TERMS OF USE
Welcome to the portal of Brown Miller Wealth Management, LLC (the “Company”). These terms govern access to and use of the Company’s website portal and/or mobile application(s) (collectively, the “Portal”).
Please read these Terms of Use carefully before accessing or using any part of the Portal. By accessing or using the Portal, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company’s Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of Portal.
PLEASE NOTE: The Portal is not intended for real time trading purposes and stock prices/portfolio values appearing on the Portal may not reflect the most current price/value. Please contact your advisor directly to initiate any transfers or trades or to validate the most current prices and values.
MODIFICATION OF TERMS
The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to the Portal. Your continued use of the Portal means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Portal, your sole and exclusive remedy is to discontinue using the Portal. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “DISCLOSURE” HYPERLINK LOCATED AT THE BOTTOM OF THE PORTAL.
USE OF THE PORTAL
You agree to use the Portal only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Portal any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Portal to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Portal any advertisements or solicitations of business; (6) restrict or inhibit use of the Portal by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Portal or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Portal); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Portal or any networks connected to the Portal; or (14) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as determined by the Company, may harm the Company or users of the Portal or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the Portal (including password-protected areas), and all articles and responses to questions, other than the content provided directly by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness.
(c) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Portal which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Portal. However, the Company can neither review all material before it is posted on the Portal nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Portal and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
TERMINATION OR RESTRICTION OF ACCESS
The Company reserves the right, in its sole discretion, to terminate your access to any or all of the Company Portal and the related services or any portion thereof at any time, without notice.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Portal, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Portal, (d) attempt to interfere with the proper working of the Portal, or (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure.
PORTAL OWNERSHIP
The entire contents of the Portal (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Portal for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company. Neither the title nor any intellectual property rights to any information or material in this Portal are transferred to you, but remain with the Company or the applicable owner of such content.
TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the Company logo, and copyrighted works on the Portal, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
DISCLAIMER
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THE PORTAL IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF TIMELINESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the data, materials, information and opinions provided on, or available through, the Portal (the “Portal Content”). Reliance on the Portal Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Portal Content.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PORTAL, THE PORTAL CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE PORTAL OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PORTAL OR THE PORTAL CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY
The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company’s Privacy Policy, which is incorporated by reference into these Terms of Use.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Company considers insecure, the Company will be entitled to require the password to be changed and/or terminate your account.
The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
Unless you notify us otherwise in writing, the information provided through the Portal will include all accounts that are associated with your household (for example, if a married couple retains the Company pursuant to a single advisory contract, the information for the accounts of both spouses will be available through the login credentials of both spouses). If you wish to disable this “householding” feature, please contact the Company’s compliance team at compliance@brownmillerwm.com.
COMPLIANCE
The owner of the Portal is based in the United States of America. The Company makes no representation that materials in the Portal are appropriate or available for use in other locations. If you access the Portal from other locations, you are responsible for complying with local laws.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Portal shall be in the state or federal courts located in or near McLean, VA. You agree to submit to the jurisdiction of such courts.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Portal, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Portal must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Portal.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
The Company may revise these Terms of Use at any time by updating this posting. These Terms were last updated on 03/14/2025.
