With Max, your clients can now earn up to 1.00% yield on
cash, FDIC-insured. That’s 0.80% to 1.00% more than most investors
are earning today in traditional bank accounts or money market funds
that aren’t insured.
The Max Advisor Dashboard provides financial advisors with
read-only access to their clients’ personal financial
information held by Max, including account balances. In
addition to your consent below, use of this service also
requires your client to have a Max account and consent
to the sharing of their personal financial information with you.
Last Revised: November 4, 2016
YOU SHOULD PRINT OR SAVE THIS ADDENDUM BY USING THE “PRINT” OR “FILE
SAVE” OPTIONS ON YOUR INTERNET BROWSER.
You (“you” or the “Advisor”) and Six Trees Capital LLC, a Delaware
limited liability company (“Max”), agree to enter into this
Max Advisor Account Agreement (the “Addendum”) as an addendum
on you as a user of MaxMyInterest.com (the “Site”). You may
here. Capitalized terms
used but not defined in this Addendum have the meanings set forth in
first accept this Addendum (the “Effective Date”) through the Site.
This Addendum is an addendum to, and supplements and forms part of,
to, among other services, your access to personal and financial
information of other Max users for whom you serve as their
By accepting this Addendum, you acknowledge and agree that you are
limitation those terms relating to limitations of liability,
disclaimers of warranties, arbitration and indemnification; provided
that the terms of the Addendum shall govern in the event of any
This information sharing service (the “Service”) allows your clients
(each a “Client” and collectively “Clients”) who have a Max
account to share certain portions of their User Information and User
Financial Information (collectively, the “Client Information”) with
you and your (and if applicable, your firm’s) directors, officers,
employees, contractors, subcontractors, affiliates, representatives,
service providers and agents (collectively, your “Representatives”).
In order to access Client Information for one of your Clients, your
Client must first identify you as their personal financial advisor to
Max through the Site.
By viewing Client Information of any Client, you hereby represent to
Max that you are such Client’s actual financial advisor with
authority to access such Client’s Client Information, and where
applicable, to make such Client Information available to your
Representatives. If at any time you cease to be the Client’s actual
financial advisor, or the Client revokes your authorization to access
their Client Information (whether or not through the Site), you and
your Representatives must immediately cease to use this Service and
you must notify Max immediately of the change.
By entering into this Addendum to use the Service on behalf of your
Client, you agree and consent that:
Your Client may revoke their consent to Max’s sharing of
Client Information with you at any time, at which time you and your
Representatives will lose access to any of that Client’s Client
Information. You agree that upon revocation of your access to Client
Information by a Client, you and your Representatives will no longer
seek to access such Client’s Client Information through the Site. In
addition, you agree to voluntarily withdraw your and your
Representatives’ access to Client Information if at any time you cease
to be the financial advisor of a Client (whether or not the Client
revokes your access through the Site). You can voluntarily withdraw
your access to Client Information by contacting Max Member
Services at firstname.lastname@example.org.
By entering into this Addendum, you hereby make each of the
representations and warranties set forth in Section 3 of the Terms of
Use (as supplemented hereby) as of the Effective Date.
In addition, by entering into this Addendum, you hereby represent and
You and your Representatives will hold all Client Information in
strict confidence. Without limiting the generality of the foregoing,
you agree to, and to cause your Representatives to, comply with all
applicable laws and regulations relating to the privacy of Client
Information, including, without limitation, the data privacy and
security requirements arising from the Gramm-Leach-Bliley Act,
Regulation S-P, the FACT Act, and all applicable state laws dealing
with nonpublic personal data and information.
You shall require your Representatives with access to Client
Information to execute (or have executed within the preceding six (6)
months) a confidentiality and nondisclosure agreement with you having
terms and provisions prohibiting use and disclosure of Client
Information substantially similar to and no less restrictive than the
terms and provisions in this Addendum.
Without limitation of your indemnification obligations under the Terms
of Use, you agree to defend and indemnify the Max Parties (as
against any and all claims, liabilities, damages, losses, and
expenses, including without limitation reasonable attorney’s fees and
costs, arising out of or in any way connected with (i) your or your
Representatives’ access to Client Information or use of this Service;
(ii) your or your Representatives’ violation of this Addendum,
including breach of any of your representations and warranties
contained in this Addendum; (iii) your or your Representatives’ loss,
misuse or unauthorized disclosure of any Client Information; and (iv)
your or your Representatives'violation of any applicable law or
regulation in connection with the Service or Client Information.
Max reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you will assist and cooperate with Max in
asserting any available defenses. You agree not to settle any such
matter without the prior written consent of Max. Max
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it. Each of the Max Parties
is an express third party beneficiary of this Section 5 with full
rights to enforce its terms.
This Addendum may be amended or modified by Max at any time
amended or modified. You are responsible for notifying your
Representatives of any such changes. This Addendum will remain in
effect notwithstanding any amendments or modifications to the Terms of
Use made after the Effective Date, in which case this Addendum will
not amend this Addendum without the prior written agreement of