Legal
USE OF WEBSITE CONTENT AND MATERIALS
These Terms of Service (“Terms” or “Terms of Service”) are applicable to O’Brien Wealth Management LLC’s (“O’Brien”) website (the “Website”). The content and information printed on the Website, including, without limitation, page headers, text, software, photos, audio and video clips, graphics, illustrations, images, drawings, product and service listings, descriptions, pricing information, logos, music and sound and the materials available on the Website for download (all, collectively, the “Website Content”) are for informational, personal, and noncommercial purposes only. Do not use any of the Website Content as a basis for making any investment decisions. All investment decisions should be made with the direct advice and counseling of a properly credentialed investment advisor.
RESTRICTIONS ON USE
Unless otherwise specified, Website Content cannot be copied, modified, reproduced, broadcasted, paraphrased, or distributed in any way. All such content and information is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights and licenses held by O’Brien. All Website Content is to be used by you for private, noncommercial use only. You may not remove the name or logo of O’Brien from any of the materials, unless written permission is granted by O’Brien. You will also not restrict any other user from using or enjoying the Website or take any action to harm or disrupt the operations of this Website or to intercept any system, data or personal information from the Website, or to circumvent the security systems of this Website.
DISCLAIMERS
This Website is provided on an “As Is” and “As Available” basis. As such, your use of this Website is at your sole risk. Although O’Brien tries to provide timely and accurate information on its Website, the Website Content may have inaccuracies or typographical errors for which O’Brien is not and shall not be held liable. O’Brien undertakes no duty to update any information found on its Website, and thus information may be out of date.
O’Brien does not and cannot guarantee uninterrupted, continuous, and secure access to its Website. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time and for any reason. We also reserve the right to temporarily suspend or permanently terminate any service, tool or feature contained in this Website at any time and for any reason.
Due to the fact that this Website is published on the Internet’s World Wide Web, our Website may be accessed by parties from anywhere in the world. O’Brien is an SEC-registered investment adviser. We limit our solicitation of investment advisory clients to those clients located in the specific states where O’Brien is registered. As the list of relevant states may change from time to time, as part of our screening process, we will determine if any potential client is located in a state where we are lawfully able to provide services before accepting that person as a client. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with such laws.
The financial advice that you may otherwise receive from O’Brien does not include formal tax or legal advice unless entered into under a separate contract. Consult with your credentialed tax advisor or attorney regarding those issues.
We are not FDIC insured. No Bank, State, or Federal Guarantee or insurance of funds is provided. O’Brien cannot guarantee any specific future financial results or provide any warranty against financial loss. Diversification does not eliminate the risk of market loss and a long-term investment approach cannot guarantee a profit.
Investments in securities are not insured, protected or guaranteed and may result in loss of income and/or principal.
Registration with the SEC should not be construed as an endorsement or an indicator of investment skill, acumen or experience.
The Website is limited to the dissemination of general information pertaining to O’Brien’s services. The publication of the Website on the internet should not be construed as O’Brien’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment or financial planning advice for compensation. O’Brien does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Website or incorporated herein, and takes no responsibility therefore. All such information is provided solely for convenience purposes only.
In general, investment in foreign issuer securities entails additional risks such as limited transparency and accounting overview, varying frequency, availability and quality of financial information, limited enforcement opportunities by US regulators, and limited shareholder rights and/or remedies.
Industry recognitions or awards should not be construed as an endorsement or a recommendation to retain an investment adviser by the ranking entity or any regulatory authority. Any rankings or awards cited were provided by independent third-parties based on their predetermined evaluation criteria. O’Brien neither provided any financial remuneration to these third-parties nor exercised any influence or control over the criteria used or the results generated, other than providing or making available, directly or indirectly, objective numerical data that could have been used by third-party as input variables.
FORWARD-LOOKING INFORMATION
This website may include opinions and forward-looking statements. All statements other than statements of historical fact are opinions and/or forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although we believe that the beliefs and expectations reflected in such forward-looking statements are reasonable, we can give no assurance that such beliefs and expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements. All expressions of opinion are subject to change. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made.
NO INVESTMENT ADVICE
O’Brien does not provide any investment advice on this Website. Materials and information published or available via this Website are for noncommercial, general informational purposes only. The provision of investment advisory services by O’Brien will only be made pursuant to a written advisory agreement. O’Brien expressly disclaims any liability or responsibility for any losses incurred by any individual pursuant to any action taken based on the information contained herein. Past performance may not be indicative of future results. No current or prospective client should assume that any specific investment or investment strategy that this Website refers to, directly or indirectly, or even via a link to any unaffiliated third-party website, will be profitable or equal to corresponding indicated performance levels. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be suitable for a particular client’s investment portfolio.
Unless stated otherwise, any mention of specific securities or investments is for illustrative purposes only. Adviser’s clients may or may not hold the securities discussed in their portfolios. Adviser makes no representations that any of the securities discussed have been or will be profitable.
Certain portions of the Website (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, holdings or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current holdings or recommendations. Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from O’Brien, or any other investment professional.
Investment process, strategies, philosophies, portfolio composition and allocations, security selection criteria and other parameters are current as of the date indicated and are subject to change without prior notice.
Market or market segment performance is stated for illustrative purposes only and does not reflect performance of actual client accounts. Client performance is affected by advisory fees and transaction costs.
Certain ESG‐based investments are made through third‐party managers and their respective strategies. O’Brien does not manage the third‐party strategies and does not have any control over the underlying investments chosen by the third‐party managers. O’Brien, based on reasonable due diligence and representations, relies on the screening processes of third‐party managers. Third‐party party ESG ranking and screening processes vary based on specific factors utilized and should not be construed as perfectly aligning with any specific ESG or SRI philosophy or mandate.
Although there are broadly accepted principles of ESG investing, there is no agreed-upon definition of the term or specific criteria that constitute such investing. Consequently, each manager may have its own ESG philosophy and screening factors that may or may not completely align with a client’s set of values or beliefs. There are potential limitations associated with allocating a portion or entirety of an investment portfolio in ESG securities. The number of these securities may be limited when compared to those that do not maintain such a mandate. ESG securities could underperform broad market indices. Investors must accept these limitations, including potential for underperformance. As with any type of investment (including any investment and/or investment strategies recommended and/or undertaken by Adviser) there can be no assurance that investment in ESG securities or funds will be profitable, or prove successful.
ESG and traditional market benchmarks are shown for comparative purposes. Clients cannot invest directly into and index. Clients should be aware that the referenced benchmark funds may have a different security composition, volatility, risk, investment objective and philosophy, diversification, and/or other investment-related factors that may affect the benchmark funds’ ultimate performance results. Additionally, referenced indices may not include fees, transaction costs or reinvestment of income. Therefore, a client’s portfolio and individual results may vary significantly from the benchmark’s performance depending on specified investment objectives, restrictions, as well as economic and market conditions.
Adviser is not licensed to provide and does not provide legal, tax or accounting advice to clients. Advice of qualified counsel or accountant should be sought to address any specific situation requiring assistance from such licensed individuals.
AUTOMATIC VIEWING OR USAGE OF THIS WEBSITE
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Website. You may not engage in denial of service attacks upon the servers that publish this Website. Furthermore, you may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. O’Brien reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time and for any reason without notice. Termination of your access or use will not waive or affect any other right or relief to which O’Brien may be entitled at law or in equity.
TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
O’Brien’s trademarks, trade dress, logos, service marks, slogans, copyrights, and other identifiers and intellectual property are the sole property of O’Brien. Trademarks and related intellectual property items are protected by U.S. and foreign trademark laws and statutes. Furthermore, the Website Content contains copyrighted and copyrightable material. As such, this Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. In addition to the other restrictions on use set forth elsewhere in these Terms of Service, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Website Content, in whole or in part. Downloading or copying Website Content is expressly prohibited except as provided herein. You may not download or copy any of the product or services listings, descriptions, or prices except as otherwise permitted herein, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrightable or copyrighted material from the Website or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. Permission is granted to download, print and store selected portions of the Website Content, provided you (1) only use these copies of the Website Content for your own personal, non-commercial use, solely for the limited purposes allowed hereunder and for no other purpose whatsoever, (2) do not copy or post the Website Content on any network computer or broadcast or otherwise publish the Website Content in print, electronic or any other media or format, (3) do not use the Website Content for presentations, correspondence or any other communications which are not directly related to your personal, non-commercial use, and (4) do not modify or alter the Website Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. O’Brien reserves complete title and full intellectual property rights in all Website Content. Any other use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of O’Brien, is strictly prohibited.
You shall be solely responsible and liable for any and all damages resulting from any infringement of O’Brien’s trademarks, Website Content or any other proprietary rights, and for any other harm resulting from any uploading, posting or submission of our Website Content to another website. O’Brien reserves all of its available rights and remedies at law and in equity.
WARRANTY DISCLAIMERS
By using this Website, you agree that any tool or service provided online via this Website is on an “as is” and “as available” basis. O’Brien disclaims all warranties regarding the functionalities of the Website that are either implied or expressed, including but not limited to the warranties of accountability, merchantability, title, security, non-infringement, and fitness for a particular purpose. Some states may disallow such Warranty Disclaimers, so the Warranty Disclaimer may not apply to you.
Without limiting the foregoing, WITH RESPECT TO YOUR USE OF THIS WEBSITE, O’BRIEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS IN THIS WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM O’BRIEN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, O’BRIEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, O’BRIEN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT O’BRIEN SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.
O’Brien makes no guarantee regarding the accuracy and reliability of any opinion made through this Website by any party other than O’Brien, as well as the accuracy and reliability of any content, products, tools, or services provided by linked sites.
No content provided on the Website will create an oral or written warranty, whether obtained from O’Brien or a third-party, which is not specifically stated in these Terms of Service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless O’Brien and its officers, managers, members, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Service. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. O’Brien reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with O’Brien in the defense of such matter.
FORCE MAJEURE
O’Brien shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power or equipment needed. We are not responsible for server downtime under any circumstances.
NOTIFICATION OF CLAIMED INFRINGEMENT
If an infringement has occurred, a copyright holder or other holder of intellectual property rights may send a written notification of claimed infringement to us via this address: [email protected] and tell us about the infringement.
(ii) Identification of the trademark or copyrighted work claimed to have been infringed, or, if multiple trademark or copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Information and documentation evidencing the claimant’s ownership of rights in the trademark or copyrighted work that are allegedly infringed.
(iv) 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.
(v) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(vi) 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 owner, its agent, or the law.
(vii) 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.
INDIVIDUAL PROVISIONS
If any provision of these Terms is found unenforceable, unlawful, or void, the remaining provisions will be unaffected and will continue to be deemed valid and enforceable.
INTERNATIONAL USE
When accessing the Website, you agree to comply with local rules, as well as the rules, laws, codes, and regulations of the country in which you reside and the country from which you access this website. You also agree to comply with the rules, laws, codes, and regulations about the transmission of information that is exported from the U.S. and any other relevant U.S and state laws, regulations, and restrictions.
TERMINATION UPON VIOLATION OF TERMS
If you violate any of these Terms of Service, O’Brien reserves the right to immediately terminate any rights granted to you and/or your access to the Website without notice or liability. Termination of your access or use will not waive or affect any other right or relief to which O’Brien may be entitled to at law or in equity.
CHANGES TO TERMS OF SERVICE
O’Brien reserves the right to alter, add, or delete any part of its Website and Terms of Service at any time without prior notification. Users will be bound by the new Terms of Service effective upon publication of the modified version of the Terms of Service on our Website. We therefore advise you to review the Terms of Service each time you use any tool or service on the Website. If you disagree with the modified version of the Terms of Service, you must immediately discontinue your usage of any tool or service published on the Website. Your continued use of this Website after we have published a modified version of our Terms of Service on the Website is your express indication that you accept each and every term and condition of the modified version of our Terms of Service and that you agree to be bound by such Terms of Service.
E-MAIL COMMUNICATIONS
When you send us an e-mail to inquire about our products and services, we collect your name and e-mail address and use this to reply to your inquiry. When you subscribe to our on-line services which we may make available, including, without limitation, our content and tools, we also collect your name and e-mail address, as well as other personal information. We use the email address you provide us so that we can send you e-mail communications about various matters such as information about new products and services and notifications and updates about existing products and services. By enrolling in any of our on-line services, you agree that we can send you such email communications. You can unsubscribe from one or more of our e-mail communications at any time by clicking the unsubscribe link at the bottom of any e-mail communication that you receive from us. To see what personal information we collect when you sign up for any of our on-line services, and how we use, share, store and protect that information, see our Privacy Policy published on this Website.
DISPUTE RESOLUTION
These Terms of Service, including all Disclaimers, and your use of the Website, are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration, before J.A.M.S./ENDISPUTE or its successor (“JAMS”), pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”) and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties, and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes against or otherwise involving O’Brien regarding the content presented on the Website must be resolved through arbitration as set forth in this section.
SOCIAL MEDIA DISCLAIMERS
O’Brien’s social media sites, including LinkedIn, Twitter and Facebook, may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although we believe that the expectations reflected in such forward-looking statements are reasonable, we can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.
Nothing in these or other social media sites that O’Brien uses should be construed to imply that services comparable to those offered by O’Brien cannot be found elsewhere.
These social media sites are intended to provide general information only and should not be construed as an offer of specifically tailored individualized advice.
Due to the dynamic and multi-directional nature of social media sites, O’Brien has no editorial control over any third-party commentary or content and does not accept responsibility thereof.
O’Brien does not solicit and is unable to accept any endorsements, recommendations or testimonials regarding client experiences with the firm or its employees.
O’Brien retains the right to remove, to the extent possible, any content it deems inaccurate, inappropriate or violation of applicable laws and/or regulations.
These Terms shall be applicable to all social media sites that O’Brien may use to provide content about its business.
Last Updated: October 23, 2023