Terms and Conditions of Use

The website located at https://www.familyofficeassociation.com and https://www.familyofficeassociation.us and the associated mobile and/or web application (collectively, the “Application”) are published, owned, and operated by Family Office Association, LLC (collectively with its subsidiaries, affiliates, and related entities “Family Office Association,” “FOA” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of all services offered on or as part of the Application, including, without limitation, any content or functionality provided through the Application.

These Terms include an arbitration clause. Please read them carefully before using the Application.

By accessing, browsing, submitting information to, or using the Application, you agree that you have read, understand, and accept these Terms and agree to comply with all applicable laws, including all federal, state, and local tax and tariff laws, regulations, and directives. If you do not agree to these Terms, do not use the Application.

Purpose of the Application

The Application is available exclusively to subscribing (registered) members of the FOA community and is provided to such members for informational purposes and to facilitate communication between and among such members and/or FOA. It is provided for informational purposes and facilitates communication between you, other users, and FOA. The information shared is general and may not address all terms, exclusions, or conditions related to our products and services.

We do not guarantee the accuracy, completeness, or usefulness of this information, and reliance on it is at your own risk. FOA disclaims all liability for reliance on such content by you or any visitor. Additionally, FOA is not responsible for communications or content shared between users through the Application. Information you provide or that is collected via the Application is handled in accordance with our Privacy Policy, which is incorporated by reference.

Use of the Application

FOA grants you a non-exclusive, non-transferable license to access and use the Application and its content (“Content”) for personal, non-commercial purposes. You agree to use the Application lawfully and in compliance with these Terms and all applicable laws. Prohibited uses include:

Copying, modifying, creating derivative works from, or exploiting the Content.
Posting inappropriate, defamatory, or harmful content.
Introducing viruses, malware, or other harmful technologies.
Unauthorized access to accounts or systems.
Impersonating others or misrepresenting your identity.

User Account Responsibility

If you create an account, you are responsible for maintaining its confidentiality and for all activities under your account. Notify FOA immediately of unauthorized account use. FOA is not responsible for any loss resulting from unauthorized account access.

Notice and Consent to SMS/Text Messaging and Phone Calls

By providing your information (mobile number), you consent to receive communications from FOA for authentication, updates, and other purposes. You may opt out at any time by following instructions provided in our communications. Standard message and data rates may apply.

Intellectual Property Notices

The Application and its Content are protected by copyrights, trademarks, and other proprietary rights. You may not use the Application or its Content except as expressly permitted by FOA. Unauthorized use may result in legal consequences.

Disclaimer

ALL INFORMATION AND SERVICES PROVIDED THROUGH THE APPLICATION ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. FOA DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE APPLICATION IS AT YOUR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FOA OR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THE USE OF THE APPLICATION OR ITS CONTENT.

Changes to the Terms

FOA reserves the right to update these Terms at any time. Continued use of the Application constitutes your acceptance of the revised Terms.

Arbitration Clause

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, your membership in FOA, any services provided by FOA (including but not limited to those available through the Application), or your use of the Application (collectively, “Disputes”), shall be resolved exclusively through binding arbitration. This agreement to arbitrate applies equally to you and FOA, its affiliates, predecessors in interest, successors, and assigns.

Arbitration Rules and Forum: The arbitration shall be conducted by a single neutral arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect. The arbitration shall take place in a location mutually agreed upon by the parties, or, if no agreement can be reached, in a location determined by the arbitrator. The arbitrator shall apply the substantive law of the state in which FOA is primarily located, without regard to conflict-of-law rules.

Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve all Disputes, including any questions relating to the interpretation, enforceability, or scope of this arbitration agreement. The arbitrator shall have no authority to consolidate claims or to hear any arbitration as a class or representative action. The arbitrator shall issue a reasoned written decision sufficient to explain the award and the findings and conclusions on which it is based.

Waiver of Class Actions: To the fullest extent allowed by applicable law, you agree that all Disputes will be resolved on an individual basis and that you shall not bring or participate in any class, collective, or representative action against FOA. You further agree that no arbitration proceeding under these Terms shall be consolidated or joined with any other parties’ claims, including those of other users or members, without the express written consent of FOA.

Cost Sharing: Each party shall be responsible for its own attorneys’ fees and costs, unless otherwise provided by applicable law or awarded by the arbitrator. The cost of the arbitration, including the arbitrator’s fees, shall be allocated according to the AAA Rules or as otherwise determined by the arbitrator.

Enforceability: If any provision of this arbitration clause is found unenforceable, the remainder shall be enforced to the fullest extent permitted by law. This arbitration clause shall survive the termination of these Terms, your membership, your receipt of FOA services, or your relationship with FOA.

By using the Application, maintaining membership in FOA, or receiving any FOA services, you acknowledge and agree to resolve any Disputes as described above. If you do not agree to arbitration as set forth herein, you must immediately cease using the Application, terminate your membership, and refrain from receiving any FOA services.

FOA reserves the right to suspend or eliminate your access to the Application at any time in its discretion. For questions, please contact us at communications@familyofficeassociation.com or visit https://www.familyofficeassociation.com/contact.