Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING the Smith & Howard Wealth Management site. By using this site and the features contained on this site, you agree to these terms of use. Smith & Howard Wealth Management (hereinafter referred to as SHWM) reserves the right, at any time, to modify or update these terms and conditions without notice, and you agree to be bound by such modifications or updates. The information contained and accessed on the site is provided by SHWM for general guidance and is intended to offer the user general information of interest. In making this site available, no client, advisory, fiduciary or other professional relationship is implicated or established and SHWM, nor any other person is, in connection with this site, engaged in rendering auditing, accounting, tax, legal, investment, advisory, consulting or other professional services or advice. Neither this site nor any content on or accessed through this site shall be considered a substitute for the independent investigations and sound technical and business judgment of the user of this site and the user should consult with a SHWM professional advisor familiar with its particular factual situation for advice or services concerning specific matters.

Eligibility

By using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the site does not violate any applicable law or regulation.

Copyright

You acknowledge that the content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of SHWM or its content suppliers and protected by U.S. and international copyright laws. Any use, including the reproduction, modification, distribution, republication or display of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information.

Privacy

SHWM respects the privacy of your personal information, please read our Privacy Policy.

Client Accounts

As our client, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. SHWM may, at any time, terminate your service, refuse your access, and remove or edit your content in its sole discretion.

Disclaimer

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHWM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SHWM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SHWM HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.

This site may provide links or references to other websites. However, SHWM has no control over or responsibility for content on third party sites and transactions that occur therein. If provided, these links to other sites are merely given as a convenience to users, and SHWM shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party websites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, SHWM cautions you to make certain you understand these risks and any applicable policies of third party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.

Limitation of Liability

IN NO EVENT SHALL SHWM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SHWM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, SHWM’s liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold SHWM and its officers, directors, owners, members, managers, principals, agents, contractors and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.

International Use

Recognizing the global nature of the Internet, SHWM makes no representation that content or materials on this site are appropriate or available for use in locations outside the United States, and accessing such content or materials from or distributing such content or materials to territories where their contents are illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws.

Governing Law

You agree that this agreement and your use of this site are governed exclusively by the laws of the State of Georgia, USA, without regard to its conflict of laws provision. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to waive any and all objections to jurisdiction or venue in Atlanta, Georgia, USA. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this site is also unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. SHWM makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk.

Severability and Integration

If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. To the extent this remedy is not available and a provision of this Terms of Use is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and SHWM with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SHWM with respect to this site.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and SHWM as a result of this agreement or your use of this site. SHWM’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SHWM’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by SHWM with respect to such use.

Privacy Statement

SHWM works to maintain your privacy and secure your personal information. Please review the following policy to learn more how your personal information is treated. By using this website, you agree to be bound by this Privacy Policy and to the methods described herein. SHWM reserves the right, at any time, to modify or update these policies without notice, so please check this page periodically.

Personal Information

Personal Information is any and all information regarding you individually that would permit someone to contact you, including, but not limited to, your name, address, telephone/fax number, email address or any information you submit to SHWM that identifies you individually.

This website will not collect any Personal Information about you unless you provide it. Should you choose to disclose Personal Information about yourself, SHWM may collect it using some of the following methods: registration forms, transactions and activity, and email or other voluntary communications. The Personal Information will then be used for, among other things, to verify your identity, maintaining your account, providing support to you, improving the website, providing you with updates, promotions, advertising, responding to your inquiries, and to maintain and improve SHWM’s website. SHWM may disclose Personal Information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.

Non-Personal Information

When you visit SHWM’s website, certain information is automatically collected like the browser you use, your IP address, the pages you access and the date and time you access the website. This type of information is Non-Personal Information.

SHWM uses the Non-Personal Information to manage and improve its website. SHWM may disclose aggregated and anonymous Non-Personal Information to potential business partners and unaffiliated entities.

Children’s Privacy

This website is directed toward and designed for use by persons aged 13 or older. SHWM does not solicit or knowingly collect Personal Information from children under the age of 13. Nevertheless, if SHWM learns that it has received Personal Information from someone under the age of 13, SHWM will delete the information from its systems. Moreover, parents or legal guardians may request that their child’s information is corrected or deleted by sending SHWM a written request requesting this at: Smith & Howard Wealth Management, LLC, Attn: Compliance Officer, 271 17th Street, NW, Suite 1600, Atlanta, GA 30363 or by email at info@smithhowardwealth.com.

Cookies

SHWM or the entity operating its website may place cookies on your computer to help personalize your experience and allow you to use certain functions on the website. Most search engines allow you to block cookies from being sent. Should you choose to disable the cookies, certain portions of the website may not work.

Security

SHWM has several safeguards in place to protect your Personal Information. To protect your personal information from unauthorized access and use, we use security measures that comply with federal law.  Please note, any email or other transmission you send through the internet cannot be fully protected against unauthorized interception.