These Sootchy Terms of Use were last modified in March 2023.
Sootchy Terms of Use and your acceptance of them. Read before continuing.
Sootchy, Inc. and Sootchy Securities, LLC (collectively “Sootchy,” “we,” “us,” or “our”) may provide you with the information, content, tools, products, and services on its mobile application (“App”). Your use of the App is subject to our general Terms of Use ("Terms").
These Terms are a binding agreement between you and Sootchy. By using or accessing the App, you accept and agree to be bound by these Terms. Your use of the App is governed by the version of the Terms in effect on the date the App is accessed by you. Sootchy may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting the App and clicking on the Terms of Use hyperlink. These Terms are in addition to any other agreements between you and Sootchy, including any client agreement and
any other agreements that govern your use of information, content, tools, products and services available on and through the App. If you do not agree to these terms and conditions, do not click to accept or otherwise register on the App.
SOOTCHY MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY ON THE APP, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS APP CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
The App is intended only for your personal, non-commercial use, unless you and Sootchy have agreed otherwise in writing. You agree not to, or attempt to (or permit other third parties to): (i) reverse engineer, or attempt to reconstruct or discover any source code, underlying ideas, or programming of the App; (ii) disclose your user name and password to others; (ii) allow anyone other than You, directly or indirectly, to access the App with your username and password; or (iv) use the App in any manner that would interfere with any other party's use of the App.
The App is not intended to provide legal, tax, investment or insurance advice. Nothing on the App should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Sootchy or any third party. Certain investment planning tools available on the App may provide general investment education based on your input. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Certain investment advisory services provided via the App are provided by Sootchy Securities, LLC (“Sootchy Securities”), which is a registered investment adviser. Nothing stated on the App shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Further, these investment advisory services are only provided upon receipt of Sootchy Securities disclosure documents and upon entering into a separate electronic agreement with Sootchy Securities (“Advisory Agreement”). Only those limited services provided by Sootchy Securities are governed by the Advisory Agreement. For the avoidance of doubt, the following items shall not be deemed investment advice performed by Sootchy Securities: financial education, financial literacy, blog posts, educational material, payment processing, and gifting transaction facilitation.
As a condition of the use of the App or any of the services provided by the App, you accept and agree to receipt of information solely via electronic means such as via email or the App. As such, you agree to notify Sootchy immediately if your electronic contact information has changed. Further, as a condition of the use of the App or the receipt of any services provided by the App, you accept and agree that digital signatures, electronic check boxes acknowledging acceptance, authorization, agreement, or, consent or any other electronic acknowledgment of intent to enter into an agreement shall be legally binding.
You will be required to provide certain details about yourself for the purpose of establishing an account on the App or receiving services via the App. You agree that any information you provided is correct. Further you agree to update Sootchy upon any material changes to such information. For more information, please see Sootchy’s Privacy Policy.
In addition to private information provided by you, we may obtain personal information about you via third party service providers and other sources in order. Please refer to our Privacy Policy for more information. IN ORDER TO ALLOW SOOTCHY TO OBTAIN YOUR PERSONAL INFORMATION, YOU AUTHORIZE YOUR WIRELESS CARRIER TO USE OR DISCLOSE INFORMATION ABOUT YOUR ACCOUNT AND YOUR WIRELESS DEVICE, IF AVAILABLE, TO SOOTCHY OR ITS SERVICE PROVIDER FOR THE DURATION OF YOUR BUSINESS RELATIONSHIP, SOLELY TO HELP THEM IDENTIFY YOU OR YOUR WIRELESS DEVICE AND TO PREVENT FRAUD. SEE OUR PRIVACY POLICY FOR HOW WE TREAT YOUR DATA.
Unless otherwise indicated, all materials on this App, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are protected as the copyrights, trade dress, trademarks and/ or intellectual properties owned by Sootchy or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights, except for any third-party trademarks and service marks, which are the property of their respective owners. The term “Sootchy” is a trademark and the Sootchy logos and all related product and service names, designs and slogans are Sootchy trademarks. You may not use such marks without Sootchy’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Accordingly, you may not copy, distribute, modify, post or frame-in the App, including any text, graphics, video, audio, software code, user interface design or logos. In order to avoid confusion you may not suggest that Sootchy endorses, sponsors or is affiliated with any non-Sootchy app or website, entity, service or product, and may not make use of any Sootchy trademarks, service marks, or copyrighted material.
The App may include educational material, news, information, commentary, interactive tools, research reports, and data concerning, financial literacy, college savings, and other subjects supplied by companies that are not affiliated with Sootchy or links to such information on other websites ("Third Party Content”). On the App, the source of all Third Party Content will be clearly and prominently identified. Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s). Sootchy has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Sootchy makes every attempt to provide accurate and timely information to serve the needs of users, neither Sootchy nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites linked to from this App. Third Party Content is provided or linked to for informational purposes only and Sootchy and the Third Party Content providers specifically disclaim any responsibility for Third Party Content. You will use Third Party Content only at your own risk, and you expressly relieve Sootchy form any and all liability arising from your use any Third Party Content. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. SOOTCHY AND THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
If you choose to correspond, participate in a promotion or engage in transactions with any third party found on or through the App, you acknowledge and agree that Sootchy is not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information and the Terms of Use applicable to any merchant or third party are solely between you and such third party. You agree that Sootchy will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on or through the App. By using this App, you expressly relieve Sootchy from any and all liability arising from any transactions with any third party found on or through this App.
SOOTCHY AND THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SUCCESSORS, ASSIGNS, SHAREHOLDERS, PRINCIPALS, AGENTS, OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Sootchy hereby grants you a non-exclusive, non-transferable, limited license to use materials (such as brochures and press releases) from this App provided that the use of the materials is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this App in any way. Except as expressly authorized by Sootchy in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this App, (b) access to this App or (c) use of this App or of any services or materials available through this App. You agree to indemnify, defend and hold harmless Sootchy and all Sootchy companies, and their respective directors, officers, shareholders, agents, members, insureds, attorneys, successors, assigns and employees (collectively, the “Indemnified Parties”) for any and all authorized uses you may make of any material on this App. You acknowledge the unauthorized use of the contents could cause irreparable harm to Sootchy and that in the event of unauthorized use, Sootchy shall be entitled to an injunction in addition to any other remedies available at law or in equity.
All content on the App is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Certain parts of the App are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the App, or to any other protected materials or information, through any means not intentionally made available by Sootchy for your specific use.
If you have a password for access to non-public areas of the App, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Sootchy shall not be under any duty to inquire as to the authority or propriety of any instructions given to Sootchy by you or via your password and shall be entitled to act upon any such instructions and Sootchy will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Sootchy or any investment custodian. Notify Sootchy immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Sootchy in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
When you make use of the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by notifications through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communities be in writing.
SOOTCHY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE APP, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE APP IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND SOOTCHY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
SOOTCHY DOES NOT WARRANT THAT THE APP WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOOTCHY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
SOOTCHY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE APP AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF THE DAMAGES ARE FORESEEABLE, SOOTCHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOOTCHY IS NOT LIABLE, AND DENIES RESPONSIBILITY FOR, ANY DAMAGES, HARM, OR LOSSES TO YOU OR OTHERS ARISING FROM OR RELATING TO HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ITS SERVICES, OR YOUR FAILURE TO USE OR IMPLEMENT ANTI-FRAUD MEASURES, SECURITY CONTROLS, OR ANY OTHER DATA SECURITY MEASURES. SOOTCHY FURTHER DENIES RESPONSIBILITY FOR ALL LIABILITY AND DAMAGES TO YOU OR OTHERS CAUSED BY (A) YOUR ACCESS OR USE OF SERVICES INCONSISTENT WITH THE TERMS OF USE; (B) ANY UNAUTHORIZED ACCESS OF SERVERS, INFRASTRUCTURE, OR DATA USED IN CONNECTION WITH ITS SERVICES; (C) INTERRUPTIONS TO OR CESSATION OF ITS SERVICES; (D) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH ITS SERVICES; (E) ANY ERRORS, INACCURACIES, OMISSIONS, OR LOSSES IN OR TO ANY DATA PROVIDED TO SOOTCHY; (F) THIRD PARTY CONTENT PROVIDED BY YOU; OR (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHERS.
SOOTCHY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH SOOTCHY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, EPIDEMICS, PANDEMICS, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, CIVIL PROTESTS OR UNREST, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to limit any additional liability not disclaimed or denied by Sootchy to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of the total amount paid by you to Sootchy during the three (3) month period immediately preceding the event that gave rise to your claim for damages. These limitations on Sootchy’s liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
As a condition of your use of the App, you agree to indemnify and hold Sootchy and its Third Party Content providers and their respective parents, subsidiaries, affiliates, service providers, licensors, officers, directors, successors, assigns, shareholders, principals, agents and employees, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the App, or from your violation of these Terms. Third Party Content providers are expressly made third party beneficiaries of these Terms and as such may enforce the Terms for the sole purpose of protecting their interests.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Sootchy’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Sootchy may assign or transfer these Terms of Use in its sole discretion without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise agreed, Sootchy may discontinue or modify the App at any time without prior notice to you, and you accept those modifications if you continue to use the App.
These Terms shall remain in effect for as long as you use the App, or until terminated Sootchy. Sootchy may terminate your access to the App for any reason, without prior notice.
Upon termination, you will no longer be able to access the App. However, if you have opened investment accounts via the App, these accounts will not necessarily be closed upon termination of your user account with Sootchy. Please refer to your investment Advisory Agreement for more details on closing any investment account.
Termination of your user account on the App does not constitute an instruction to the Company to delete your data. In case you require that your data be deleted, you shall notify Sootchy via email. Note, to ensure compliance with certain state and federal rules and regulations, certain data related to investment advisory services provided by Sootchy will not be deleted.
The provisions of paragraphs 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, and 18 will survive any termination of your Sootchy user account.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Delaware, without regard to conflicts of law, and shall inure to the benefit of Sootchy's successors and assigns, whether by merger, consolidation, or otherwise. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE APP OR THESE TERMS OF USE NOT SUBJECT TO THE ARBITRATION PROVISION SET FORTH HEREIN WILL BE INSTITUTED ONLY IN A STATE, OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, USA. YOU AND SOOTCHY AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
You and Sootchy agree that any controversy or claim arising out of or relating to the App, use of the App, and/or the Terms of Use shall be settled by binding arbitration in Los Angeles County, California, or at such other location as may be mutually agreed upon by both Sootchy and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling 800-352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against Sootchy, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Sootchy initiates arbitration against you, Sootchy will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Sootchy shall be entitled to arbitrate their dispute. You or Sootchy may seek injunctive relief in a Court of competent jurisdiction. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS APP IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SOOTCHY APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.
These Sootchy Terms of Use, along with the Sootchy Privacy Policy, Cookie Policy, and Customer Relationship Summary, as they may be amended from time-to-time, completely and exclusively state the agreement between you and Sootchy with respect to the Sootchy App, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. The Sootchy Terms of Use, Privacy Policy, Cookie Policy, and Customer Relationship Summary may be amended from time-to-time by Sootchy.
If a court of competent jurisdiction deems any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terns will remain in full force and effect.
Sootchy’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Sootchy nor any trade practices shall be deemed to modify these Terms.
Please contact us at [email protected] or (323) 677-4482 if you become aware of any content that may infringe the copyright or other intellectual property rights of a third party or that you believe to be in violation of these Sootchy Terms of Use.
