Aquium LP — Website Terms and Conditions
1. Acceptance and Important Notice
By accessing or using www.aquiumlp.com (the “Site”), you agree to these Terms and Conditions (the “Terms”) and to our Privacy Notice, which is incorporated by reference. If you do not agree, do not use the Site.
Who we are. The Site is operated by NextGen Family Office LLC, doing business as Aquium Legacy Partners (“Aquium,” “we,” “us,” or “our”), an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”). Registration with the SEC does not imply a certain level of skill or training.
No offer or solicitation. The Site is provided for general informational purposes only. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any security, fund interest, or investment advisory service. Any such offer will be made only through definitive offering or advisory documents, and only where permitted by law.
No investment, legal, or tax advice. Content on the Site is not individualized investment, legal, tax, or accounting advice. Use of the Site does not create an adviser–client relationship. That relationship begins only when you and Aquium sign a written investment advisory agreement.
Past performance. Any performance or market information on the Site is historical and not a guarantee of future results. All investments involve risk, including the possible loss of principal.
Regulatory disclosures. Aquium's Form ADV Part 2A brochure and Form CRS (if applicable) are available on request and at adviserinfo.sec.gov.
2. Use of the Site
Eligibility. The Site is intended for adults 18 or older residing in the United States. Content may not be appropriate or lawful in other jurisdictions.
License. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your personal, non-commercial purposes, subject to these Terms.
Prohibited conduct. You agree not to:
- Use the Site for any unlawful, fraudulent, or misleading purpose
- Attempt to gain unauthorized access to the Site, its servers, or any client portal or account
- Introduce viruses, malware, or other harmful code
- Scrape, harvest, or data-mine the Site by automated means without our written consent
- Interfere with the Site's security, operation, or other users' access
- Impersonate any person or misrepresent your affiliation with any person
- Copy, frame, or redistribute Site content except as these Terms allow
Client portals and third-party platforms. Some links on the Site may lead to client portals hosted by custodians or reporting vendors. Your use of those portals is governed by their own terms and any agreement you have with Aquium. You are responsible for keeping your login credentials confidential and for notifying us promptly of any unauthorized use.
Information you submit. Do not send confidential account information, Social Security numbers, or trading instructions through the Site's contact forms or by unsecured email. Requests to trade or move funds are not effective until Aquium confirms receipt and acts on them.
Availability. We may modify, suspend, or discontinue any part of the Site at any time without notice.
3. Text Messaging (SMS) Terms
Program description. If you opt in, Aquium Legacy Partners may send you text messages related to your relationship with us, such as appointment reminders, meeting scheduling, document-signing and account-service notifications, and responses to your inquiries. We do not send marketing or promotional text messages to clients unless you separately agree to receive them.
Consent. You opt in by providing your mobile number and checking the SMS consent box on our website form, by signing a written consent, or by texting START to our number. Consent to receive text messages is not a condition of purchasing any product or service.
Message frequency. Message frequency varies based on your account activity and requests.
Costs. Message and data rates may apply, according to your mobile carrier's plan.
Opt out. You may cancel at any time by replying STOP to any message. You will receive one final message confirming that you have been unsubscribed. To rejoin, reply START.
Help. For assistance, reply HELP to any message, call (216) 400-0052 Ext 800, or email cco@aquiumlp.com.
Carriers. Mobile carriers are not liable for delayed or undelivered messages.
No sensitive information. Text messages are not encrypted. We will not request, and you should not send, Social Security numbers, account numbers, passwords, or trading instructions by text.
Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Notice for details.
4. Intellectual Property, Links, and Privacy
Ownership. The Site and its content, including text, graphics, logos, the names “Aquium” and “Aquium Legacy Partners,” and the Site's design, are owned by or licensed to Aquium and protected by U.S. copyright, trademark, and other laws. Except for the limited license in Section 2, no rights are granted to you.
Third-party content and links. The Site may include data from, or links to, third-party websites. We provide these for convenience only. We do not control, endorse, or verify them and are not responsible for their content, accuracy, or privacy practices. Your use of third-party sites is at your own risk.
Privacy. Our collection and use of personal information is described in our Privacy Notice, available on the Site. By using the Site, you acknowledge that Notice. In particular, no mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent will not be shared with any third parties.
Cookies and analytics. The Site may use cookies and similar technologies to operate the Site and understand how it is used. You can control cookies through your browser settings; disabling them may affect Site functionality.
Electronic communications. Communications sent through the Site or by email may be retained and reviewed by Aquium as required by SEC recordkeeping rules.
5. Disclaimers, Limitation of Liability, and Indemnification
Disclaimer of warranties. The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, Aquium disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free. Information on the Site is current only as of the date shown and may change without notice.
Limitation of liability. To the fullest extent permitted by law, Aquium and its members, managers, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of, or inability to use, the Site or its content.
Indemnification. You agree to indemnify and hold harmless Aquium and its members, managers, officers, employees, and agents from any claims, losses, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms or misuse of the Site.
Non-waiver of rights. Nothing in these Terms waives or limits any right you may have under federal or state securities laws, including the Investment Advisers Act of 1940, that cannot be waived by contract, or any obligation Aquium owes to its clients under a written advisory agreement.
6. Governing Law, Changes, and Contact
Governing law and venue. These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules, and applicable federal law. Any dispute arising from the Site will be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you consent to their jurisdiction. Disputes arising under an advisory agreement are governed by that agreement.
Changes to these Terms. We may update these Terms at any time by posting a revised version on the Site with a new effective date. Your continued use of the Site after a change means you accept the revised Terms.
Miscellaneous. If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Notice, are the entire agreement between you and Aquium regarding the Site; they do not replace any advisory agreement you have with us.
Contact. Aquium Legacy Partners, Attn: Chief Compliance Officer, 9590 Shaker Court, Olmsted Township, Ohio 44138 · (216) 400-0052 Ext 800 · cco@aquiumlp.com