Terms should be directed to:
Rich & Company, LLC
12540 Broadwell Road, Suite 2201
Milton, GA 30004
privacy@richcoadvisors.com
(770) 284-5684