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Terms and Conditions of Use
Thank you for visiting AdvocacyTrust.com (the "Website"), the website of Advocacy Trust, LLC ("Advocacy", "we", or "us").
1. Limited License and Guidelines For Use. We grant you a limited, nontransferable, nonexclusive license to access this Website and the information available throughout its Webpages and also to download any materials contained therein. After requesting and obtaining our permission, you may provide links to the homepage of this Website and only to the homepage. A request for permission can be made by emailing us at firstname.lastname@example.org. You will be able to view and download certain documents and publications made available on or through this Website. You may not modify, nor allow or cause any third party to modify in any way these documents or publications. All of the restrictions on use of our data and information shall continue to apply to information downloaded from this Website until you destroy all copies of that information.
3. Disclaimers and Limitations on Liability.
(a) No Legal or Tax Advice. The information contained in this Website is provided as a general overview and starting point for learning about our products and services. NEITHER THIS WEBSITE NOR THE INFORMATION OR DATA AVAILABLE ON OR THROUGH IT CONSTITUTES LEGAL, ACCOUNTING, TAX, INVESTMENT, OR OTHER PROFESSIONAL ADVICE OR SERVICES. Because every situation is unique and fact-specific, you should consult a professional who can review and analyze all aspects of your particular situation before making any decision or taking any action.
(b) No Warranties. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. THEREFORE, THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS-IS, WHERE-IS", WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS, OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
(c) Regulatory Compliance. Advocacy makes no representations or warranties regarding compliance with government regulations requiring disclosure of information about the products or services advertised on or through this Website.
(d) LIMITATION OF LIABILITY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ADVOCACY OR ITS AFFILIATES, OR ANY OF THEIR PARTNERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OR EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY INFORMATION CONTAINED IN OR OMITTED FROM THIS WEBSITE, (2) ANY RELIANCE ON SUCH INFORMATION WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE (3) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS WEBSITE OR (4) FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.
ADVOCACY AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Intellectual Property. This Website is the property of Advocacy and is protected by applicable intellectual property laws. Advocacy retains all title, ownership rights, and intellectual property rights in and to this Website and the information contained therein. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through this Website.
(a) Copyrights. All of the content of this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is and shall remain the property of Advocacy, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. Except as granted in the limited license provided herein, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Advocacy in each instance. You shall not change or delete any copyright or other ownership notices from materials reproduced from our Website.
(b) Service Marks and Trademarks. All service marks, trademarks, trade names trade dress, and brand names of Advocacy, whether registered or unregistered, including without limitation Advocacy, the Advocacy logo, all page headers, and custom graphics, are the property of Advocacy, are protected by U.S. and international law, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Advocacy. All other trademarks, registered trademarks, product names and company names or logos are the protected property of their respective owners.
(c) Infringement Notification Policy. If you believe that any material appearing on this Website constitutes copyright or trademark infringement, you need to send a written notice to our designated agent at Attn: Legal Department, Advocacy Trust, LLC, 605 Chestnut Street, Suite 340, Chattanooga, TN 37450. In your written notice, you will need to include:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted works or marks at a single online website are covered by a single notification, a representative list of such works or marks at that website.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g., a URL).
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or mark owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(d) Your Comments and Feedback. You may not upload or transmit any communications or content of any type that infringe or violate any rights of any party. We welcome your comments and feedback. All communications and comments submitted to or through this Website, including e-mail communications you send through this Website, are non-confidential. Advocacy reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications you submit through our Website without any obligation to you. You hereby assign to us all ideas, concepts, comments, techniques, visuals, suggestions or communications that you submit through the Website ("Submitted Content"), and all such Submitted Content shall be and remain the property of Advocacy. You should not send us any comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as service ideas, inventions, or computer code.
(a) Governing Law and Jurisdiction. Advocacy controls this Website from its offices within the State of Tennessee. Advocacy does not agree, represent or warrant that the materials or content on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. This Agreement (as defined below) shall be governed by, construed and enforced in accordance with the internal laws of the State of Tennessee without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Tennessee. You hereby consent to personal jurisdiction over you by the courts within Tennessee and waive all objection and challenge to such venue and personal jurisdiction.
(c) Compliance with Laws. You will comply with all applicable laws, rules and regulations in connection with your use of our Website and will not engage in any act that has an adverse impact on the performance or availability of our Website.
(d) No Contract. The use of this Website, your subscription to our mailing address, and your submission of information through this Website does not obligate or commit Advocacy or any of affiliates to provide consulting services or advice to you or to offer or enter into an insurance contract with you.
(e) Assignment. Advocacy may assign or transfer its rights and duties under these Terms and of Use to any party at any time without notice to you and/or your approval.
(f) Questions Regarding this Website. Questions or comments regarding this Website should be directed to Advocacy by e-mail at email@example.com or by telephone at 855-879-3436).
(h) Website Disclaimer. Your use of this Website is subject to the Advocacy Website Disclaimer (the "Website Disclaimer"), available through this link.
(j) Severability and Waiver. If any provision of this Agreement shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties’ fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered as a waiver or relinquishment for the future of any such term or condition or of any other term or condition.
8. Communications. Advocacy primarily uses email to communicate with its Website customers. All receipts, follow-up messages, confirmation notices, welcome messages and the like are delivered through electronic communications. Advocacy may periodically communicate service and other suitable updates with its customers via email.
9. Investments of Available Cash (FDIC Insured Money Market Account). As a service to our customers, we invest available cash awaiting investment or distribution held in certain trust accounts in FDIC insured money market bank accounts. These accounts are selected by Advocacy Trust. In exchange for providing master account services to the depository institution for balances held in FDlC insured money market bank accounts, Advocacy Trust will receive an interest concession from the depository institution. This interest concession is forty percent (40%) of the total interest payment, but at no time will the amount received by Advocacy Trust exceed fifty-one-hundredths of one percent (0.50 of 1% = 0.005) per annum of the net assets invested.
Account owners can contact their administrator, trust officer, or refer to their account statement in order to determine the specific manner, and in the case of bank deposits, the specific banks in which cash balances are invested. In determining the maximum FDIC insurance available for bank deposits, balances held on your behalf under this arrangement may be aggregated with other deposit accounts (if any) in which you hold in the same ownership capacity in the bank or banks in which your cash balances with Advocacy are deposited. Therefore, you should consider such limitations on FDIC insurance in determining the amount of available cash to be deposited in such banks as any amount in excess of the limitations may not have the benefit of full FDIC insurance coverage in the event such bank becomes insolvent or it encounters other financial difficulty. Account owners or their investment advisors who have authority to trade on the account are permitted to direct investment balances in their accounts into other short-term investments.
10. Affiliate Relationships. Forge Consulting, LLC (“Forge”) is a national insurance agency. Forge analyzes, but does not provide investment, legal or tax advice. Advocacy Wealth, LLC (“Advocacy Wealth”), a Registered Investment Adviser, offers financial planning. Advocacy Trust LLC (“Advocacy Trust”) offers fiduciary services. Forge is the parent company of both Advocacy Trust and Advocacy Wealth.
Forge owns 100% of Advocacy Wealth. Advocacy Wealth owns 100% of the non-diluted common shares of Advocacy, Inc. which owns 100% of Advocacy Trust.
Advocacy Trust does not share in any revenue generated by its affiliates, Forge and Advocacy Wealth. Forge, however, does gain financial benefit when a client chooses to work with Advocacy Wealth because of the distributions of profits that are earned by Advocacy Wealth and passed on to it as its parent company. Further, Forge benefits when a client chooses to work with Advocacy Trust by the dividends that are paid to Advocacy Wealth by Advocacy Trust through its holding company Advocacy, Inc. and then passed on to it as the parent company of both Advocacy Wealth and Advocacy Trust.
Justin Boller, AWM’s Chief Investment Officer, will assume an additional role as co-portfolio manager on the Liquid Strategies’ team to ensure the consistent application of the laddered bond approach within the fund. Due to Mr. Boller’s increased responsibilities, he will be eligible to receive compensation from Liquid Strategies for his work.
AWM will not share with Liquid Strategies in any revenue generated by the allocation of AWM-advised accounts to the LS Theta Fund. AWM will share, however, in revenue on assets invested in the new strategy going forward by investors who do not have accounts managed by AWM. This form of revenue sharing recognizes AWM’s role in creating this investment strategy and for bringing sufficient assets to the Theta Fund through AWM’s discretionary investment powers to create a critical mass that should stimulate further growth in the Fund.
Under AWM’s Revenue Share Agreement with LS, AWM committed to allocate at least $300 million of its clients’ assets to be managed by Liquid Strategies LLC (“LS”) under its LS Theta Strategy, and thereby will be entitled to receive a portion of certain fees earned by LS not related to the funds that AWM allocates to the fund. This arrangement creates a conflict of interest, as AWM is incentivized to allocate its clients’ assets to LS so that AWM is eligible to receive a portion of LS’s fees earned on non-AWM managed assets, even if other investment opportunities are more appropriate or suitable for AWM’s clients. AWM addresses this conflict of interest by allocating all of its clients’ assets in accordance with the investment objectives of each client and does not allocate any given client’s assets to LS if the LS Theta Strategy does not meet the client’s investment objectives.
Under AWM’s Referral and Client Solicitation Agreement with LS, AWM is entitled to receive a portion of the fees earned by LS on non-AWM managed assets. This arrangement creates a conflict of interest, as AWM is incentivized to refer potential clients to LS, even if those potential clients would be better served by another investment manager. AWM addresses this conflict by solely referring potential clients to LS that AWM believes the investment management services provided by LS are in the best interest of the client. Further, the clients discussed in this section would qualify as sophisticated investors who have the resources to make their own judgments.
Under AWM’s Referral and Client Solicitation Agreement with LS, AWM personnel are incentivized to devote time and attention to identifying and referring potential clients to LS for separately (non-AWM) managed accounts. This creates a conflict of interest, as AWM personnel will devote time and attention to soliciting potential clients for LS that otherwise could be spent providing investment advisory services to AWM’s existing clients. AWM addresses this conflict by devoting such time and attention to its existing clients as it deems necessary and appropriate to achieve each client’s investment objectives. AWM dedicates a service group of associated persons whose sole responsibility is to service existing clients. This service group is made up of Investment Adviser Representatives, some of whom are CERTIFIED FINANCIAL PLANNERS™ and/or Registered Settlement Planners, and experienced administrative personnel. This service group will not be soliciting potential clients for LS.
Under AWM’s Secondment Agreement with LS, AWM agreed to allow its Chief Investment Officer (“CIO”) to be dually employed as a co-investment officer of a mutual fund (the “LS Mutual Fund”) that is managed by Liquid Strategies LLC (“LS”). The CIO will be compensated by LS in return for the performance of these services. This arrangement creates a conflict of interest for the CIO, and consequently AWM, as the CIO may be incentivized to devote time and attention to managing the LS Mutual Fund that could otherwise be spent advising existing AWM clients. Further, AWM is incentivized to permit the CIO to serve as co-investment officer of the Mutual Fund due to a revenue sharing arrangement and client referral arrangement between AWM and LS – under these arrangements, AWM will be compensated by LS based on fees earned by LS from clients referred to LS by AWM, as well as certain other LS revenues. This creates a conflict of interest for AWM. AWM addresses this conflict by limiting the responsibilities and activities of the CIO. The CIO creates and manages investment models. The CIO does not choose the model for the client. The client and/or the client’s Investment Adviser Representative choose the model. The CIO does not advise individual clients: that is the responsibility of the Investment Advisor Representative. AWM spent considerable time and due diligence searching for a solution that allows its clients of all account sizes greater than $1000 to own a broadly diversified investment grade bond fund of defined duration with a hold to maturity strategy for each individual issue. LS saves the CIO, in his AWM role, a great deal of time otherwise spent managing individual bond portfolios by collectivizing those holdings into one pool. Since AWM is already compensated by the client for money management, AWM will not be paid further by LS for those clients. However, because AWM has and will continue to invest intellectual and marketing capital in LS, LS is sharing revenue on clients for whom AWM does not already collect a fee. AWM further addresses this conflict by adhering to the fiduciary standard of acting in the client’s best interests with prudence and transparency.
Under AWM’s Secondment Agreement with LS, which employs AWM’s CIO, the CIO will be compensated for serving as a co-investment officer of the Theta Mutual Fund (“Mutual Fund”). This may incentivize the CIO to allocate AWM client assets to the Mutual Fund even if other investment opportunities are more appropriate or suitable for AWM’s clients. AWM and the CIO address this conflict of interest by allocating all of AWM’s clients’ assets in accordance with the investment objectives of each client, do not allocate any given client’s assets to the Mutual Fund if the Mutual Fund does not meet the client’s investment objectives, and adhere to the fiduciary standard to act in the client’s best interests. Any and all allocations within investment model portfolios must be approved by the members of the AWM Investment Committee, of which the CIO is one of five members, all of whom have equal voting power.
BY ACCESSING THIS WEBSITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT ADVOCACY MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.
YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY. ADVOCACY COULD NOT PROVIDE ITS PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING “BUT FOR” YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
Effective Date: March 10, 2017
Last Revised: July 21, 2017
Forge Consulting is a national insurance agency. We analyze but do not provide investment, legal or tax advice. Advocacy Wealth, a Registered Investment Adviser, offers financial planning. Advocacy Trust offers fiduciary services. Forge is the parent company of both Advocacy subsidiaries.
Securities and Insurance Products are NOT insured by the FDIC, nor by any other Federal or State Government Agency, are NOT a Deposit of and are NOT Guaranteed by a Bank or any Bank Affiliate, and MAY lose value.
The sword and shield are registered trademarks of Forge Consulting LLC.