CAMARDA WEALTH ADVISORY GROUP
TERMS OF USE
Last Updated: April 17, 2026
These Terms of Use (this “Agreement” or these “Terms”) govern your access to and use of the website located at camarda.com (the “Site”), together with any related webpages, features, content, social media presences, online advertising, and electronic communications made available by the Company (collectively with the Site, the “Services”). The Services are owned and operated by Camarda Financial Advisors LLC, a Florida limited liability company doing business as Camarda Wealth Advisory Group (the “Company,” “we,” “us,” or “our”). “You” and “your” refer to the individual or entity accessing or using the Services.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICES — INCLUDING BY BROWSING THE SITE, SUBMITTING INFORMATION THROUGH ANY FORM, OR ENGAGING WITH THE COMPANY THROUGH ANY THIRD-PARTY PLATFORM WHERE THE COMPANY MAINTAINS A PRESENCE — YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER, AND A JURY-TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT AS DESCRIBED IN SECTION 12, YOU AND THE COMPANY AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING TO THE SERVICES — INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING FROM OR RELATING TO TELEPHONE CALLS, TEXT MESSAGES, PRERECORDED OR ARTIFICIAL-VOICE MESSAGES, RINGLESS VOICEMAILS, AND AI-GENERATED OR AI-ASSISTED COMMUNICATIONS — SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO DISPUTES ARISING FROM OR RELATING TO THE INVESTMENT ADVISORY RELATIONSHIP, WHICH ARE GOVERNED EXCLUSIVELY BY A SEPARATELY EXECUTED INVESTMENT ADVISORY AGREEMENT.
NOTHING IN THESE TERMS OPERATES AS A WAIVER OF ANY NON-WAIVABLE RIGHT OR REMEDY AVAILABLE TO YOU UNDER THE INVESTMENT ADVISERS ACT OF 1940, AND NO PROVISION OF THESE TERMS SHALL BE CONSTRUED TO DO SO.
Table of Contents
- 1. Scope; Relationship to Advisory Services; Jurisdictional Limitations
- 2. Eligibility
- 3. Acceptance and Modification of These Terms
- 4. Privacy Policy
- 5. License and Permitted Use of the Services
- 6. Prohibited Conduct
- 7. Communications With the Company; Consent to Calls, Texts, and Other Communications
- 8. Intellectual Property; Restrictions on Automated Access and AI Training
- 9. Third-Party Platforms, Advertising, and Links
- 10. No Investment, Legal, Tax, or Accounting Advice; Forward-Looking Statements
- 11. Disclaimers of Warranties; Limitation of Liability
- 12. Binding Arbitration; Class-Action and Jury-Trial Waiver
- 13. Indemnification
- 14. Termination
- 15. Governing Law; Exclusive Venue
- 16. Electronic Communications
- 17. Notice of Intellectual Property Infringement
- 18. General Provisions
- 19. Contact Information
1. Scope; Relationship to Advisory Services; Jurisdictional Limitations
1.1 Informational Purpose of the Services.
The Services are maintained by the Company for general informational and marketing purposes. The Services describe, at a high level, the investment advisory services the Company offers as an investment adviser registered with the U.S. Securities and Exchange Commission. The Services are not, and are not intended to be, an offer to sell, or a solicitation of an offer to buy, any security or investment advisory service in any jurisdiction in which such offer or solicitation would be unlawful.
1.2 No Advisory Relationship Created by the Services.
Your access to or use of the Services does not create an investment advisory, fiduciary, brokerage, or any other professional relationship between you and the Company. An investment advisory relationship with the Company is established only upon (a) your execution of a written investment advisory agreement with the Company and (b) the Company’s delivery to you of its Form ADV Part 2A Brochure, Form ADV Part 2B Brochure Supplement, and Form CRS (Customer Relationship Summary). The terms of any such advisory agreement, together with the disclosures in the Company’s Forms ADV and CRS, govern the advisory relationship exclusively.
1.3 Terms Do Not Modify Advisory Agreement.
To the extent of any conflict between these Terms and a written investment advisory agreement between you and the Company, the investment advisory agreement controls with respect to the advisory relationship and any dispute arising from it. Nothing in these Terms modifies, supplements, or supersedes the rights and obligations set forth in such advisory agreement, the Company’s Form ADV, or the Company’s Form CRS.
1.4 Jurisdictional Limitations.
The Company may transact business only in those states in which it is registered or qualifies for an exemption or exclusion from registration. The Services are not directed to, and are not intended to solicit, any person in any jurisdiction where such solicitation would be unlawful. Additional information concerning the Company’s jurisdictional limitations appears on the Website in the Company’s Important Disclosure, which is incorporated into these Terms by reference pursuant to Section 1.5.
1.5 Regulatory Disclosures Incorporated by Reference.
The Company’s Rankings Disclosure, Important Disclosure, Privacy Policy, Form ADV (Parts 1, 2A, and 2B), and Form CRS, each as made available on the Company’s Disclosure / Policies page and each as in effect from time to time (collectively, the “Regulatory Disclosures”), are incorporated into these Terms by reference. The Regulatory Disclosures include, among other things, the Company’s disclosures concerning its affiliations with TaxMaster.US, LLC and the Family Wealth Education Institute, its solicitor and promoter arrangements, and the limitations and compensation arrangements applicable to any third-party ratings or rankings referenced on the Site. In the event of any conflict between these Terms and any Regulatory Disclosure with respect to the subject matter of the Regulatory Disclosure, the Regulatory Disclosure controls.
2. Eligibility
You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to access or use the Services. By accessing or using the Services, you represent and warrant that you meet these requirements. If you are accessing or using the Services on behalf of an entity, you further represent and warrant that you are authorized to bind that entity to these Terms, and references to “you” and “your” include that entity.
3. Acceptance and Modification of These Terms
3.1 Acceptance.
By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by them.
3.2 Modification.
The Company may revise these Terms from time to time in its sole discretion. When the Company makes changes, it will update the “Last Updated” at the top of these Terms and post the revised Terms on the Site. The Company may, but is not required to, provide additional notice of material changes. Your continued access to or use of the Services after the Last Updated date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Services.
3.3 Supplemental Terms.
Certain features of the Services may be subject to additional terms, disclosures, or policies presented to you at the point of use (collectively, “Supplemental Terms”). Supplemental Terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any Supplemental Terms with respect to the feature to which the Supplemental Terms apply, the Supplemental Terms control.
4. Privacy Policy
The Company’s Privacy Policy, as made available on the Site, describes how the Company collects, uses, and discloses information obtained through the Services. The Privacy Policy is incorporated into these Terms by reference. By accessing or using the Services, you acknowledge the Company’s information practices as described in the Privacy Policy.
5. License and Permitted Use of the Services
Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial informational purposes and, if applicable, to evaluate whether to engage the Company for investment advisory services. Any other use of the Services, including any commercial use, is prohibited absent the Company’s prior written consent. The Company may suspend or revoke this license at any time, with or without notice, in its sole discretion.
6. Prohibited Conduct
You agree not to, and not to attempt to, do any of the following in connection with the Services:
- access or use the Services for any unlawful purpose, or in any manner that violates any applicable federal, state, local, or foreign law or regulation;
- reproduce, duplicate, copy, sell, resell, distribute, publicly display, publicly perform, modify, create derivative works from, or otherwise exploit any portion of the Services or any content made available through the Services, except as expressly permitted by these Terms;
- use any robot, spider, scraper, crawler, data-mining tool, automated script, bot, or other automated means or interface not provided by the Company to access, collect, extract, index, or compile any portion of the Services or any content made available through the Services;
- use any substantial portion of the content made available through the Services to train, fine-tune, or develop any artificial-intelligence or machine-learning model, system, product, dataset, or derivative work, whether for your own use or the use of any third party;
- access or attempt to access any portion of the Services not intended to be accessible to you, including any non-public administrative area, API, or back-end system;
- introduce or transmit any virus, worm, Trojan horse, ransomware, logic bomb, time bomb, or other code, file, or program designed or intended to disrupt, damage, limit, or interfere with the proper functioning of any software, hardware, or telecommunications equipment;
- interfere with, disrupt, disable, overburden, or impair the Services, the servers or networks on which the Services are hosted, or any other user’s use of the Services;
- circumvent, disable, or otherwise interfere with any security, authentication, or access-control feature of the Services, or any feature that restricts or limits use of or access to the Services or any content made available through the Services;
- submit any false, misleading, inaccurate, incomplete, or fraudulent information through any form or interface on the Services, including, without limitation, false contact information, a telephone number you are not authorized to provide, or a number associated with a VoIP service or similar technology intended to mask the nature or location of the line;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- upload, transmit, or distribute through the Services any content that is defamatory, obscene, harassing, threatening, or otherwise unlawful, or that infringes any intellectual-property or other right of any person; or
- encourage, facilitate, or assist any third party in engaging in any of the foregoing.
Any breach of this Section 6 constitutes a material breach of these Terms and results in the immediate, automatic revocation of the license granted in Section 5, without prior notice.
7. Communications With the Company; Consent to Calls, Texts, and Other Communications
7.1 Scope of This Section.
This Section 7 governs non-advisory communications between you and the Company — including, without limitation, communications the Company sends in response to your inquiry, in connection with the Company’s marketing of its services, or in connection with the Services. Communications between the Company and an existing advisory client concerning that client’s account or the advisory relationship are governed by the client’s advisory agreement and applicable law, not by this Section 7.
7.2 Prior Express Written Consent.
If you voluntarily provide your telephone number or email address to the Company through any form, interface, or channel made available through the Services (including any form presented on a third-party platform on which the Company maintains a presence), and you affirmatively agree to these Terms in connection with that submission, you expressly acknowledge and agree that you are providing the Company with your prior express written consent, for purposes of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations (collectively, the “TCPA”), and any analogous federal or state law, to receive telephone calls, text messages, multimedia messages, and other communications from the Company and its agents, service providers, affiliates, successors, and assigns, at the telephone number(s) and email address(es) you provide, for marketing, informational, transactional, and relationship-management purposes, including to follow up on your inquiry and to describe the Company’s services.
7.3 Scope of Consent; Technologies Covered.
You expressly acknowledge and agree that the consent described in Section 7.2 extends to communications sent or placed using any of the following technologies, whether now existing or hereafter developed:
- live agent calls and text messages;
- an automatic telephone dialing system, automated dialing system, or automated dialer (whether or not such a system constitutes an “ATDS” under the TCPA);
- an artificial or prerecorded voice;
- ringless voicemail or direct-to-voicemail drops;
- short message service (SMS) and multimedia messaging service (MMS);
- email; and
- artificial-intelligence-generated, artificial-intelligence-assisted, or artificial-intelligence-driven voice or text communications, including communications generated or placed by conversational AI, voice-cloning technology, or similar systems.
You further expressly acknowledge and agree that your consent extends to communications placed to any telephone number you provide to the Company, including any telephone number registered on the federal Do Not Call Registry, any state Do Not Call list, or the Company’s internal Do Not Call list (until such time as you revoke your consent as described in Section 7.6). You acknowledge that your consent is not a condition of the purchase of any goods or services and that message and data rates may apply.
7.4 Calls Initiated by You.
If you call the Company, you provide your prior express consent to receive return communications (whether by call, text, email, or otherwise) from the Company concerning the subject matter of your call, at any telephone number or email address you provide or from which you placed the call.
7.5 Representations, Warranties, and Contractual Waiver Regarding Contact Information.
By submitting any form, making any call, or otherwise providing any contact information to the Company, you represent and warrant that:
- all contact information you provide is accurate, complete, current, and truthful;
- you are the subscriber or customary user of any telephone number you provide, and you are authorized to provide that number and to grant consent to be contacted at that number;
- no telephone number you provide is a VoIP line (including, without limitation, Google Voice or any similar service), a line associated with a number-masking, number-spoofing, or number-harvesting service, or any other line that is not your primary personal or business line, unless you affirmatively disclose that fact to the Company at the time of submission;
- any time-zone, location, or residency information you provide is accurate and reflects your actual, primary local time zone and place of residence; and, if you do not affirmatively provide a time zone, you authorize the Company to determine your applicable time zone by reference to the area code of any telephone number you provide, the billing or mailing address you provide, or other information reasonably available to the Company;
- you have not submitted, and will not submit, any false, misleading, or fraudulent information to the Company; and
- you will promptly update your contact information, including your primary time zone and residence, if it changes.
You expressly acknowledge and agree that the Company is entitled to rely exclusively on the information you provide for purposes of complying with any applicable federal or state law, including any federal or state telemarketing “quiet hours” restriction or calling-time restriction. You further agree that if any of the foregoing representations and warranties is inaccurate, incomplete, or untruthful in any material respect, you are barred from asserting any claim against the Company that is predicated, in whole or in part, on that inaccuracy, incompleteness, or untruthfulness, and the Company may assert this provision as an affirmative defense to any such claim. This Section 7.5 is intended to establish a contractual defense and is supported by the mutual consideration reflected in these Terms.
7.6 Revocation of Consent.
You may revoke your consent to receive marketing communications at any time. To revoke consent, you must use the method specified below for the applicable communication channel:
- Text Messages. Reply “STOP” to any text message you receive from the Company. You may also reply “HELP” for help.
- Email. Click the “unsubscribe” link contained in any marketing email you receive from the Company, or follow any other unsubscribe instructions provided in that email.
- Telephone Calls. Provide written notice of your request to be placed on the Company’s internal Do Not Call list, sent to the notice address in Section 19.
Revocation of consent is effective only when delivered through the methods described above and is effective only prospectively. Revocation of consent with respect to one communication channel does not revoke consent with respect to any other channel. Notwithstanding any revocation, the Company may continue to send you transactional, relationship, and legally required communications, including communications related to any existing advisory relationship.
7.7 Stipulated Reasonable Period for Internal Do Not Call Processing.
You and the Company stipulate and agree that, with respect to any request by you to be placed on the Company’s internal Do Not Call list for telephone calls (submitted in accordance with the “Telephone Calls” method described in Section 7.6), a period of fifteen (15) days after the Company’s actual receipt of that request is a reasonable time for the Company to process the request and to cease placing marketing telephone calls to the telephone number(s) identified in the request (the “Stipulated Processing Period”). You further stipulate and agree that any marketing telephone call placed to you during the Stipulated Processing Period — that is, after the Company’s actual receipt of your internal Do Not Call request but before the expiration of the Stipulated Processing Period — does not constitute an unreasonable delay in processing and does not give rise to any claim under the TCPA, 47 C.F.R. § 64.1200(d), or any analogous federal or state law or regulation, provided that the Company ceases marketing telephone calls to the identified telephone number(s) no later than the expiration of the Stipulated Processing Period. This Section 7.7 applies only to the processing of telephone-call Do Not Call requests; revocation of consent for text messages (by reply of “STOP” or equivalent) and for email (by clicking the “unsubscribe” link or equivalent) takes effect upon the Company’s actual receipt of the revocation, subject to any brief technical processing time inherent in the Company’s messaging and email systems. Any Dispute arising from or relating to this Section 7.7, including any Dispute concerning the Company’s compliance with the Stipulated Processing Period, is a Dispute subject to Section 12.
7.8 AI-Powered Chat Interface.
8. Intellectual Property; Restrictions on Automated Access and AI Training
8.1 Ownership.
The Services and all content made available through the Services — including text, graphics, logos, images, audio, video, data, software, user interfaces, designs, compilations, and all other materials (collectively, “Content”) — are owned by the Company or its licensors and are protected by United States and foreign copyright, trademark, trade-secret, and other intellectual-property laws. The Company’s name, its logos, “Camarda Wealth Advisory Group,” and all related names and slogans are trademarks of the Company (the “Marks”). All rights not expressly granted in these Terms are reserved by the Company and its licensors. You are granted no right, title, or interest in or to any Content or Marks except as expressly provided in Section 5.
8.2 Restrictions on Automated Access and AI Training.
Without limiting Section 6, you agree that you will not, and will not permit or encourage any third party (including any artificial-intelligence system operating on your behalf) to, use any substantial portion of the Content (a) to train, fine-tune, or develop any artificial-intelligence or machine-learning model, system, product, dataset, or derivative work, or (b) to generate any output competitive with the Services or the Company’s business. The Company expressly reserves all rights under applicable law, including, without limitation, under 17 U.S.C. § 106, with respect to any such use. This Section 8.2 constitutes an express reservation of rights and an express denial of any license or permission that might otherwise be implied from the public availability of the Content.
8.3 Feedback.
If you submit any suggestion, idea, comment, recommendation, or other feedback concerning the Services to the Company (collectively, “Feedback”), you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you. You represent and warrant that you have all rights necessary to grant this license.
9. Third-Party Platforms, Advertising, and Links
9.1 Third-Party Platforms.
The Company maintains a presence on, and conducts marketing and advertising activities through, third-party platforms and services, including, without limitation, Facebook, Instagram, LinkedIn, YouTube, X (formerly Twitter), Google, and other social media, search, and advertising platforms (each, a “Third-Party Platform”). Your access to and use of any Third-Party Platform, including any interaction with the Company or the Company’s content on any Third-Party Platform, is governed by that Third-Party Platform’s own terms of service, privacy policy, and other applicable policies, and not by these Terms. The Company does not control any Third-Party Platform, its user-interface design, its data-collection practices, its content-moderation decisions, or any advertisement or content placed on the platform by any person other than the Company. The Company is not responsible for any Third-Party Platform or for any loss, damage, or harm you may suffer in connection with your use of any Third-Party Platform.
9.2 Linked Sites.
The Services may contain links to websites, applications, or resources operated by third parties. The Company provides such links solely as a convenience, and the inclusion of any link does not constitute the Company’s endorsement of, or affiliation with, the linked site or its operator. The Company is not responsible for the content, privacy practices, or security of any linked site. Your access to and use of any linked site is at your own risk and is subject to the terms and policies of the site’s operator.
9.3 Lead Forms and Point-of-Submission Notice.
The Company may make available lead forms, contact forms, and similar interfaces through the Services and through Third-Party Platforms. Where the Company presents, at the point of submission, a consent statement or notice that incorporates these Terms by reference and provides a hyperlink or equivalent access to these Terms, your submission of that form constitutes your acceptance of these Terms and your consent to the communications described in Section 7. You represent and warrant that, before submitting any such form, you had a reasonable opportunity to review these Terms. The Company makes no representation that submissions made through any form that does not present such a consent statement are subject to these Terms, and the effect of any such submission shall be determined under applicable contract-formation principles.
10. No Investment, Legal, Tax, or Accounting Advice; Forward-Looking Statements
10.1 No Personalized Advice Through the Services.
The Content is provided for general informational and educational purposes only. The Content does not constitute, and should not be relied upon as, personalized investment advice, a recommendation to buy, sell, or hold any security, or an offer to provide investment advisory services in any jurisdiction in which the Company is not registered or exempt from registration. Personalized investment advice is provided by the Company only under a written investment advisory agreement and in accordance with the Company’s Forms ADV and CRS.
10.2 Not Legal, Tax, or Accounting Advice.
The Company is not a law firm, a certified public accounting firm, or a tax-return preparer. No Content made available through the Services constitutes legal, tax, or accounting advice. You should consult your own qualified legal, tax, and accounting advisors regarding your specific circumstances.
10.3 Forward-Looking Statements; No Guarantees of Performance.
Content made available through the Services may include forward-looking statements, projections, hypothetical illustrations, or other statements concerning potential future results. All such statements are inherently uncertain and are subject to significant business, economic, market, and competitive risks. Past performance is not indicative of future results. The Company does not guarantee any particular investment result, rate of return, or outcome. You should not rely on any forward-looking statement as a prediction or guarantee of future performance.
10.4 Third-Party Ratings; Testimonials.
The Services may display third-party ratings, rankings, reviews, or similar information concerning the Company (including, without limitation, aggregate star ratings and user reviews drawn from Google and other third-party sources). Any such third-party ratings are subject to the limitations, methodology disclosures, and additional information set forth in the Company’s Rankings Disclosure and Important Disclosure, which are incorporated by reference into these Terms. No third-party rating should be construed as a current or past endorsement of the Company by any of the Company’s clients, nor as a guarantee of any particular result for any prospective client.
11. Disclaimers of Warranties; Limitation of Liability
11.1 Disclaimers of Warranties.
THE SERVICES AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, UNINTERRUPTED OR ERROR-FREE SERVICE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.2 Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Scope; Exclusions.
THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES. THEY DO NOT APPLY TO, AND DO NOT LIMIT, ANY LIABILITY THE COMPANY MAY HAVE UNDER A SEPARATELY EXECUTED INVESTMENT ADVISORY AGREEMENT, UNDER THE INVESTMENT ADVISERS ACT OF 1940 (TO THE EXTENT NOT WAIVABLE), OR FOR ANY MATTER FOR WHICH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, AND AS A RESULT, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU.
11.4 Basis of the Bargain.
You acknowledge that the disclaimers and limitations set forth in this Section 11 are fundamental elements of the basis of the bargain between you and the Company and that the Company would not provide the Services to you absent your agreement to these provisions.
12. Binding Arbitration; Class-Action and Jury-Trial Waiver
PLEASE READ THIS SECTION 12 CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
12.1 Agreement to Arbitrate.
Except as provided in Section 12.3, you and the Company agree that any dispute, claim, controversy, or disagreement (each, a “Dispute”) arising from or relating to these Terms, the Services, any communication sent or placed by or to the Company (including any telephone call, text message, prerecorded or artificial-voice message, ringless voicemail, AI-generated or AI-assisted communication, or other communication covered by Section 7), or the relationship between you and the Company arising from any of the foregoing, whether sounding in contract, tort, statute, regulation, or any other legal theory, and whether arising before, on, or after the Last Updated date of these Terms, shall be resolved exclusively by binding, individual arbitration administered as provided in this Section 12.
12.2 Claims Expressly Covered.
Without limiting the generality of Section 12.1, you and the Company expressly agree that the following categories of Disputes are among those subject to arbitration under this Section 12:
- Disputes arising from or relating to any telephone call, text message, MMS message, prerecorded or artificial-voice message, ringless voicemail, email, or AI-generated or AI-assisted communication sent or placed by the Company or its agents, affiliates, service providers, successors, or assigns;
- Disputes arising from or relating to any alleged violation of the TCPA or any analogous federal or state statute, regulation, or common-law theory, including, without limitation, any state telemarketing law, mini-TCPA statute, do-not-call statute, or consumer-protection statute;
- Disputes arising from or relating to the Company’s alleged use of an automatic telephone dialing system, automated dialer, artificial or prerecorded voice, ringless voicemail technology, or AI-driven calling or messaging technology;
- Disputes arising from or relating to your provision of, or the Company’s reliance on, any contact information or consent provided through the Services or any Third-Party Platform; and
- Disputes arising from or relating to the Company’s marketing, advertising, or promotional activities on any Third-Party Platform.
12.3 Disputes Excluded from Arbitration.
The following are not subject to arbitration under this Section 12:
- any Dispute arising from or relating to the investment advisory relationship between you and the Company, including, without limitation, any Dispute arising from or relating to a written investment advisory agreement between you and the Company, the Company’s Form ADV, the Company’s Form CRS, the Company’s rendering or non-rendering of investment advisory services, or the Company’s obligations under the Investment Advisers Act of 1940 or any other federal or state securities law (any such Dispute, an “Advisory Dispute”);
- any individual action brought by either party in a small-claims court of competent jurisdiction, so long as the action remains in that court and is brought on an individual (non-class, non-representative) basis;
- any action by either party seeking temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect or enforce intellectual-property rights, to prevent unauthorized access to or use of the Services, or to enforce the restrictions set forth in Section 8.2; and
- any Dispute that, as a matter of public policy under applicable law, cannot be subjected to pre-dispute binding arbitration.
Advisory Disputes shall be resolved as provided in the applicable investment advisory agreement and, in the absence of any contrary provision in that agreement, shall be resolved in the state or federal courts located in Florida as provided in Section 15.
12.4 Delegation; Gateway Questions.
Subject only to the two exceptions stated in this Section 12.4, the arbitrator — and not any court — shall have exclusive authority to resolve any question concerning the interpretation, enforceability, revocability, scope, or validity of this Section 12, including any question whether a particular Dispute is subject to arbitration. The two exceptions are: (a) a court of competent jurisdiction (and not the arbitrator) shall decide, as a threshold matter, whether a Dispute is an Advisory Dispute excluded from arbitration under Section 12.3, in order to preserve the carve-out for the advisory relationship; and (b) a court of competent jurisdiction (and not the arbitrator) shall decide any question concerning the interpretation, enforceability, or scope of the class-action and representative-action waiver in Section 12.5.
12.5 Class-Action, Representative-Action, and Mass-Action Waiver.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF A COURT OF COMPETENT JURISDICTION DETERMINES, BY A FINAL DECISION NOT SUBJECT TO ANY FURTHER APPEAL OR RECOURSE, THAT THE WAIVER SET FORTH IN THIS SECTION 12.5 IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND SHALL PROCEED IN THE COURTS IDENTIFIED IN SECTION 15, AND THE REMAINDER OF THIS SECTION 12 SHALL REMAIN IN FULL FORCE AND EFFECT.
12.6 Jury-Trial Waiver.
YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY CONSTITUTIONAL, STATUTORY, OR OTHER RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE GOVERNED BY THIS SECTION 12, WHETHER ARBITRATED OR LITIGATED.
12.7 Informal Dispute Resolution.
Before commencing any arbitration or small-claims action, the party initiating a Dispute must first send the other party a written notice of the Dispute (a “Notice of Dispute”) by regular mail to the address in Section 19 (if to the Company) or to your last-known address on file with the Company (if to you). The Notice of Dispute must include (a) the claimant’s name, mailing address, telephone number, and email address; (b) the name, mailing address, telephone number, and email address of the claimant’s counsel, if any; (c) a description of the Dispute; and (d) the relief sought. After receipt of the Notice of Dispute, the parties shall meet and confer, by telephone or videoconference, in a good-faith effort to resolve the Dispute informally (the “Informal Dispute Resolution Conference”). The Informal Dispute Resolution Conference shall occur within forty-five (45) days after receipt of the Notice of Dispute, unless an extension is mutually agreed to by the parties. The claimant must personally participate in the conference; the claimant’s counsel may also participate. The Informal Dispute Resolution Conference must be conducted on an individualized basis; multiple claimants may not participate in a single conference absent all parties’ agreement. Completion of the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration. All applicable statutes of limitations and filing-fee deadlines shall be tolled during the Informal Dispute Resolution Conference process.
12.8 Arbitration Procedures.
You and the Company agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 12. If the Informal Dispute Resolution Conference does not resolve the Dispute within sixty (60) days after the Company’s receipt of the Notice of Dispute (or, if the Company is the claimant, within sixty (60) days after your receipt of the Notice of Dispute), either party may commence arbitration. The arbitration shall be administered by JAMS pursuant to JAMS’s then-current rules applicable to the Dispute: Disputes in which the claims, counterclaims, and requests for relief (exclusive of attorneys’ fees and interest) total less than $250,000 shall be governed by JAMS’s Streamlined Arbitration Rules and Procedures; all other Disputes shall be governed by JAMS’s Comprehensive Arbitration Rules and Procedures. Any arbitration of a Dispute shall also be subject to JAMS’s Consumer Arbitration Minimum Standards, where applicable. If JAMS is unavailable to administer the arbitration, the parties shall select an alternative nationally recognized arbitration provider. The arbitration shall be conducted in the county where you reside, or, at your election, remotely by telephone or videoconference. The arbitrator’s award shall be in writing, shall state the essential findings and conclusions on which the award is based, and shall be final and binding, subject only to the limited review available under the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.
12.9 Batch Arbitration.
If twenty-five (25) or more substantially similar Notices of Dispute or Requests for arbitration are filed against the Company by or with the assistance of the same counsel, law firm, or organization (or affiliated counsel, law firms, or organizations) within a thirty (30)-day period, the parties agree that JAMS shall (a) administer the Disputes in batches of up to one hundred (100) Disputes per batch (with any remaining Disputes administered as a final batch), (b) appoint a single arbitrator for each batch, and (c) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing (if any), and one final award. Disputes are “substantially similar” for this purpose if they arise from or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. The Company shall pay the fees of any administrative arbitrator appointed by JAMS to resolve disputes concerning the applicability of this Section 12.9. If this Section 12.9 is held to be unenforceable as to any Disputes, individual arbitration under the remaining provisions of this Section 12 shall remain the exclusive method of resolving those Disputes, and the class-action and representative-action waiver in Section 12.5 shall remain in full force and effect.
12.10 Fees.
Each party shall bear its own attorneys’ fees and costs in arbitration, except that (a) the arbitrator may award attorneys’ fees and costs as permitted by applicable law or by these Terms, and (b) the arbitrator may award attorneys’ fees and costs to the prevailing party if the arbitrator finds that the substance of the non-prevailing party’s claim or the relief it sought was frivolous or was brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). Each party’s responsibility for JAMS filing and administrative fees shall be as set forth in the applicable JAMS rules and the JAMS Consumer Arbitration Minimum Standards, where applicable.
12.11 30-Day Right to Opt Out.
You have the right to opt out of this Section 12 by sending written notice of your decision to opt out to the Company at the address in Section 19 within thirty (30) days after the date you first become subject to these Terms. Your opt-out notice must include your full name, mailing address, email address (if any), the telephone number(s) you have provided to the Company (if any), and an unequivocal statement that you want to opt out of this Section 12. Opting out of this Section 12 has no effect on any other arbitration agreement between you and the Company, or on any other provision of these Terms, which shall remain in full force and effect. If you opt out, any Dispute between you and the Company that is not otherwise covered by an arbitration agreement shall be resolved in the courts identified in Section 15.
12.12 Severability; Survival.
If any portion of this Section 12 is found to be unenforceable (other than the class-action and representative-action waiver in Section 12.5, which is governed by the severability rule stated in that provision), that portion shall be severed and the remainder of this Section 12 shall remain in full force and effect. This Section 12 shall survive termination of your access to or use of the Services and termination of any other relationship between you and the Company.
12.13 Modification.
If the Company makes any material change to this Section 12, the change shall not apply to any Dispute of which the Company had actual notice on the date of the change. For all other Disputes, the change shall become effective thirty (30) days after the Company posts the revised Section 12 on the Site, and your continued access to or use of the Services after that date constitutes your acceptance of the revised Section 12. Changes to this Section 12 do not provide a new opportunity to opt out if you previously accepted a version of these Terms and did not validly opt out.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, managers, members, employees, agents, successors, and assigns from and against any and all third-party claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to (a) your access to or use of the Services, (b) your breach of these Terms, (c) your violation of any applicable law or regulation, or (d) your submission of any false, misleading, or fraudulent information to the Company, including any false information concerning your telephone number, your authorization to provide that number, or the nature of the line associated with that number. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with the Company’s defense of that matter.
14. Termination
The Company may, at any time and in its sole discretion, without notice or liability, terminate or suspend your access to all or any part of the Services, revoke the license granted in Section 5, remove or disable any Content you may have submitted, and take any other action the Company deems appropriate, including for any breach or suspected breach of these Terms, any request by law enforcement or other governmental authority, or any technical or security issue. Upon any termination, the provisions of Sections 1.2, 1.3, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, and any other provision that by its nature should survive termination, shall survive.
15. Governing Law; Exclusive Venue
15.1 Governing Law.
These Terms, and any Dispute arising from or relating to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws rules, except that Section 12 shall be governed by the Federal Arbitration Act. Nothing in this Section 15 shall be construed to waive any non-waivable right or remedy available to you under the federal securities laws.
15.2 Exclusive Venue.
To the extent any Dispute is not subject to arbitration under Section 12 or is otherwise permitted to be litigated under these Terms, the parties agree that such Dispute shall be litigated exclusively in the state or federal courts located in Clay County, Florida, or, if Clay County lacks subject-matter jurisdiction, in another state or federal court located in the counties that comprise the Middle District of Florida. Each party irrevocably consents to the personal jurisdiction and venue of those courts and waives any objection based on forum non conveniens.
16. Electronic Communications
You consent to receive communications from the Company in electronic form, including by email, text message, and postings on the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing, including under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. The Company may provide notice to you by email, by posting on the Site, or by other reasonable means.
17. Notice of Intellectual Property Infringement
17.1 Notice of Infringement.
The Company respects the intellectual-property rights of others. If you believe that material available on the Services infringes your copyright or other intellectual-property right, you may send a written notice of claimed infringement to the Company at the address in Section 19. The notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the right allegedly infringed;
- identification of the right claimed to have been infringed, including, where applicable, the registration number;
- identification of the material claimed to be infringing and information reasonably sufficient to permit the Company to locate the material on the Services;
- your name, mailing address, telephone number, and email address;
- a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or applicable law; and
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf.
17.2 Counter-Notice.
If you believe that material you submitted to the Services was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice to the Company at the address in Section 19, including the elements required by 17 U.S.C. § 512(g)(3). The Company reserves the right to replace or restore access to the material ten (10) to fourteen (14) business days after receipt of a valid counter-notice, unless the Company receives notice from the party claiming infringement that a judicial action has been filed. Submission of a counter-notice containing material misrepresentations may subject you to liability under 17 U.S.C. § 512(f).
17.3 Repeat Infringers.
The Company may, in its sole discretion, terminate the access of any user who is determined to be a repeat infringer.
18. General Provisions
18.1 Entire Agreement.
These Terms, together with the Privacy Policy, the Regulatory Disclosures, and any applicable Supplemental Terms, constitute the entire agreement between you and the Company with respect to your access to and use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning that subject matter. These Terms do not supersede any separately executed investment advisory agreement between you and the Company, which governs the advisory relationship.
18.2 No Waiver.
The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver by the Company must be in writing and signed by an authorized representative of the Company to be effective.
18.3 Severability.
Except as otherwise provided in Sections 12.5 and 12.12, if any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
18.4 Assignment.
You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, without the Company’s prior written consent. Any attempted assignment in violation of the foregoing is void. The Company may freely assign or transfer these Terms and any of its rights and obligations under these Terms. These Terms inure to the benefit of, and are binding upon, the parties and their respective permitted successors and assigns.
18.5 Headings; Construction.
Headings are for convenience only and shall not affect the interpretation of these Terms. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” These Terms shall not be construed against the drafter.
18.6 No Third-Party Beneficiaries.
Except as expressly provided herein (including with respect to the Company’s affiliates and indemnitees under Section 13), these Terms do not, and are not intended to, confer any rights or remedies on any person other than the parties.
18.7 Force Majeure.
The Company shall not be liable for any failure or delay in performance caused by any event beyond the Company’s reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, or failures of third-party service providers.
19. Contact Information
Any notice required or permitted to be given to the Company under these Terms, including any Notice of Dispute under Section 12.7, any opt-out notice under Section 12.11, and any notice of intellectual-property infringement under Section 17, must be sent by regular mail to the Company’s registered agent at the following address:
Camarda Financial Advisors LLC
d/b/a Camarda Wealth Advisory Group
4371 U.S. Highway 17, Suite 201
Fleming Island, FL 32003
A notice is deemed given on the date of actual receipt by the Company.

