Terms of Service
This Terms of Service (this “Agreement”) is made by and between Trinity Wealth Advisors, LLC (“Trinity”), and the Trinity client (“Client”), and sets forth the terms and conditions of Client’s access to and use of Trinity’s Client Web Portals (the “Service”). Upon logging in, Client agrees to all of the terms and conditions of this Agreement. Client acknowledges that Client may be required to agree to additional terms as a condition of continued use, and also that Trinity may change the terms and conditions upon notice to Client in writing.
Privilege to Access and Use the Service
During the term of and subject to the terms of this Agreement, Client may access and use those aspects of the Service intended for access and use by Clients (the “Client Site”). Client shall not (a) access or use any aspect of the Service other than the Client Site, (b) access or use the Service for any purposes other than personal use, or (c) access or use the Service in any unlawful manner or in violation of this Agreement.
Client understands, acknowledges and agrees that:
- Trinity has authorized Client to access and use the Client Site solely for the Client’s convenience and may at any time in its sole discretion terminate such authorization.
- Trinity retains the right to establish practices and/or limits in connection with the Services.
- The Client Site does not provide any financial advice of any kind, and Client is solely responsible for all financial decisions made by Client in connection with use of the Service or otherwise.
- Trinity does not guarantee or warrant that any part of the Service is free of viruses or other harmful code, and Client must take appropriate precautions to protect his or her computer hardware and software.
- Client is responsible for obtaining hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service, and for payment of all associated fees.
- Client shall be solely responsible for safeguarding login credentials, and must immediately notify Trinity if compromised. Trinity has no liability related to unreported or unauthorized use of Client’s access.
The Service currently provides document storage which allows Client to add, store and retrieve documents on the Service.
Client understands and agrees that:
- For each document stored, Client represents and warrants to Trinity that Client lawfully possesses and has the authority to have the document uploaded, stored and made retrievable.
- Client is solely responsible for the content of any document that Client provides, and agrees not to store any document or information that is unlawful, offensive, indecent or otherwise actionable by any third party.
- Trinity is not responsible for any use or dissemination of Client’s documents by any third parties to whom
- Client or Trinity grants authorization to view his or her documents.
- The document storage function is provided to Client as a convenience.
- The documents retained in the document storage service should not be Client’s sole copy of such documents, and Client is responsible for retaining originals of the documents he or she chooses to store in the Vault.
In addition to the user roles of Trinity and Client, the Service also provides a user role that allows other service providers such as Client’s banker, accountant or attorney (known as “Alliance Partners”), to access and view information stored by the Client. For example, the Alliance Partner role allows Client to permit the Client’s family lawyer access to Client’s information to assist with estate planning and other needs.
Client understands and agrees that:
- Alliance Partner usage is arranged solely through Trinity including the creation and assignment of the Alliance Partner’s login credentials. Therefore, it is the responsibility of Client and Trinity to determine whether and for how long to allow any Alliance Partner to access Client’s information.
- Unless Trinity revokes the access privileges of an Alliance Partner, Client hereby consents to Trinity allowing such Alliance Partner to access and view any and all of Client’s information stored in the Service.
- The Alliance Partner function is provided to Client as a convenience, and Trinity shall not be liable for any act or omission on the part of the Alliance Partners or on the part of Trinity in relation to Alliance Partners.
Trinity takes Client privacy very seriously and consequently takes various measures to secure Client information. Trinity’s Privacy Statement, which describes what information is collected, how it is used, etc., is available upon request.
Other Terms and Conditions
Client may terminate use of the Service at any time by contacting Trinity. Once Client has terminated use of the Service, Client will have no further access to the Services and all stored documents will be deleted. Trinity may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.
The Service may provide links to third party web sites for Client’s convenience which may be removed at any time by Trinity. Trinity does not investigate the quality, accuracy or completeness of any content on third party web sites and is not responsible or liable for any content on or available from third party web sites.
THE SERVICE IS FURNISHED “AS IS” ANDWITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES. TRINITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CLIENT AGREES THAT TRINITY’S LIABILITY TO CLIENT, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable, then the clause or provision shall be severable without affecting the enforceability of all remaining clauses or provisions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri except to the extent that federal securities laws may be controlling. To the fullest extent permitted by applicable law, each party waives its right to a jury trial with respect to any action brought in connection with this Agreement.