Strad Professional provides a more in-depth understanding of wealth and connects a family’s existing professional advisors,allowing collaboration, greater insight, and uniquely personalized advice.
1 ACCEPTANCE OF TERMS
Welcome and thank you for your interest in Strad, operated by Dow Software, LLC (“we, “us” or “our”).
Strad is an innovative software platform designed to facilitate effective tracking and management of financial, legal, business and household matters and coordination among financial advisors, attorneys, insurance advisors, real estate advisors, tax advisors, other advisors and their clients.
- BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 BELOW REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A JURY TRIAL.
- NEITHER WE NOR THE PLATFORM ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL, OR OTHER ADVICE. WE ARE NOT SERVING AS YOUR FINANCIAL PLANNER, BROKER OR TAX ADVISOR, AND WE ARE NOT REPSONSIBLE FOR ADVICE THAT YOU RECEIVE FROM YOUR ADVISORS OR GIVE TO YOUR CLIENTS VIA THE PLATFORM.
2 GENERAL INFORMATION
2.1 Registered Users, Advisors, Clients, and Visitors
2.2 Illustrative List of Features
- Account aggregation: We offer financial account aggregation, where we, acting as your authorized agent, will retrieve your financial account information, such as your account balances, transactions and holdings from financial institutions you or your agent designates. Financial account aggregation is an optional service you may utilize by providing financial account credentials, allowing us to connect with third-party financial institutions to present financial information via our Platform.
- Manual information submission: We offer tools that allow you to manually enter financial and other business and household information.
- Information visualization: Your financial and other business and household information collected through account aggregation or manual information submission (“User Data”) is used to display your consolidated financial picture and other visualizations. Visualizations include charts, tables, summaries and detailed transactional data and other records.
- Recordkeeping: We offer tools that enable recordkeeping, such as note-taking and note-tracking tools.
2.3 Clients’ Advisors and Other Approved Viewers
2.4 User Administrators
- Ensure that only current Clients, employees or agents of the User Administrator or their firm are granted access to the Platform by verifying eligibility before creating an Authorized User account.
- Review all Authorized User accounts every three (3) months to verify continuing need to access the Platform.
- Maintain a list of all current and former Authorized Users and make it available to us at our request.
3 OUR PLATFORM
3.1 Your Right to Use Our Platform
3.2 Interruption and Discontinuance of Access to the Platform
We may change or discontinue all or any part of our Platform. We do not promise to store or keep showing any User Data. Strad is not an information storage or backup service, although we may from time to time provide features and functionalities that allow you to log certain information. Except to the extent accomplished through such features and functionalities, you agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.
Your access to and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Platform, including any associated software or other materials supplied in connection with the Platform, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair.
3.3 Notices and Messages
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
3.4 Third-Party Account Information, Content, Sites and Apps
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Platform, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Platform, in the manner prescribed in the associated instructions.
You understand that by using the Platform you may be exposed to content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Registered Users or others. You agree that we are not responsible for others’ (including other Registered Users’) content. We cannot always prevent misuse of our Platform, and you agree that we are not responsible for any such misuse. For additional terms concerning such content, please see the “User Content” section below.
You are responsible for deciding if you want to access or use third-party sites or apps that link from our Platform. Third-party sites and apps have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps – use these at your own risk.
3.5 Our Intellectual Property Rights
4 YOUR ADDITIONAL OBLIGATIONS TO US
4.1 Who Can Use Strad
You must not use Strad if:
- You are under 18 years old (or, if applicable law requires that you must be older than 18 years older in order to enter into a binding agreement, then the minimum age applicable to you is such older age).
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from using our Platform under applicable laws.
4.2 Your Account
When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information, and to establish a username and password (“Credentials”). You authorize us to make any inquiries we consider necessary to validate your identity.
You agree and understand that you are responsible for maintaining the confidentiality of your Credentials. If you become aware of or suspect any unauthorized use of your account or unauthorized access to your Credentials, you must notify us immediately.
4.4 User Content
4.5 Prohibited Uses of Strad
You agree not to engage in unacceptable use of the Platform. As part of that promise, you agree that in using the Platform you will not:
- Violate any law (whether local, state, national, or international), whether or not intentionally.
- Harm, threaten to harm, stalk or otherwise harass any person or entity.
- Post or transmit any User Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Create a false identity on Strad, misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another’s account.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Imply or state that you or any User Content is endorsed by us without our express consent.
- Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Platform or removing, covering, or obscuring an advertisement included on the Platform).
- “Frame” or “mirror” any part of the Platform or otherwise engage in simulating the appearance or function of the Platform.
- Disseminate or transmit spam, chain letters, pyramid schemes or similar communications.
- Post or upload anything that contains software viruses, worms, or any other harmful code.
- Interfere with the operation of, or place an unreasonable load on, the Platform.
- Override any security feature or bypass or circumvent any access controls or use limits of the Platform.
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Platform, or servers or networks connected to the Platform; or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source.
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without our consent.
- Deep-link to our Platform for any purpose other than to promote your profile, without our consent.
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform.
- Monitor the Platform’s availability, performance or functionality for any competitive purpose.
- Remove any copyright, trademark or other proprietary rights notices contained in the Platform.
- Disseminate or transmit any User Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty.
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
- Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our content; (ii) copying or distributing our technology, unless it is released under open source licenses; or (iii) using the words “Strad,” “Wealth, Orchestrated,” or “Wealth.Life.Orchestrated” or any of our other marks, taglines, trade names or logos in any business name, email, or URL in an infringing or otherwise objectionable manner.
- Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without our consent.
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so.
- Submit any User Content related to partisan political campaigning or fundraising.
4.6 Rights You Grant Us
6 DISCLAIMER OF WARRANTIES
THE SITES, APPS, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DOW SOFTWARE, LLC, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
DOW SOFTWARE, LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DOW SOFTWARE, LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
7 NOT A FINANCIAL ADVISOR, BROKER, ATTORNEY, TAX ADVISOR, OR OTHER ADVISOR
NEITHER DOW SOFTWARE, LLC NOR THE PLATFORM ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE OR INTENDED TO SERVE AS TAX PREPARATION SERVICES. DOW SOFTWARE, LLC IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Platform is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Platform may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
From time to time, the Platform may include biographical and contact information for financial advisors, attorneys, insurance advisors, real estate advisors, tax advisors and other advisors. We are not affiliated with and do not sponsor or endorse any such advisors, and offer such directory information for informational purposes only. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO OBTAIN SERVICES FROM SUCH ADVISORS, AND SUCH ADVISORS ARE SOLELY RESPONSIBLE FOR THE PERFORMANCE, QUALITY AND ANY OTHER ASPECT OF SUCH SERVICES, AND WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH ADVISORS AND SUCH SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.
8 EXCLUSION AND LIMITATION OF LIABILITIES
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), DOW SOFTWARE, LLC AND ITS AFFILIATES (AND THOSE SUPPLIERS THAT WE WORK WITH TO PROVIDE THE PLATFORM) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE PLATFORM (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF DOW SOFTWARE, LLC AND ITS AFFILIATES (AND THOSE SUPPLIERS THAT WE WORK WITH TO PROVIDE THE PLATFORM) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE GREATER OF (1) FIVE HUNDRED DOLLARS AND (2) THREE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE PLATFORM.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You may deactivate your account at any time. If you deactivate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to deactivation relating to your use of the Platform. After you deactivate your account, you will no longer have access to the Platform (except as a Visitor).
11 DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY WAIVER
Most disputes that arise out of the use of the Platform can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at [email protected].
A. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
C. Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Sarasota County, Florida or in another jurisdiction to which you and we agree in writing; provided, provided, however, that if circumstances prevent you from traveling to Florida, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
D. Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
You and we agree to submit to the exclusive jurisdiction of the federal or state courts located in the Tampa Division of the Middle District of Florida or Sarasota County, Florida, respectively, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
F. Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void
G. Disputes Between Users. You are solely responsible for your interactions with other Registered Users and Visitors. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Registered Users and Visitors.
12 MISCELANEOUS TERMS AND CONDITIONS
14 HOW TO CONTACT US
The Platform is offered by Dow Software, LLC, located at 8205 Nature’s Way, Suite 219, Lakewood Ranch, Florida 34202. You may contact us by sending correspondence to that address or emailing [email protected].
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Strad Pro is provided through Dow Software