1. Acceptance of Terms
Welcome to Flat Fee Advisors LLC ("Flat Fee Advisors," "we," "our," or "us"). By accessing or using the flatfeeadvisors.org website (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.
2. Description of Service
Flat Fee Advisors operates an online directory that connects consumers seeking financial advice with independent financial advisors who charge flat fees rather than assets-under-management (AUM) fees. We provide:
- A searchable directory of flat-fee financial advisors
- Educational content about flat-fee financial planning
- A platform for consumers to contact listed advisors
- Information about the benefits of flat-fee advisory services
3. No Advisory Relationship
IMPORTANT:Flat Fee Advisors LLC is NOT a registered investment advisor and does NOT provide financial advice, investment recommendations, or any form of financial planning services. We are solely a directory and informational platform. Any advisory relationship you establish will be directly with the independent advisor you choose to engage, not with Flat Fee Advisors LLC.
4. Advisor Listings and Endorsements
4.1 Paid Listings
All advisors listed in our directory pay a membership fee to Flat Fee Advisors LLC for listing privileges. This creates a financial conflict of interest, as we have an incentive to list only those advisors who pay us.
4.2 Limited Endorsement
The inclusion of an advisor in our directory may constitute an endorsement under Rule 206(4)-1 of the Investment Advisers Act of 1940 (the "Marketing Rule"). However, our endorsement is limited to confirming that:
- The advisor meets our flat-fee pricing criteria
- The advisor's registration status is in good standing at the time of listing
4.3 No Performance Guarantee
Listing in our directory does NOT represent:
- Our direct experience working with the advisor
- Any guarantee of the advisor's competence, performance, or suitability for your needs
- An evaluation of client satisfaction or outcomes
- Any assurance of future results
4.4 Your Responsibility
You are solely responsible for conducting your own due diligence when selecting a financial advisor. We strongly encourage you to:
- Review the advisor's Form ADV and other regulatory disclosures
- Check their registration status with appropriate regulatory bodies
- Interview multiple advisors before making a decision
- Verify their credentials, experience, and areas of expertise
- Understand their fee structure and services provided
5. Accuracy of Information
5.1 Advisor-Provided Information
Information about advisors in our directory is provided by the advisors themselves. While we review applications to verify pricing models and registration status, we do not verify or guarantee the accuracy, completeness, or currency of all information provided by advisors.
5.2 Educational Content
Educational content on our Site is provided for informational purposes only and should not be construed as financial, legal, or tax advice. Information may become outdated, and we make no commitment to update content regularly.
5.3 No Warranty
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
6. User Conduct
You agree NOT to:
- Use the Site for any unlawful purpose
- Submit false, misleading, or fraudulent information
- Attempt to gain unauthorized access to any portion of the Site
- Scrape, harvest, or collect advisor information for commercial purposes
- Interfere with the Site's operation or security
- Transmit viruses, malware, or other harmful code
- Impersonate any person or entity
- Harass, threaten, or defame advisors or other users
7. Intellectual Property
7.1 Our Rights
All content on the Site, including text, graphics, logos, images, and software, is the property of Flat Fee Advisors LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from Site content without our written permission.
7.3 Trademarks
"Flat Fee Advisors" and our logo are trademarks of Flat Fee Advisors LLC. You may not use these marks without our prior written consent.
8. Third-Party Links and Services
Our Site may contain links to third-party websites, including advisor websites. We are not responsible for the content, accuracy, privacy practices, or services of third-party sites. Your interactions with third parties are solely between you and that third party.
9. Disclaimers and Limitation of Liability
9.1 No Warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLAT FEE ADVISORS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM:
- Your use of or inability to use the Site
- Any unauthorized access to or use of our servers
- Any errors or omissions in Site content
- Your reliance on information provided by advisors
- Any services provided or not provided by listed advisors
- Any financial losses resulting from advisor relationships
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED $100.
9.3 State-Specific Rights
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Flat Fee Advisors LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Site
- Your violation of these Terms
- Your violation of any rights of another party
- Any disputes between you and a listed advisor
11. Advisor Membership Terms
11.1 Eligibility Requirements
To be listed in our directory, advisors must:
- Be registered as investment advisors in good standing
- Charge flat fees (not AUM-based fees) for financial planning and investment management services
- Pay the applicable membership fee
- Provide accurate information about their services and pricing
11.2 Membership Fees
Advisors pay an annual or monthly membership fee as agreed upon at the time of enrollment. Fees are non-refundable except as required by law.
11.3 Listing Removal
We reserve the right to remove any advisor listing at any time for any reason, including but not limited to:
- Non-payment of membership fees
- Loss of good standing with regulatory authorities
- Changes to pricing structure that no longer meets our criteria
- Complaints from consumers or regulatory actions
- Violation of these Terms
11.4 Advisor Representations
By listing in our directory, advisors represent and warrant that:
- All information provided is accurate and current
- They will comply with all applicable laws and regulations
- They will update their listing information as needed
- They understand our directory constitutes an endorsement under the Marketing Rule
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated effective date. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
14. Modifications to the Site
We reserve the right to modify, suspend, or discontinue any aspect of the Site at any time without notice or liability.
15. Termination
We may terminate or suspend your access to the Site immediately, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Site will immediately cease.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law provisions.
16.2 Arbitration
Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court. You waive your right to a jury trial and to participate in class actions.
16.3 Exceptions to Arbitration
Either party may seek injunctive relief in court to protect intellectual property rights or to enforce confidentiality obligations.
16.4 Venue
If arbitration is not enforceable, any legal action must be brought exclusively in the state or federal courts located in Hamilton County, Indiana, and you consent to personal jurisdiction in those courts.
17. 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 these Terms shall otherwise remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flat Fee Advisors LLC regarding your use of the Site and supersede all prior agreements and understandings.
19. Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20. 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.
21. Contact Information
If you have questions about these Terms, please contact us at:
Flat Fee Advisors LLC
Email: info@flatfeeadvisors.org
22. Acknowledgment
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE.