Last updated on October 23, 2018
1. Description of our Services
Our goal is to provide you with a personalized money management solution for a better financial life. Our services (“Services”) are comprised of the following features as follows:
Financial account aggregation
Financial account aggregation is an optional Service you may utilize by providing financial account credentials, to securely connect with third party financial institutions, to present your financial information on our Dashboard. Our account aggregation Services are regularly refreshed, effortlessly providing you with up-to-date financial account information.
Your financial account information, collected through account aggregation or manual account information you provide, is used to display your consolidated financial picture. Financial visualizations include various charts, detailed transactional data and other financial account data, summarizing your financial life at a glance.
You may be eligible to receive a free financial consultation from a registered financial advisor. The consultation is optional for eligible Dashboard users. A financial consultation is a personalized analysis of your financial situation, based on information gathered from your use of our Dashboard or interactively with a registered advisor, to make you aware of potential risks and opportunities within your current financial situation. Your participation in this Service may result in an offer to receive our advisory service, separate from the free financial consultation Service itself. We refer to those who enroll in our advisory service as “Clients”.
2. About Castle Hill
Castle Hill Capital LLC and/or its affiliates (“Castle Hill”, “we”, “us” or “our”) provide a complete financial solution for a better financial life. Our Dashboard provides tools to understand your whole financial picture, up-to-date, at a glance from one secure place. Additionally, we offer personalized investment portfolios, based on an understanding of your financial situation and goals. Our offerings are designed to reduce the stress of meeting your financial goals and tracking your financial affairs, allowing you to enjoy life on your terms.
Castle Hill Capital LLC was established in 2016, and headquartered in York, PA.
3. Agreement and Acceptance of Terms
Your use of the Dashboard and/or Services is subject to our Privacy & Security Statement, which addresses how we gather, use, disclose and manage your personal information. Terms used but not defined in this Agreement have the meanings provided to them in our Privacy & Security Statement.
By accessing or using the Dashboard or any Service, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy & Security Statement as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use the Services. You also agree that:
You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Dashboard or Services in any manner or attempt to access the Dashboard or any Service if you are not willing to be bound and abide by this Agreement.
WE ARE NOT RESPONSIBLE FOR THE FINANCIAL OR OTHER PRODUCTS AND SERVICES OR FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD-PARTY SITES THAT ARE DISPLAYED OR REPORTED THROUGH OUR THE DASHBOARD OR ANY OF OUR SERVICES. While the Dashboard and Services provided by Castle Hill may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
We reserve the right to change or modify this Agreement or our Privacy & Security Statement, or modify or discontinue any portion of the Services or features and functionality provided through the Dashboard, from time to time. We reserve the right to modify or temporarily discontinue your access to the Dashboard or portion thereof, or any Service, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification of the Dashboard, the Services, this Agreement, or your access to the Dashboard or Services.
The Dashboard and Services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they are located, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Dashboard or any Service unless you have reached the legal age of majority in the jurisdiction where you are located.
4. Dashboard and Services - Disclaimers
By using the Services, you understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Castle Hill cannot be guaranteed. All investments entail a risk of loss and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability and differences in financial reporting in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
At the sole discretion of Castle Hill, and for select users only, advisory services may be offered or solicited through a personal advisor ("Advisor”). All Advisors are registered investment advisor representatives of Castle Hill. Your election to become a Client is subject to your explicit enrollment and acceptance of a separate agreement and related fee schedule; all such advisory services are separate from the Dashboard and related Services defined within this Agreement. Please read the disclosure brochure, available at www.castlehill.capital, which explains this separate advisory service in more detail
5. Cost of Service
Your use of the Dashboard and related Services are offered free of charge. We may offer you additional services, such as advisory services, which you may elect to participate in or not, for a fee. Castle Hill reserves the right, in its sole discretion, to amend or change it pricing policy for its current Services or any additional services that we may offer.
6. Data and Data Integrity
The overall integrity and quality of the data presented by Castle Hill to you is an important element in providing you with a high quality and accurate picture of your personal finances. Castle Hill, however, is not responsible for and cannot guarantee the accuracy or timeliness of Account Information we retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide the Services.
Castle Hill may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. Castle Hill assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. Castle Hill encourages you to periodically confirm the valuation or execution price of particular investments through independent sources, such as an investment adviser, broker-dealer or other financial institution.
7. Other Obligations While You Use the Services
Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your Account you must contact us IMMEDIATELY at email@example.com.
Accurate and Up-to-Date Information: Our Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with online security as described in our Privacy & Security Statement. Those assurances are conditioned upon your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts).
You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Login or passwords; (ii) use our Dashboard, Services or any of your accounts for illegal purposes, (iii) use our Dashboard or Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of the Dashboard or Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Dashboard or Services, including but not limited to any software applications, Java applets or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Dashboard or Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; ix) transfer or resell our Dashboard or Services.
Consent to Recording: You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us and any of our Affiliates in connection with this Agreement or the Services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all financial insights or investment advice that we provided to you.
8. Confidentiality and Feedback
We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our confidential information (“Confidential Information”). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third party, including, without limitation, any members of the press or colleagues. Feedback may be submitted to firstname.lastname@example.org.
9. Third Party Software and Service Providers
10. Ending Your Relationship with Castle Hill
This Agreement will continue to apply until terminated by either you or us as set out below.
Please use the directions below to close your Account:
Email email@example.com from the email address associated with your Account, indicating “CANCEL” in the subject line of the message.
We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
11. Change of Terms
We may revise this Agreement at any time, and therefore we suggest that you check this Agreement from time to time. Your continued access or use of the Dashboard or any of the Services indicates your agreement to be bound by any such revisions.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Dashboard, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
13. Not a Legal or Tax Advisor
We make managing your personal finances convenient and as streamlined as possible. However, neither we nor our Services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. Castle Hill separately offers and provides investment advice.
14. Waiver and Severability
We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.
15. Section Headings
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
16. English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.