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Terms & Conditions

Last Updated: December 2024
Effective Date: December 2024

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legal agreement between you ("Client," "you," or "your") and meridianfrostex Advisors ("we," "us," "our," or "Company"). By accessing our website, engaging our services, or communicating with us, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access our website or use our services. We recommend reading these Terms carefully before proceeding.

These Terms apply to all users of our website and services, including prospective clients, current clients, and website visitors.

2. Definitions

For purposes of these Terms:

  • "Services" means the financial advisory, planning, and investment management services provided by meridianfrostex Advisors.
  • "Client" means any individual or entity that engages our Services through a formal advisory agreement.
  • "User" means any person accessing our website or requesting information.
  • "Content" means all text, graphics, images, data, and other materials on our website.
  • "Agreement" means the formal written engagement letter between us and a Client for specific Services.
  • "Website" means meridianfrostex.life and all associated pages and applications.

3. Use of Services

3.1 Service Description

meridianfrostex Advisors provides fee-based financial planning and investment advisory services. Our Services may include comprehensive financial planning, retirement planning, investment management, tax strategy consultation, and related advisory services as agreed upon in individual client engagements.

3.2 Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary

3.3 Account Responsibilities

If you create an account on our client portal, you are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring the accuracy of information you provide

4. Prohibited Uses

You agree not to use our website or Services to:

  • Violate any applicable local, state, national, or international law
  • Infringe upon intellectual property rights of meridianfrostex Advisors or third parties
  • Transmit any harmful code, including viruses, malware, or trojans
  • Attempt to gain unauthorized access to our systems or networks
  • Engage in any fraudulent, deceptive, or misleading activities
  • Harass, abuse, or harm any person or entity
  • Impersonate any person or entity
  • Use automated systems (bots, scrapers) without written permission
  • Interfere with or disrupt our Services or servers
  • Collect personal information about other users
  • Use our Services for any unauthorized commercial purpose

5. Intellectual Property

5.1 Ownership

All Content on our website, including text, graphics, logos, images, software, and compilation thereof, is the property of meridianfrostex Advisors or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include any right to: download or copy Content for commercial use, modify or create derivative works, reverse engineer any software, remove copyright or proprietary notices, or transfer the license to another party.

5.3 Trademarks

meridianfrostex Advisors and associated logos are trademarks of our Company. You may not use these trademarks without our prior written permission.

5.4 Client Materials

Financial plans and analyses we create for you remain our intellectual property. However, you receive a license to use these materials for your personal financial planning purposes.

6. Financial Advisory Services

6.1 Fiduciary Duty

As a registered investment advisor, we acknowledge our fiduciary duty to act in your best interest when providing advisory services. This duty is formalized in our written advisory agreements with clients.

6.2 No Guarantees

We do not guarantee specific investment results or returns. Past performance does not indicate future results. All investments involve risk, including the possible loss of principal. Market conditions, economic factors, and other variables affect investment performance and cannot be predicted with certainty.

6.3 Information Reliance

Our advice and recommendations are based on information you provide. You are responsible for providing accurate, complete, and timely information. We are not liable for advice based on incomplete or inaccurate information.

6.4 Not Tax or Legal Advice

While we may provide tax and estate planning strategies, we are not tax attorneys or CPAs (unless specifically designated). Our tax-related recommendations should be reviewed with your tax professional before implementation. Similarly, estate planning suggestions should be reviewed with your attorney.

7. Fees and Payment

7.1 Fee Structure

Our fees are detailed in individual advisory agreements and may be based on assets under management, fixed fees, or hourly rates. All fees are disclosed in writing before services begin.

7.2 Payment Terms

Payment terms are specified in your advisory agreement. Typically:

  • Planning fees are due upon completion of the plan or as otherwise agreed
  • Asset-based fees are billed quarterly in advance or arrears as specified
  • Hourly fees are billed monthly for services rendered

7.3 Fee Changes

We reserve the right to modify our fee schedule with 30 days' written notice. Fee changes do not apply to existing agreements unless mutually agreed upon in writing.

7.4 Taxes

You are responsible for all applicable taxes on fees paid to us. Our fees do not include taxes unless specifically stated.

8. Refund Policy

Refund eligibility depends on the type of service:

  • Financial Planning: If you are unsatisfied within 90 days of plan delivery, we will refund the planning fee
  • Asset Management: You may terminate at any time. Fees paid in advance will be prorated based on services rendered through the termination date
  • Hourly Services: You pay only for time actually worked. No refunds for completed work

Refund requests must be submitted in writing to [email protected]. Refunds are typically processed within 14 business days.

9. Disclaimers and Limitations

9.1 "As Is" Provision

Our website and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Warranty of Results

We do not warrant that: our Services will meet your specific requirements, Services will be uninterrupted or error-free, results obtained will be accurate or reliable, any errors will be corrected, or the website or server is free of viruses or harmful components.

9.3 Limitation of Liability

To the fullest extent permitted by law, meridianfrostex Advisors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from: your access to or use of (or inability to access or use) our Services, any conduct or content of third parties, unauthorized access to or alteration of your data, or any other matter relating to our Services.

Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount you paid us in the 12 months preceding the claim.

9.4 Market Risk Acknowledgment

You acknowledge that investment in securities involves risk of loss that you are prepared to bear. We are not responsible for market losses or underperformance relative to benchmarks.

10. Termination

10.1 Termination by Client

You may terminate your engagement with us at any time by providing written notice. Termination is effective upon receipt of notice or as otherwise specified in your advisory agreement.

10.2 Termination by Us

We may terminate our relationship with you:

  • For any reason with 30 days' written notice
  • Immediately if you breach these Terms
  • Immediately if you engage in fraudulent or illegal activities
  • If continuing the relationship would violate regulations or our professional standards

10.3 Effects of Termination

Upon termination:

  • Your access to our client portal will be revoked
  • Outstanding fees become immediately due and payable
  • We will return or destroy your confidential information as requested
  • Provisions regarding confidentiality, intellectual property, and dispute resolution survive termination

11. Dispute Resolution

11.1 Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us to attempt to resolve any disputes informally. Many disputes can be resolved through direct communication.

11.2 Mediation

If informal resolution fails, disputes shall first be submitted to mediation administered by a mutually agreed-upon mediator or mediation service. The costs of mediation shall be shared equally.

11.3 Arbitration

If mediation does not resolve the dispute within 60 days, either party may initiate binding arbitration. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

11.4 Jurisdiction and Venue

These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration must be brought in the courts located in New York County, New York.

11.5 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action, consolidated action, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any written advisory agreement and our Privacy Policy, constitute the entire agreement between you and meridianfrostex Advisors regarding our Services.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 Notice Requirements

Notices to us must be sent to:

meridianfrostex Advisors
Email: [email protected]
Phone: +1 (555) 840-0395

Notices to you will be sent to the email or mailing address in our records.

12.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.7 Modifications

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our Services after changes constitutes acceptance of the modified Terms. Material changes will be communicated via email to clients.

13. Contact Information

For questions about these Terms and Conditions, please contact:

meridianfrostex Advisors

Email: [email protected]

Phone: +1 (555) 840-0395

Address: New York, NY

meridianfrostex
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