Terms & Conditions
The website, www.equivestadvisors.com, is operated by Equivest Financial Advisors LLC, a Michigan Registered Investment Advisor. Securities products are offered to clients of Equivest Financial Advisors, LLC by FOLIOfn Investments, Inc., a registered broker dealer and member of FINRA/SIPC.
In general, references to “Equivest” on this website refer to “Equivest Financial Advisors, LLC”.
Equivest supports the two latest versions of the following web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of any advice or information offered on www.equivestadvisors.com unless viewed in a supported browser.
Investment Tools and Model Predictions
Although Equivest carefully evaluates potential returns based on historic performance, Equivest makes no representation regarding the likelihood or probability that any actual or proposed account allocation will in fact achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and in fact volatility means that returns in any period may be far above or below those of previous periods. Some clients have investment results that materially differ from those indicated by our investment tools and projections. Investments at Equivest may lose value. Equivest is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment. If displayed, past performance is inherently limited in that it does not represent actual trading nor material economic or market factors that might have had an impact on Equivest’s advice. Past performance is based on Equivest’s current model portfolios. Past performance accounts for the reinvestment of dividends as well as investment fees. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and the overall composition of your Equivest account. Additionally, market conditions and your personal financial circumstances may change – perhaps suddenly or maybe gradually over time. Monitoring and adjusting your Equivest account to suit changing circumstances is a joint responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.
The www.equivestadvisors.com website contains commentary and links to certain articles only as a convenience. Linked articles have been written by third parties not affiliated with Equivest. No information contained in these articles has been endorsed or approved by Equivest, and Equivest is not responsible for the content. No information accessed through these articles constitutes a recommendation by Equivest to buy, sell or hold any security, financial product or instrument discussed therein. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities by Equivest. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
SIPC Account Protection
FOLIOfn Investments Inc. is a member of the Securities Investor Protection Corporation (SIPC). Through SIPC funds are available to meet customer claims up to a ceiling of $500,000, including a maximum of $250,000 for cash claims. SIPC insurance does not protect against loss in the market value of securities. For additional information regarding SIPC coverage, including a brochure, please contact SIPC at (202) 371-8300 or visit www.sipc.org.
Investor Education and Protection
An investor brochure about Equivest is available on FINRA BrokerCheck at brokercheck.finra.org. You can also call the BrokerCheck hotline at (800) 289-9999 or access the broader FINRA website at www.finra.org.
Disclosure of Transactions for Company and Employee Accounts
Equivest's employees regularly trade for their own accounts in the same securities as we advise our clients on. v's employee trading is conducted with other market participants and no employee trades are conducted with Equivest's clients, although orders for our employee accounts may be aggregated with our clients’ orders. The prices Equivest's clients receive for their trades are exactly the same as the prices every other client receives including Equivest's employees. Equivest itself does not trade in any of the same securities as our clients at any time.
Disclosure of Order Execution and Routing Practices (SEC Rule 606)
The Securities and Exchange Commission adopted Exchange Act Rule 606 (“Rule 606,” formerly Rule 11Ac16) in November 2000; Rule 606 became effective on July 2, 2001. Rule 606 states that all broker-dealers that route client orders for execution to market centers or through automated order entry systems on primary exchanges must make publicly available, on a quarterly basis, reports that present a general overview of their routing practices. These reports must identify the market centers (exchanges, automated order entry systems, market makers, etc.) to which non-directed customer orders were routed for execution. Broker-dealers must also disclose the material aspects of the broker-dealer’s relationship with such venues during the applicable quarter. Equivest hereby serves notice on this website that it relies exclusively upon FOLIOfn Investments, Inc. for order routing. Please contact FOLIOfn Investments, Inc. should you require further details regarding order routing. For more information on SEC Rule 606, please visit the Securities and Exchange Commission website.
Business Continuity Statements
SEC and FINRA rules require investment advisers and broker-dealers to create and maintain a business continuity plan. In accordance with these rules, Equivest and FOLIOfn Investments, Inc. have both developed plans that are intended to permit us to continue critical business operations during natural disasters, power outages or other significant events. While there can be no assurance that service will continue without interruption in all circumstances, the plans do address the actions that the firms will take in the event that there is a significant disruption. Account access is planned to be restored as the first step, which would be followed by other critical business operations. If there is a local disruption to the operating facilities of either firm, the respective business continuity plans call for the affected firm to establish operations from an alternate location. We maintain data backup records, located well away from our primary facility so that they would not be affected by a regional disruption. We intend for account access to be available through these records should the primary data center suffer a disruption.
Website Terms and Conditions
The following terms and conditions govern the use of this website, which is managed by Equivest. By using this website (www.equivestadvisors.com) and the online services or other websites operated or offered by Equivest (collectively the “Website”), you agree to these Terms and Conditions.
Copyright and Other Intellectual Property
Equivest maintains the Website, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Equivest also owns a copyright in the selection, coordination and arrangement of the material contained within the Website.The material contained within the Websites is provided by Equivest only for lawful uses by customers, Equivest employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Equivest.
Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Equivest. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.Equivest assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Equivest. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked 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.
Neither Equivest nor any other party involved in the creation, production or delivery of the information at the Website, nor the officers, directors, employees or representatives of Equivest, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the website or the use of the website or a linked website or with the delay or inability to use the website or a linked website, whether or not Equivest is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the website’s files and your browser or other website accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Equivest does not guarantee continuous, uninterrupted or secure access to the website or a linked website. The content, accuracy, opinions expressed, and other links provided by linked websites are not necessarily investigated, verified, monitored or endorsed by Equivest. The information, software, products and description of services published on the website or a linked website may include inaccuracies or typographical errors, and Equivest specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the website and linked websites. Equivest may make improvements or changes to the website at any time.
Confidentiality of Information
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 Michigan, without regard to conflict of law principles. You agree that Michigan's Sixth Circuit federal court, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Equivest, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the Website or the online services offered by Equivest. If the federal court lacks subject matter jurisdiction, any state court located in Oakland County, Michigan, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and Equivest each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.
Website Content and Material
The information and materials contained in the Website, including but not limited to these Terms and Conditions and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.
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 shall be or become 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.
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 Website or any portion of the Website, without Equivest's express written consent, which may be withheld in Equivest'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 Website, other than the search engines and search agents available through the Website 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 Website; Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.
Telephone Call Monitoring and Recording
Authorized employees or agents of Equivest may monitor and record all or portions of your telephone calls to Equivest for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
The Website provides you Equivest e-mail addresses so that you may communicate electronically by sending an e-mail message to Equivest. All e-mail sent to and from Equivest will be received or otherwise recorded by the Equivest corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate. In addition, by opting in to receiving communications including newsletters by providing us your contact information, you are agreeing to be contacted via phone, email, or sms by Equivest. You may opt out at any time by notice to us.