Terms and Conditions

Acceptance of Terms

When you access smartmoney.co, our mobile applications, and our other online services and websites (collectively, the "Platform") you are agreeing to be bound by the following Terms and Conditions, as well as the Smartmoney.co Privacy Policy linked here, and the Copyright and Intellectual Property Policy linked here, all of which may be updated by us from time to time without notice to you. Please review them carefully. The section below titled "Arbitration Clause" requires all claims to be resolved by way of binding arbitration. The section below titled "Class Action Waiver":w contains a binding class action waiver. Please read both sections carefully, as they affect your legal rights.

General Information

The provision of advisory and brokerage services to Smartmoney.co retail clients is governed by the Smartmoney.co client agreements. Each of the foregoing agreements, collectively and individually, are referred to herein as the "Client Agreements". You should read any applicable Client Agreements carefully before determining whether to engage Smartmoney.co to provide you with advisory, brokerage, and/or other financial services.
In general, references to "Smartmoney.co" on the Platform refer to "Smartmoney.co LLC". However, for purposes of these Terms and Conditions, the term "Smartmoney.co" refers collectively to Smartmoney.co LLC, Smartmoney.co Securities, Smartmoney.co for Advisors, Smartmoney.co for Business LLC, and Smartmoney.co Financial LLC, as well as their respective affiliates, partners, agents, and employees.

Use of the Platform

The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Platform is only intended for use by persons located in the United States. Smartmoney.co makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, Smartmoney.co makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.
				Educational Use Public Platform

The publicly available portions of the Platform (i.e., the sections of the Platform
that are available to individuals who are not party to a Client Agreement) are
provided for educational purposes only and are not intended to provide legal, tax,
or financial planning advice. In using the publicly available portions of the
Platform, you agree that you are responsible for your own investment research
and decisions, that you will not rely on the Platform as the primary basis for your
investment decisions, and, except as otherwise provided herein, Smartmoney.co
will not be liable for any actions you take based on information you receive via
the publicly available portions of the Platform.
Access to the Platform
Smartmoney.co reserves the right, in its sole discretion, to deny you access to
the Platform, or any portion of the Platform, without notice and without reason.
For the avoidance of doubt, your access to and use of the publicly available
portions of the Platform shall be governed by these Terms and Conditions, and
the provision of any investment advisory and brokerage services shall be
governed by the Client Agreements with respect to such services.
Notwithstanding the foregoing or anything else in these Terms and Conditions to
the contrary, in the event of any conflict between the Terms and Conditions and a
Client Agreement, the Client Agreement shall control.
Investment Tools and Model Predictions
Smartmoney.co makes no representation regarding the likelihood or probability
that any actual or hypothetical investment will in fact achieve a particular
outcome or perform in any predictable manner. Any historical return information
on the Platform does not represent the actual performance of any specific
investor’s account and may not reflect all factors that could impact such
performance for an individual investor. Past performance is not a guarantee of
future success and returns in any period may be far above or below those of a
previous period. No representation is being made that any investment will or is
likely to achieve profits or losses similar to those achieved in the past, or that
significant losses will be avoided. Investing involves risk and investments at
Smartmoney.co may lose value.
The return, composite, and performance information shown on the Platform uses
or includes information compiled from third-party sources, including independent
market quotations and index information. Smartmoney.co believes the third-party
information comes from reliable sources, but does not guarantee its accuracy.
External Links
The Platform links to certain content created by third parties that are not affiliated
with Smartmoney.co. Smartmoney.co is not responsible for such content and
does not endorse or approve it. Such content may contain terms and conditions,

privacy provisions, confidentiality provisions, or other provisions that differ from
the terms and conditions applicable to the Platform. Smartmoney.co assumes no
responsibility or liability whatsoever for the accuracy, reliability, or opinions
contained in such content. If you decide to access such content, you do so at
your own risk.
Conditions of Use
You agree that you will comply with all applicable laws, including, without
limitation, privacy laws, intellectual property laws, anti-spam laws, export control
laws, tax laws, and regulatory requirements. You further agree that you will use
the Platform solely for your personal, non-commercial use and will not attempt to
interfere with the functioning of the Platform in any way.
Access and Interference
You agree not to engage in any of the following:
 Use any robot, spider, scraper, deep link or other similar automated data
gathering or extraction tools, program, algorithm or methodology to
access, acquire, copy or monitor the Platform or any portion of the
Platform, other than via software that sends queries to the Platform to
index or rank a website for search and location purposes, without
Smartmoney.co’s express written consent, which may be withheld in
Smartmoney.co’s sole discretion.
Use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Platform, other than the
search engines and search agents available through the Platform and
other than generally available third-party web browsers (such as Microsoft
Explorer).
 Post or transmit any file which contains viruses, worms, Trojan horses, or
any other contaminating or destructive features, or that otherwise interfere
with the proper working of the Platform.
 Attempt to decipher, decompile, disassemble, or reverse-engineer any of
the software comprising or in any way making up a part of the Platform.
Secured Areas
Access to and use of password protected and/or secure areas of the Platform is
restricted to authorized users only. Unauthorized persons attempting to access
these areas of the website may be subject to legal action.
Communications with Smartmoney.co

Authorized employees or agents of Smartmoney.co may monitor and record all
or portions of your telephone calls, emails, text messages, chats and other
communications with Smartmoney.co for quality control, customer service,
employee training, security, legal, compliance, and other lawful purposes. You
hereby consent to such recording. That consent is ongoing and need not be
confirmed prior to, or during, such monitoring or recording, except to the extent
applicable law expressly requires otherwise. Smartmoney.co may also archive
your communications with Smartmoney.co for regulatory and other purposes.
Limited Liability
NEITHER SMARTMONEY.CO NOR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF
PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING
OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE
PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE
DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE).
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE
DAMAGES ARE FORESEEABLE OR WHETHER SMARTMONEY.CO HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT
SHALL SMARTMONEY.CO’S CUMULATIVE LIABILITY TO YOU EXCEED U.S.
$100.
No Warranties
All products, services, and content on the website are provided “as is” without
warranty of any kind, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, non-
infringement, security, or accuracy. Smartmoney.co specifically disclaims any
duty to update the information on the Platform and it is your responsibility to
evaluate the accuracy, reliability, timeliness, and completeness of any
information available on the Platform. Smartmoney.co does not guarantee that
the Platform will operate error-free or that the platform, its servers, or the content
are free of computer viruses or similar contamination or destructive features. If
you choose to use the Platform, or rely on the information presented on it, you do
so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above exclusions may not apply to you.
Indemnification and Hold Harmless

You agree to indemnify, defend, and hold Smartmoney.co harmless from any
liability, loss, claim and expense, including attorney’s fees, related to your
violation of these Terms and Conditions or use of the Platform. Nothing in these
terms of use shall affect any non-waivable statutory rights that apply to you.
Smartmoney.co reserves the right to assume the exclusive defense and control
(at your expense) of any matter that is subject to indemnification under this
section. In such case, you agree to cooperate with any reasonable requests
assisting Smartmoney.co’s defense of such matter.
Choice of Law
All Website activity or use and these Terms and Conditions are governed by the
laws of the United States of America and the applicable laws of the State of New
York, without regard to conflict of law principles.
Dispute Resolution; Agreement to Arbitrate
You and Smartmoney.co (for purposes of this section, “the parties”) agree that
any claim or controversy that may arise between you and Smartmoney.co
relating in any way to your use of the publicly available portions of the Platform
will be determined by binding arbitration conducted under the auspices of JAMS
pursuant to its Arbitration Rules and Procedures. This arbitration agreement
includes any controversy involving the performance, construction, or breach of
these Terms and Conditions.
You and Smartmoney.co agree that the arbitration shall apply the substantive law
of New York to all state law claims, that limited discovery shall be conducted in
accordance with JAMS’s Arbitration Rules and Procedures, and that the
arbitrator may not award punitive or exemplary damages, unless (but only to the
extent that) such damages are required by statute to be an available remedy for
any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules
and Procedures, the arbitrator’s award shall consist of a written statement as to
the disposition of each claim and the relief, if any, awarded on each claim. The
award shall not include or be accompanied by any findings of fact, conclusions of
law, or other written explanations of the reasons for the award. You understand
that the right to appeal or to seek modification of any ruling or award by the
arbitrator is severely limited under state and federal law. You acknowledge that
you are waiving your right to a jury trial. Judgment upon the award rendered may
be entered in any court, state or federal, having jurisdiction and the parties hereto
and their respective representatives hereby submit to the jurisdiction of any such
court for the purpose of such arbitration and the entering of such judgment.
Federal and state statutes of limitation, repose, and/or other rules, laws, or
regulations impose time limits for bringing claims in federal and state court
actions and proceedings. The parties agree that all federal or state statutes of
limitation, repose, and/or other rules, laws, or regulations imposing time limits

that would apply in federal or state court, apply to any Controversy, and such
time limits are hereby incorporated by reference. Therefore, to the extent that a
Controversy would be barred by a statute of limitation, repose or other time limit,
if brought in a federal or state court action or proceeding, the parties agree that
such Controversy shall be barred in an arbitration proceeding.
Any award of the arbitrator or a majority of the arbitrators will be final and
binding, and judgment on such award may be entered in any court having
jurisdiction. This arbitration provision will be enforced and interpreted exclusively
in accordance with applicable federal laws of the United States, including the
Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming
or enforcing the award will be fully assessed against and paid by the party
resisting confirmation or enforcement of said award.
You agree to the following additional provisions regardless of your place of
residence at the time a Controversy arises:
 You agree that any arbitration hearing will be held in New York, New York;
 You agree to the personal jurisdiction of the courts located in the State of
New York, United States, to interpret and enforce the arbitration provisions
described in these Terms and Conditions; and
 All arbitrations will be held in the English language, unless otherwise
agreed to by the parties.
You agree that this agreement to arbitrate shall be binding on you, your heirs,
administrators, representatives, executors, successors and assigns.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute
between us and you individually. To the full extent permitted by law, (i) no
arbitration or proceeding shall be joined with any other; (ii) there is no right or
authority for any dispute to be arbitrated or resolved on a class action-basis or to
utilize class action procedures; and (iii) there is no right or authority for any
dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons. You agree that you may bring claims against
us only in your individual capacity and not as a plaintiff or class member in any
purported class or representative proceeding.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not
be deemed to be a waiver of any other right, term, or provision of these Terms
and Conditions. If any provision in these Terms and Conditions is determined to
be wholly or partially invalid, illegal or unenforceable, such provision shall be
enforced to the extent it is legal and valid and the validity, legality and

enforceability of the remaining provisions shall in no way be affected or impaired
thereby.
Assignment
You may not assign these Terms and Conditions (by operation of law or
otherwise) without the prior written consent of Smartmoney.co, and any
prohibited assignment will be null and void. Smartmoney.co may assign these
Terms and Conditions or any rights hereunder without your consent.
Platform and Terms Subject to Change
We reserve the right to change these Terms and Conditions by posting a revised
agreement. If you don't agree with these changes, you must stop using the
Platform. The information on the Platform is subject to change without notice.