Max Client Account Addendum — Information Sharing
Last Revised: May 1, 2017
YOU SHOULD PRINT OR SAVE THIS ADDENDUM BY USING THE “PRINT” OR “FILE
SAVE” OPTIONS ON YOUR INTERNET BROWSER.
You (“you” or the “Client”) and Six Trees Capital LLC, a
Delaware limited liability company (“Max”), agree to
enter into this addendum (the “Addendum”) to the Max
Client Account Agreement (the “Account Agreement”) entered into
by you at the time you registered as a user of MaxMyInterest.com
(the “Site”). You may access your Account Agreement
here. Capitalized terms used but not defined in
this Addendum have the meanings set forth in the Account Agreement.
This Addendum is effective as of the date that you first accept this
Addendum (the “Effective Date”) through the Site.
This Addendum is an addendum to, and supplements and forms part of,
the Account Agreement entered into between you and Max with
respect to, among other services, the sharing of your personal
financial information with your personal financial advisor and the
institution with which he or she is affiliated. The sharing of this
personal financial information at your request constitutes an
additional Service of Max for purposes of the Account
By accepting this Addendum, you acknowledge and agree that you remain
bound by all the terms of the Account Agreement, including without
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 conflict with the Account Agreement.
1. Sharing of Personal Financial Information
You may identify to Max one individual who serves as your
personal financial advisor (the “Financial Advisor”) by
providing their name and email address to Max through the
By providing your Financial Advisor’s name and email address to
Max, you agree and consent that:
- (i) Max may contact your Financial Advisor on your behalf at
the email address you provide.
- (ii) Max may share any of your personal financial
information held by Max, including without limitation your
Linked Account balances, current optimization status and any tax
documents, with your Financial Advisor, the financial institution
with which they are affiliated (the “Institution”) and their
respective directors, officers, employees, contractors,
subcontractors, affiliates, representatives, service providers and
agents (collectively, “Representatives”).
- (iii) Max will not verify, and is not responsible for
verifying, the identity, qualifications or suitability of your
Financial Advisor, the Institution or their respective
Representatives, nor the authority of your Financial Advisor or
Institution to share (or request Max to share) your personal
financial information with any person that your Financial Advisor or
Institution identifies as a Representative. You are solely
responsible for any errors in the Financial Advisor email address
that you provide.
- (iv) You are solely responsible for complying with the terms of all
agreements between you and your Financial Advisor, the Institution
and their respective Representatives. Without limiting the
generality of the foregoing, you are solely responsible for all fees
that may be charged by your Financial Advisor, the Institution or
their respective Representatives in connection with your use or
their use of the Site and Services.
- (v) Max is not responsible for any use, misuse or disclosure
of your personal financial information by your Financial Advisor,
the Institution or their respective Representatives or any other
- (vi) Before your personal financial information may be shared with
your Financial Advisor, the Institution or their respective
Representatives, the Financial Advisor (or the Institution, as may
be the case) must establish a Max account and enter into an
advisor account agreement with Max. Max may accept
or reject any request to enter into an advisor account agreement in
its sole and absolute discretion.
- (vii) Under certain circumstances, the branding and “look-and-feel”
of the Site may be modified by your Financial Advisor or the
Institution. These cosmetic changes are governed by an agreement
between Max and your Financial Advisor or the Institution
and may not be modified by you.
- (viii) Max is not a partner, agent, joint venturer or
affiliate of your Financial Advisor or the Institution. The display
of your Financial Advisor’s or the Institution’s name or logo on the
Site does not constitute an endorsement or recommendation by
Max of your Financial Advisor or the Institution.
- (ix) Max may terminate this Service, or refuse to provide
your personal financial information to your Financial Advisor, the
Institution or their respective 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 you from
directly sharing your personal financial information with your
Financial Advisor or the Institution).
- (x) In the event that your Financial Advisor ceases to be affiliated
with the Institution, but you retain an account at the Institution,
the Institution may substitute an alternative individual to serve as
your financial advisor, and upon notice to you and Max, such
individual shall become the “Financial Advisor” for purposes of this
Addendum. The foregoing substitution of Financial Advisor does not
in any way impair your right to revoke consent to sharing of your
personal information as provided under Section 2 below.
2. Revocation of Consent
You may revoke your consent to Max’s sharing of your personal
financial information with your Financial Advisor, Institution and
their respective Representatives at any time by (i) visiting your
member Profile page within your Max account, (ii)
deleting your Financial Advisor’s email address from that page, and
(iii) clicking to save your changes. Any such revocation of consent
will generally be effective immediately, but in all cases within 48
hours, with respect to sharing of new information with your Financial
Advisor, Institution and their respective Representatives. You
understand and acknowledge that your Financial Advisor, Institution
and their respective Representatives may retain copies of your
previously accessed information and that Max has no obligation
to seek the return or destruction of such information.
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 Account
Agreement (as supplemented hereby) as of the Effective Date.
4. Changes to this Addendum
This Addendum may be amended or modified by Max at any time
upon notice to you in the same manner as the Account Agreement may be
amended or modified. This Addendum will remain in effect
notwithstanding any amendments or modifications to the Account
Agreement made after the Effective Date, in which case this Addendum
will supplement and form a part of the Account Agreement as so