Terms | Schutte Financial
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Terms of Use

As we intend to give you our full respect, we ask the same of you. Please let us know if you have any questions or concerns. Thank you!

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Introduction

 

​​Welcome to SchutteFinancial.com. This website is owned and operated by Schutte Financial LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

 

This agreement is in effect as of July 4, 2016.

 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

 

Responsible Use and Conduct

 

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

Wherein, you understand that:

 

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

 

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

 

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

 

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

 

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

 

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

 

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

 

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

 

iii. Contains any type of unauthorized or unsolicited advertising;

 

iv. Impersonates any person or entity, including any Schutte Financial LLC employees or representatives.

 

​We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Schutte Financial LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

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i. You agree to indemnify and hold harmless Schutte Financial LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

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Privacy

 

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

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Limitation of Warranties

 

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

 

i) the use of our Resources will meet your needs or requirements.

 

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

 

iii) the information obtained by using our Resources will be accurate or reliable, and

 

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

 

 

Furthermore, you understand and agree that:

 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

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vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Schutte Financial LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

 

Limitation of Liability 

 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Schutte Financial LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

 

Copyrights/Trademarks 

 

All content and materials available on SchutteFinancial.com, unless otherwise credited to the respective owner, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Schutte Financial LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Schutte Financial LLC.

 

 

Termination of Use

 

​You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

 

Governing Law

 

This website is controlled by Schutte Financial LLC, which is registered in Colorado, United States. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts United States You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

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Service Agreement

 

By purchasing any service from Schutte Financial LLC (“SchutteFinancial”), the undersigned, identified by name submitted during purchase or client onboarding (“Client”), being duly authorized, has established a Relationship referred to above (the “Relationship”), and hereby agrees to engage SchutteFinancial on the following terms and conditions.

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I.    Appointment of SchutteFinancial.

Client hereby appoints SchutteFinancial as investment advisor/financial planner for this Relationship.

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II.   Services by SchutteFinancial. 

By execution of this Agreement, SchutteFinancial hereby accepts the appointment as investment advisor for the Relationship and agrees, from and after the effective date set forth in the signature page hereto, to provide the financial planning services for Client set forth in Exhibit I and/or Exhibit II hereto.

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It is understood and agreed that SchutteFinancial, in the maintenance of records for its own purposes, or in making such records or the information contained therein available to Client or any other person at the direction of Client, does not assume responsibility for the accuracy of information furnished by Client or any other person, firm or corporation.

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III.   Fees. 

The compensation of SchutteFinancial for its services rendered hereunder shall be calculated in accordance with the Schedule of Fees listed under Our Pricing.

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IV.  Representations by Client. 

The execution and delivery of this Agreement by Client shall constitute the representations by Client that the terms hereof do not violate any obligation by which Client is bound, whether arising by contract, operation of law or otherwise.  SchutteFinancial will not be responsible for any liability or expense resulting from a breach of Client’s representations.

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V.   Representations by SchutteFinancial. 

By execution of this Agreement, SchutteFinancial represents and confirms that it is registered as an investment advisor or exempt from registration pursuant to applicable laws and regulations.


VI.   Amendment; Termination. 

This Agreement contains the entire agreement between the parties and may not be modified or amended except in writing as executed by both parties.

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Client may terminate the Agreement within five (5) business days of signing, without penalty, and with full refund of the advisor’s fees. This Agreement shall continue in effect until the earlier of (i) SchutteFinancial’s delivery of a financial plan to Client or (ii) termination by either party by giving to the other written notice. In the case of early termination prior to completion of the plan, SchutteFinancial will deliver upon termination that portion of the plan that has been prepared.

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VII.  Notices. 

All notices and other communications contemplated by this Agreement shall be deemed duly given if transmitted to SchutteFinancial at the email address set forth in the footer of this website to the attention of its Chief Compliance Officer, and to Client at the e-mail address submitted during purchase, or at such other address or addresses as shall be specified, in each case, in a written notice similarly given.

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VIII.  Governing Law. 

The validity of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the state in which Client resides, except to the extent preempted by ERISA or other federal or state laws or regulations.

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IX.   Exhibits. 

The following Exhibits are listed on this website, and are part of this Agreement: 
Exhibit I - Electronic Consultation
Exhibit II - Our Pricing

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X.    Receipt.

Client acknowledges receipt of SchutteFinancial’s Parts 2A and 2B of Form ADV and SchutteFinancial’s Privacy Policy Statement (available upon request or presented during client onboarding).

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XI.    Consent to Electronic Delivery.

Client hereby consents to receive via e-mail or other electronic delivery method for various communications, documents, and notifications from SchutteFinancial. These items may include but are not limited to: all statements or reports produced by SchutteFinancial; trade confirmations; billing invoices; all Client brochures (Form ADV, Wrap Brochure, etc.); privacy policy statements; financial plans, evaluations, assessments, advice summaries, or recommendations; and any other notices or documentation that SchutteFinancial chooses to provide on an ongoing or occasional basis. Client agrees to immediately notify SchutteFinancial of any changes to Client’s e-mail address submitted during purchase or onboarding or other electronic delivery address.

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XII.   Assignment.

No assignment of this Agreement may be made by any party to this Agreement without the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall inure to the benefit and be binding upon the parties hereto, and each of their respective successors and permitted assigns.

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XIII.   Confidential Relationship.

All information and advice furnished by either party to the other shall be treated as confidential and shall not be disclosed to third parties except as required by law and as described in SchutteFinancial’s Privacy Policy Statement.

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XIV.   Market Conditions.

Client acknowledges that SchutteFinancial’s past performance and advice regarding client financial plans, hourly advice, assessments, consultations, or any other service cannot guarantee future results. AS WITH ALL MARKET INVESTMENTS, CLIENT INVESTMENTS CAN APPRECIATE OR DEPRECIATE. SchutteFinancial does not guarantee or warranty that services offered will result in profit.​

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Guarantee

 

UNLESS OTHERWISE EXPRESSED, SCHUTTE FINANCIAL LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

 

Contacting Us

 

​If you have any questions or concerns about the content listed here as our Terms of Service as outlined above, please contact us.

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