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.
Max Advisor Account Addendum
Last Revised: May 9, 2022
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
1. Sharing of Customer Information
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:
- (i) Client Information is provided as-is, for informational purposes
only, and is only provided to you and your Representatives as of the
last date it was updated by Max. Max assumes no
responsibility for its timeliness or accuracy.
- (ii) You and your Representatives are solely responsible for
complying with the terms of all agreements and laws applicable to
your relationship with your Client.
- (iii) You may not charge any markup or additional fees to your
Client for your Client’s use of Max, the Service or the Site
without the express written permission of Max (it being
understood that the foregoing will not prohibit you from charging
your standard advisory fees to your Client). Without limiting any
other remedy that may be available to Max, any violation of
this provision will constitute grounds for immediate termination of
your access to the Service.
- (iv) Before your Client may share their Client Information with you
through the Site, your Client must establish a Max account
and enter into an account agreement with Max. Max
may accept or reject any request to enter into an account agreement
in its sole and absolute discretion.
- (v) Except as expressly authorized in this Addendum or in another
written agreement entered into between you (or your firm) and
Max, you shall refrain from making any statements or taking
any actions that may reasonably lead any person to believe that you
or your firm and Max are affiliated in any way.
- (vi) Max may terminate this Service, or refuse to provide
Client Information to you and/or your Representatives at any time or
from time to time, in its sole and absolute discretion (it being
understood that the foregoing restriction will not prevent your
Client from directly sharing personal financial information with you
and/or your Representatives).
- (vii) You will only provide Client Information to those of your
Representatives who are providing services to the Client, and only
to the extent needed for such Representatives to provide those
- (viii) You are liable for any action or omission by your
Representatives that would be deemed a breach of this Addendum or
you hereby assume all liability for damages relating to or arising
out of any such action or omission by your Representatives.
2. Revocation of Access
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.
3. Representations and Warranties
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 are duly authorized to enter into this Addendum and perform your
- You are one or more of the following: a) an investment adviser
representative of a registered investment adviser in good standing
with the United States Securities and Exchange Commission and/or
otherwise legally registered under a state’s securities agency; b) a
registered representative of a broker-dealer subject to Financial
Industry Regulatory Authority and/or other agencies and
self-regulatory organizations; c) member of a family office; or d)
an advisor providing financial planning services. If at any time you
cease to be so registered and in good standing; cease to provide
family office services; or cease providing any financial planning
services, as applicable, you must cease to use this Service and
notify Max immediately of the change. Furthermore, if you
change your affiliation or business email, you will notify
Max immediately of the change.
- You are currently retained by Client as their financial advisor.
- You and your Representatives are accessing Client Information for
the sole direct benefit of your Client, in your capacity as their
authorized legal agent and financial advisor.
- Your and your Representatives’ use of the Service and the provision
of your services to your Client will comply with all applicable law.
4. Protection of Client Information
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.
5. Indemnification for Client Information
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.
6. Changes to this Addendum
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