1. Acceptance of Terms
These Terms of Service (the “Terms”) constitute a binding agreement between you and ANDBANC ADVISORY LLC (“ANDBANC,” “we,” “us,” or “our”), a limited liability company with its principal office at 201 South Biscayne Blvd Suite 1100, Miami, FL 33131. By accessing andbanc-advisory.com (the “Site”) or purchasing a subscription, you agree to these Terms, our Privacy Policy, and our SMS Alerts Terms. If you do not agree, do not use the Site or Services.
2. Who We Are
ANDBANC ADVISORY LLC is an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”), SEC File No. 801-79716, CRD No. 150463. Registration with the SEC does not imply a certain level of skill or training. Our current registration status and firm information are available at adviserinfo.sec.gov/firm/summary/150463.
3. Description of Services
We offer: (a) subscription-based investment information services, including SMS market alerts, daily briefings, watchlists, and research (the “Subscription Services”); and (b) personalized advisory services, including portfolio management and consulting, which are governed by a separate written investment advisory agreement (the “Advisory Services”). These Terms apply to the Site and Subscription Services; Advisory Services are additionally governed by their own agreements and our Form ADV brochure.
4. Investment Disclaimers — Please Read
- Content provided through the Site and Subscription Services is general, impersonal investment information furnished to all subscribers of a plan tier. It is not tailored to the investment objectives, financial situation, or needs of any individual, and it is not an offer, solicitation, or recommendation to buy or sell any security.
- Investing involves risk, including the possible loss of principal. Past performance is no guarantee of future results. Hypothetical or example trades are for illustration only.
- Options and digital assets involve substantial risk and are not suitable for every investor. Before trading options, read Characteristics and Risks of Standardized Options (ODD), available from your broker or theocc.com.
- You are solely responsible for your investment decisions. Consider consulting a qualified professional who knows your circumstances before acting on any information we publish.
5. Eligibility and Account Responsibilities
You must be at least 18 years old and a resident of a jurisdiction where our Services are lawfully offered. You agree to provide accurate information at enrollment, to keep your contact details current, and to maintain the confidentiality of any account credentials. You are responsible for all activity under your account.
6. Subscriptions, Billing, and Renewal
- Fees. Subscription fees are stated on our Pricing page and are billed monthly in advance in U.S. dollars. Fees are for information services only and are not contingent on investment performance.
- Auto-renewal. Subscriptions renew automatically each billing cycle until canceled. By enrolling, you authorize us (through our payment processor) to charge your designated payment method at each renewal.
- Price changes. We may change subscription fees upon at least 30 days’ advance notice; the new fee applies from your next renewal after the notice period.
- Failed payments. If a payment fails, we may retry and/or suspend access until payment succeeds.
7. Cancellation and Refunds
- Cancellation. You may cancel at any time by emailing [email protected]. Cancellation takes effect at the end of the current paid billing period; no partial-period refunds are provided except as stated below or required by law.
- Introductory refund. New subscribers may request a full refund within 14 days of the start of their initial subscription term.
- SMS opt-out. Replying STOP ends text message delivery but does not cancel billing. To cancel billing, contact support as described above.
8. Acceptable Use
You agree not to: (a) redistribute, resell, or publicly post our alerts, briefings, or other content, in whole or in part, without written permission; (b) use the Services for any unlawful purpose, including market manipulation; (c) attempt to probe, scrape, or disrupt the Site or its infrastructure; (d) misrepresent your identity or affiliation; or (e) use the Services if you are a securities industry professional intending to republish our content commercially. Violation may result in immediate termination without refund.
9. Intellectual Property
The Site, its content (including all alerts, briefings, research, text, graphics, and logos), and the ANDBANC name and mark are the property of ANDBANC ADVISORY LLC or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to access and use the content for your personal, non-commercial use during your subscription. No other rights are granted.
10. Third-Party Content and Links
The Site may reference or link to third-party data, news, or websites. We do not control and are not responsible for third-party content, and inclusion does not imply endorsement. Market data may be delayed or contain errors; verify pricing with your broker before trading.
11. Disclaimer of Warranties
THE SITE AND SUBSCRIPTION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY INFORMATION WILL PRODUCE PROFITS OR AVOID LOSSES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANDBANC ADVISORY LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING INVESTMENT LOSSES, LOST PROFITS, OR LOST DATA — ARISING FROM OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SUBSCRIPTION SERVICES WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the greatest extent permitted. Nothing in these Terms limits liability that cannot be limited under applicable securities laws.
13. Indemnification
You agree to indemnify and hold harmless ANDBANC ADVISORY LLC from claims, losses, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Services, or your violation of any law or third-party right.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Any dispute arising from these Terms or the Subscription Services will be resolved by binding arbitration administered by the American Arbitration Association in Miami-Dade County, Florida, on an individual basis, except that either party may seek injunctive relief in court for intellectual-property misuse. You and ANDBANC each waive the right to a jury trial and to participate in a class action to the fullest extent permitted by law. Nothing in this section limits any non-waivable rights you may have under federal or state securities laws.
15. Changes to the Services or Terms
We may modify the Site, the Services, or these Terms at any time. Material changes will be posted on this page with an updated “Last Updated” date and, where appropriate, notified by email or SMS. Continued use after the effective date constitutes acceptance. If you do not agree to a change, cancel your subscription before it takes effect.
16. Termination
We may suspend or terminate access immediately for breach of these Terms, unlawful use, or non-payment. Upon termination, your license to use the content ends; Sections 4, 8–15 survive termination.
17. Miscellaneous
These Terms, together with the Privacy Policy and SMS Alerts Terms, are the entire agreement regarding the Site and Subscription Services. If any provision is found unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale.
18. Contact
ANDBANC ADVISORY LLC
201 South Biscayne Blvd Suite 1100, Miami, FL 33131, United States
Email: [email protected]