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WEBSITE TERMS OF USE

Welcome to the website of Waverly Advisors, LLC. These terms of use of website (“Terms”) are a binding agreement between you and Waverly Advisors, LLC (“Waverly”), on its own behalf and, where so stated in this document, also on behalf of any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, and govern your use of Waverly’s website located at https://waverly-advisors.com/ or any successor websites (the “Site”) including, without limitation, the services, software, information, text, images, and other content offered through the Site (collectively, the “Content”).

By accessing the site, you are stating that you have read and understand, and agree to be bound by, the following terms and legal information pertaining to the site (whether or not you confirm your agreement). Access to the site is offered to you conditioned on your acceptance of these terms. If you do not agree to these terms, you are not permitted to use the site.

 

  1. Additional Agreements and Terms. These Terms are in addition to any other agreements between you and Waverly, including, without limitation, any written investment advisory agreement, financial planning or consulting agreement, or other related agreements. Further, some portions of the Site and certain Content may be subject to additional policies, terms, conditions, disclaimers, and notices, which will be described separately on the applicable Site pages or on the applicable Content. To the extent that any such agreement or additional terms conflict with these Terms, the provisions of such agreement or such additional terms shall control with respect to their subject matter.

 

  1. Privacy Policy. You agree that Waverly may use any information it obtains about you in accordance with the provisions of Waverly’s Privacy Policy, which may be found at https://waverly-advisors.com/privacy-policy or any successor websites (collectively the “Privacy Policy”). These Terms incorporate by reference the terms and conditions of the Privacy Policy.

 

  1. U.S. Access Only. The Site is intended solely for, and directed solely to, residents of the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law”). For example, you agree to comply with all export and re- export laws. Waverly may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. The Site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links.

 

  1. Informational Purposes Only. The Content of the Site is for informational purposes only. Nothing on the Site is an offer or solicitation to buy or sell, or a recommendation for, any security or any other product or service, and Waverly is not soliciting any action based on the Site. Nothing on the Site is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. Nothing on the Site should be construed as, or constitutes, a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

 

  1. Materials to be Reviewed in their Entirety. All materials on the Site are meant to be reviewed in their entirety, including, without limitation, any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or notices apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult, print or download.

 

  1. Accuracy not Assured. Waverly is unable to assure the accuracy of the data you access through the Site. The Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Waverly has no duty to update the Site or any Content. neither Waverly, nor any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, shall be liable to you or any third party, and you hereby expressly release Waverly, and any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, from any claims, from any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented in or through the site.

 

  1. Ownership of the Site and Content; DBAs.

7.1 The Site and all Content is and shall remain the exclusive property of Waverly and its licensors, as the case may be. The Site and the Content are protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. In addition, the names and logos “Waverly Advisors”, “Waverly”, “WA”, “McShane Partners”, as well as certain other of the names, (including any assumed name or dba), logos, and materials displayed in or through the Site, constitute trademarks (registered or unregistered), trade names, service marks or logos of Waverly or an affiliate of Waverly, licensees of Waverly or an affiliate of Waverly. Ownership of such trademarks (registered or unregistered), trade names, service marks and logos and the goodwill associated with them remains with Waverly or an affiliate of Waverly or those other entities. You are not authorized to use the Site, the Content, or the marks, names or logos other than as expressly provided in these Terms. You must abide by all rights notices, information or restrictions contained in or attached to the Site or the Content and must not remove any trademark, copyright or other notice from the Site or any of the Content.

7.2 Third Party Trademarks and Links to Third Party Sites. All trademarks displayed on the Site or the Content, other than those owned by Waverly or any affiliate of Waverly, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those organizations. In addition, such display or use of such trademarks or the existence on the Site of links to the web sites of third-party organizations is not intended to imply, directly or indirectly, that those organizations endorse or have any affiliation with Waverly, or vice versa.

7.3 Waverly Advisors, LLC has registered the “McShane Partners” as a trade/assumed name and uses such name as an ADBA (also doing business as) in connection with the investment advisory services of some of its investment adviser representatives based in North Carolina. The services provided under the McShane Partners trade/assumed name are not provided by a partnership or a company separate from Waverly Advisors, LLC. All investment advisory services provided under the McShane Partners trade name by investment adviser representatives of Waverly Advisors, LLC, acting on behalf of Waverly Advisors, LLC, are investment advisory services of Waverly Advisors, LLC.

 

  1. Use Restrictions.

8.1 The Site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Site or any Content or interfere or attempt to interfere in any manner with the functionality or proper working of the Site, and (except to the extent this restriction is prohibited by applicable law) you may not decompile or reverse engineer the Site. You agree not to use the Site or the Content: (a) in violation of these Terms or any Law (including, without limitation, by posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including, without limitation, U.S. export control laws and regulations, or posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act); (b) for any commercial purpose (including, without limitation, that securities brokers, dealers or investment bankers may not use any research reports obtained from or through the Site for any purpose related to their businesses); (c) in any manner that would interfere with any other party’s use of the Site; (d) in connection with, or to transmit, any adware, malware, spyware, software viruses, or any other harmful code; (e) to interfere with or disrupt the Site or servers or any networks used by us; (f) to collect personal data about other users without their express written consent; (g) to impersonate any person or entity or misrepresent your affiliation with a person or entity; (h) to transmit any material that is abusive, harassing, tortious, defamatory, obscene, sexually explicit, invasive of another’s privacy, hateful, or otherwise objectionable or that promotes violence or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or (i) using the Site in any way to commit fraud or engage in other misleading or deceptive activities. You may not link to the Site without the express written permission from an authorized officer of Waverly.

8.2 Access to and use of password-protected and/or secure areas of the Site are restricted to authorized users only. You may not violate the security of all or any portion of the Site, including, without limitation, obtaining or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Waverly for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

8.3 Data Transmission. You acknowledge that data, including, without limitation, e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and us, financial market information services, financial publishers, various securities markets including, without limitation, stock exchanges and their affiliates, investment bankers and other providers or any other third party transmitting financial market data, quotes, news, research and opinions (including, without limitation, Research Reports, as defined below) or other financial information, using the internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by us. You agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Waverly and follow Waverly’s log-on procedures for Electronic Services that support such protocols. You acknowledge that Waverly is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the internet.

 

  1. Third Party Resources. Portions of the Site may allow you to access and/or use information, content, products, services, tools, websites, and other resources provided by third parties (collectively “Third Party Resources”). The Third-Party Resources may be available directly on the Site or may be accessible through a link on the Site. Waverly provides access to Third Party Resources for your convenience, but Waverly is not associated with any third-party resources. Neither Waverly, nor any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, have any responsibility for, make any representations regarding, and assume any liability for any third-party resources, any websites containing any third-party resources, any provider of any third-party resources or any advice or views expressed through any third-party resources. Neither Waverly, nor any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, approve or endorse any websites containing any third-party resources, any provider of any third-party resources or any advice or views expressed through any third-party resources. None of Waverly, nor any of its officers (direct or indirect), managers, employees, service providers, agents or affiliates, have control over any aspect of the Third-Party Resources, any modification, suspension, or termination of Third-Party Resources, or the use of any information shared with any Third Party Resource. You use or rely on Third Party Resources at your own risk. Your use of Third-Party Resources is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third-Party Resources. Your use of certain services provided by Third Party Resources may require your agreement to certain additional terms and conditions provided by the applicable Third-Party Resources. These additional terms and conditions may be made available to you when, and if, you access the third-party services. Third party licenses, terms, and policies may change from time to time and your use of the Third-Party Resources provided by these third parties will be governed by the licenses, terms, and policies applicable to such Third-Party Resources that are in effect at the time of you use.

 

  1. Cookies
    Waverly’s web servers collect domain names and/or IP addresses of users to measure what pages and features are accessed by Waverly’s visitors. This information helps Waverly administer the Site, improve content, and gather broad demographic information for aggregate use.Waverly also uses “cookies” or similar files or scripts throughout its Site to enhance your convenience in using the Site, to improve search functionality, or to hold information that you would otherwise need to re-key. “Cookies” are text files collected by a user’s web browser. If you do not wish to accept “cookies” from the Site, you may configure your web browser so that it does not accept “cookies;” however, you may lose certain functions available on the website.

10.1 Cookie Policy
Waverly uses “cookies” and other online tracking technologies, such as pixels, tags, or web beacons (collectively referred to in this policy as “cookies”) to allow the Site to store and retrieve information about visitors’ online activity.

Cookies can be categorized by who places them:

  • First-party cookies: Cookies downloaded to an individual’s computer from a server or domain managed by the publisher of the website whose service the individual is requesting.
  • Third-party cookies: Cookies downloaded to a computer from a server or domain that is not managed by the publisher, but by another entity that may be seeking data obtained through cookies.

Cookies can also be categorized by their duration:

  • Session cookies: Cookies designed to collect and store data while the individual accesses a web page. They are often used to store information for the duration of a visit to the site (e.g., what account you are logged into). Once an individual leaves the website, the session cookie is deleted.
  • Persistent cookies: Cookies storing data on a computer for the duration of the period set within the cookie’s file, which is determined by the entity controlling the cookie, and can range from a few minutes to several years, or until manually deleted.

Lastly, cookies can be categorized by the function they serve. Waverly uses the following types of first- and third- party cookies:

  • Functionality cookies: Cookies that allow the website to remember choices you make (such as your geographic region or preferred text size). Functionality cookies do not collect any personal information. Enabling functionality cookies may be necessary to access the full content of website material.
  • Personalization cookies: Cookies that allow a website to remember information that changes the page’s appearance or behavior, such as, for example, the language selected for viewing the page.
  • Analytics cookies: Cookies that collect pseudonymized information to analyze how individuals browse a website and enable Waverly to measure the number of visitors to its websites, as well as to measure and analyze how individuals interact with the site. Waverly uses this information to improve the Site and the products or services offered.
  • Behavioral advertising cookies: Waverly serves advertisements on various websites using third-party companies. If an individual visits a website or clicks on one of Waverly’s advertisements, behavioral cookies will be placed on the individual’s computer. Behavioral cookies allow Waverly to manage and optimize its digital marketing (e.g., banner ads, pages offering informational brochures, email campaigns, etc.). Behavioral cookies may be used to build a profile to provide content more relevant to an individual’s interests. They adapt advertising and the content the individual sees on other websites based on browsing habits, including, without limitation, how the individual navigates websites, as well as how the individual interacts with internet advertising.

10.2 Your Consent
By continuing to use the Site, you consent to Waverly’s use of cookies in order to analyze the way you use the Site. Please read this Cookie Policy carefully for more details about the information Waverly collects when you use the Site. If you do not wish to accept cookies in connection with your use of this Site, you must stop using the Site or withdraw your consent as stipulated below.

10.3 Withdraw Your Consent
You may withdraw your consent at any time by adjusting your internet browser settings to delete all cookies. If you do this, however, you may have to manually adjust some of your internet browser preferences every time you visit the Site, and some services and functionalities may not work.

10.4 How to Manage Cookies
Cookies help you to get the most out of the websites that make use of this technology. Disabling cookies may affect the functionality of many of the websites you visit. If you do disable cookies, performance and functionality will be affected.

If you wish to delete, disable, or re-enable cookies, you may do so through your browser as follows:

10.5 Do Not Track Policy
The Site responds to “do not track” signals setting from users’ web browsers.

 

  1. Children
    The Site is not directed to children under the age of 18 years. By using the Site, you represent and warrant that you are at least 18 years old.
    Waverly respects the privacy of children and do not knowingly collect or retain personally identifiable information or nonpublic information from children under the age of 18 through the Site. However, Waverly may process nonpublic information, on a child’s behalf, with permission from the parent or guardian.
    To the extent Waverly has unintentionally collected any nonpublic information on the Site from a person under the age of 18 years old, you may request and obtain removal of this nonpublic information. To make such a request, please send an email with a detailed description of the specific content or information to the e-mail address below.
    Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

 

  1. No Warranty or Reliance.

12.1 in general. The site is provided “as is” and “as available”, without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, neither Waverly, nor any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, warrant the accuracy, adequacy, completeness, usefulness, reliability, timeliness, or availability of, or results that may be obtained from the use of, the site, any information or other content on the site, or any third party resources, and expressly disclaim liability for errors or omissions in the site, the content, and any third party resources. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, and no other representation or warranty of any kind, implied, express, or statutory, in conjunction with the site, the content, or any third-party resources. Neither Waverly, nor any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, assume any responsibility for, and make any warranties that, the site, the content, or any third party resources will be uninterrupted, secure, or error-free, that defects will be corrected, or that the site, the content, or any third party resources will be free of viruses or other harmful components. Waverly, on its own behalf and on behalf of any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, disclaims all equitable indemnities.

12.2 financial market information. The site may make available certain financial market data, quotes, news, research, reports and opinions or other financial information that has been independently obtained by certain financial market information services, financial publishers, various securities markets including, without limitation, stock exchanges and their affiliates, investment bankers and other providers or has been obtained by Waverly. Without limiting the generality of section 12.1, none of Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, guarantee or certify the accuracy, completeness, timeliness or correct sequencing of any such information. All such information is provided “as-is” and “as-available.” You agree that none of Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of any such information, or for any decision made or action taken by you relying upon any such information. None of such information available through this site constitutes a recommendation or solicitation that you should purchase or sell any particular security or use the services of any third-party service provider.

12.3 research reports. The site may make available analyst research and opinions (“research reports”) that may be prepared by various third-party investment bankers or other entities providing analysis, research and opinions (“third party research providers”). None of Waverly, or any of its officers (direct or indirect), managers, employees, service providers, agents or affiliates, endorse or approve research reports prepared by third party research providers and only make such research reports available to you as a service and convenience. Without limiting the generality of section 12.1, none of Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the research reports, or (2) warrant any results from your use of the research reports. The research reports have been prepared as of the date indicated and may become unreliable for various reasons including, without limitation, changes in market or economic circumstances. All such research reports are provided on an “as-is” and “as-available” basis. None of Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, are obligated to update any information or opinions contained in any research report or to continue to offer information or research reports regarding any company or security. You acknowledge that recommendations in the research reports to buy, sell, hold, or otherwise consider particular securities are not, and should not be construed as, recommendations or advice to you designed to meet your particular objectives or financial situation.

12.4 rankings and/or recognition. Neither rankings and/or recognition by unaffiliated rating services, publications, media, or other organizations, nor the achievement of any professional designation, certification, degree, or license, membership in an professional organization, or any amount of prior experience or success, shall be construed you as a guarantee that you will experience a certain level of results if Waverly is engaged, or continues to be engaged, to provide investment advisory services. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Rankings are generally limited to participating advisers (see participation criteria/methodology). Unless expressly indicated to the contrary, Waverly did not pay a fee to be included on any such ranking. No ranking or recognition should be construed as a current or past endorsement of Waverly by any of its clients.

 

  1. Limitation of Liability. You understand and agree that, to the extent permitted by applicable law, in no event will Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, be liable under any theory of liability for any damages, including, without limitation, direct, indirect, special, incidental, consequential, punitive, or exemplary damages, losses, or expenses (even if Waverly, or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, or their respective representatives, were advised of, knew of, or should have known of the possibility of such damages) arising in connection with the site, the use of, or inability to use, the site, the content (including, without limitation, any use of or reliance on the content), or any third party resources, including, but not limited to: loss of revenue, trading losses, loss of anticipated profits, business, savings, goodwill, or data, any damage to, or virus that may infect, any computer equipment or other property, any damages, losses, or expenses arising from any site performance failure, any damage a third party may cause through the use of the site (whether intentional or unintentional), or any failure to comply, by you or any third party, with these terms or with applicable federal, state and local laws. Should Waverly or any of its owners (direct or indirect), officers, managers, employees, service providers, agents or affiliates, be found to be liable to you or any third party notwithstanding the foregoing, such liability will not exceed $100.00 in the aggregate.

 

  1. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that any of Waverly, or any of its officers (direct or indirect), managers, employees, service providers, agents or affiliates, may not, as a matter of applicable Law, disclaim any implied warranty or limit their liabilities, the scope and duration of such warranty and the extent of their liability will be the minimum permitted under such applicable Law.

 

  1. Refusal of Service; Modification of the Site; Termination. Waverly reserves the right to refuse service, terminate accounts, remove or change Site content, services, or functionality, or modify or discontinue the Site in Waverly’s sole discretion. Waverly may terminate, suspend, or modify your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Waverly, in its sole and absolute discretion, believes is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.

 

  1. Modifications to Terms. Waverly may update or change these Terms at any time and in its sole discretion, by posting on the “Terms of Use” page of the Site. If any modification is unacceptable to you, your only recourse is to terminate your use of the Site. Your continued use of the Site following Waverly’s posting or emailing of a change notice or revised Terms as provided in this section will constitute your binding acceptance of the change.

 

  1. Unless deemed unenforceable due to specifically applicable federal or state Law not otherwise pre-empted, any dispute, claim or controversy arising out of or relating to these Terms shall be determined by arbitration in accordance with the Laws of the State of Alabama for agreements made in and to be performed in that state. The arbitration shall take place in County of Jefferson, State of Alabama, before a sole arbitrator, and shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. Judgment on the award may be entered in any United States court having jurisdiction. The arbitrator shall, in the award, allocate the costs of filing the arbitration, including, without limitation, the fees of the arbitrator, against the party who did not prevail. Forbearance to enforce any right to arbitrate under these Terms shall not be deemed a waiver. Notwithstanding the foregoing, nothing in this Agreement will limit either party’s ability to seek temporary or preliminary injunctive or other equitable relief in any court of competent jurisdiction.

 

  1. These Terms, together with the Privacy Policy and any additional agreement or terms as described in Section 1 above, constitute the entire and exclusive agreement between you and Waverly with respect to your use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms inure to the benefit of Waverly, its successors and assigns. You may not assign these Terms. Waverly’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision; no waiver shall be effective unless in writing. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, you nevertheless agree that the arbitrator or court should endeavor to give effect to Waverly’s intentions as reflected in such provision, and that the other provisions of these Terms remain in full force and effect. All rights not expressly granted herein are reserved by Waverly.

 

Revised On April 10, 2024

Investment advisory services are offered by Waverly Advisors, LLC (“Waverly”),
an investment adviser registered with the Securities and Exchange Commission.
© 2024 Waverly Advisors, LLC. All rights reserved

 

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