When you access arnie.co, and our other online services and websites (collectively, the “Platform”) you are agreeing to be bound by the following Terms of Use, all of which may be updated by us from time to time without notice to you. If you are using the Platform on behalf of an organization or entity, then you are agreeing to these Website Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. By continuing to use the Platform after these Website Terms have changed, you indicate your agreement to the revised Website Terms. If you do not agree to these Website Terms, please do not use the Platform.
The section below titled “Arbitration Clause” requires all claims to be resolved by way of binding arbitration. The section below titled “Class Action Waiver” contains a binding class action waiver. Please read both sections carefully, as they affect your legal rights and how any disputes between you and Arnie would be resolved.
Please refer to Arnie's ADV for current services offered.
The provision of advisory services to 401(k) plans and their participants is governed by the service agreements between Arnie and plan sponsors (referred to as ‘Client’). Each of the foregoing agreements, collectively and individually, are referred to herein as the “Client Agreements.” You should read any applicable Client Agreements carefully before determining whether to engage Arnie to provide you with advisory and/or other financial services.
In general, references to “Arnie” on the Platform refer to “Arnie Inc.”. However, for purposes of these Terms and Conditions, the term “Arnie” refers collectively to Arnie Inc., and its wholly owned subsidiaries Arnie Advisors, LLC, and Arnie Technologies LLC as well as their respective affiliates, partners, agents, and employees.
The Platform is only intended for use by persons located in the United States. Arnie makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, Arnie makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.
The Platform is not a solicitation for services intended for an individual. The publicly available portions of the Platform are intended to provide information for use by a Plan Sponsor or an individual who is authorized to act as a plan sponsor (an authorized signatory of a company or organization that is able to sponsor a 401k plan). Any information taken from an individual in the form of a waitlist is for the sole purpose of communicating with them to determine whether they are authorized to act as a Plan Sponsor. Any participant of the plan will only gain access to Arnie’s services through the Client Agreement between Arnie and the Plan Sponsor and anything viewed on the publicly available portions of the Platform is for informational purposes only.
Arnie’s advisory services are only offered through its subsidiary, Arnie Advisors LLC. All services offered are outlined in the ADV which can be found at https://adviserinfo.sec.gov/. All other services as described on the publicly available platform are not necessarily available at this time.
The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not a part of a Client Agreement) are provided for informational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, Arnie will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.
Arnie reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms of Use, and the provision of any investment advisory services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms of Use to the contrary, in the event of any conflict between the Terms of Use and a Client Agreement, the Client Agreement shall control.
Arnie makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Platform does not represent the actual performance of any specific account and may not reflect all factors that could impact such performance for a client, plan sponsor, or participant. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at Arnie may lose value. Arnie does not sponsor a wrap fee program. Fees are outlined on our publicly available Platform and your individual Client Agreement.
The return, composite, and performance information that may be shown on the Platform may use or include information compiled from third-party sources, including independent market quotations, ESG company ratings, and index information. Arnie believes the third-party information comes from reliable sources, but does not guarantee its accuracy.
The Platform links to certain content created by third parties that are not affiliated with Arnie. Arnie is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. Arnie assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal or professional, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.
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 Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Arnie’s express written consent, which may be withheld in Arnie’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 Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Google Chrome).
- 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 Platform.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.
If you register to use the Platform, we may require you to create an account with a username and password. You agree to secure and protect your username and password, make your password sufficiently complex to minimize the risk of unauthorized access to your account, and monitor your account for any suspicious transactions. You should notify us immediately if the username or password to your account is compromised or lost or if your account has been compromised in some way.
When you log in to the Platform, we will act on your instructions, including instructions to change investment selections and authorize distributions. WE ARE NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD BEFORE WE ARE NOTIFIED OF A COMPROMISE.
Authorized employees or agents of Arnie may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with Arnie for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. Arnie may also archive your communications with Arnie for regulatory and other purposes.
In order to use the payment functionality of Arnie's application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize Arnie to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through Arnie's application, and Dwolla account notifications will be sent by Arnie, not Dwolla. Arnie will provide customer support for your Dwolla Account activity, and can be reached at https://www.arnie.co, info@arnie.co, and (415) 212-8285.
NEITHER ARNIE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE) OR ANY THIRD PARTY’S USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER ARNIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL ARNIE’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
All products, services, and content on the 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. Arnie specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform. Arnie does not guarantee that the Platform will operate error-free or that the platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Arnie, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns, from any and all liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms of Use or use of the Platform. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. Arnie reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Arnie’s defense of such matter.
These Terms of Use, all Website activity, the relationship of the parties, and Disputes (as defined above) will be governed by the laws of the United States of America and the applicable laws of the State of California (without regard to conflicts of law principles). You and we agree that these Website Terms affect interstate commerce and that the interpretation and enforceability of the Disputes section above shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.
You agree that any dispute or claim arising out of your use of the Platform (including any publicly available portions of the Platform) and including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Website Terms. This arbitration agreement includes any controversy involving the performance, construction, or breach of these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, subject to these Website Terms, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Website Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. The JAMS rules are available on JAMS’ website, www.jamsadr.com. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in San Francisco unless we agree otherwise or the Minimum Standards (as defined below) apply and require otherwise. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and Arnie agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.You have the right to opt out of binding arbitration by sending a timely written notice of your decision to opt out, within thirty (30) days of the date you first become subject to this arbitration agreement. If you want to opt out, your notice must be sent in writing to:
Arnie, Inc.
31 29th St
San Francisco, CA 94110
The opt-out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration. If you opt out of this arbitration agreement, all other parts of these Website Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have with us (or any of us), or may enter into in the future with us (or any of us).
If any part or parts of this arbitration agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.
You agree that any arbitration or proceeding shall be limited to the dispute between Arnie and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against Arnie only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Any waiver of any provision contained in these Terms of Use 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 of Use is determined to be 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.
You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of Arnie, and any prohibited assignment will be null and void. Arnie may assign these Terms of Use or any rights hereunder without your consent.
We reserve the right to change these Terms of Use by posting a revised agreement. If you don't agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.
If any part of these Terms of Use are found to be invalid or unenforceable, it will not affect the validity or enforceability of any other part of these Terms of Use, which will continue in full force and effect.
Nothing in these Terms of Use may be read to waive compliance with the Investment Advisers Act of 1940 or the rules thereunder, or ERISA or the rules or any order thereunder.
If you do not comply with these Terms of Use and we do not take enforcement action right away, that does not constitute a waiver and we are not giving up any rights that we may have (such as taking enforcement action in the future).
Certain features on the Platform may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.