Important Disclosure Information

Important Disclosure and Acknowledgement Information
  1. Important Disclosure Information Section. Withum Wealth Management is an SEC registered investment adviser located in Red Bank, New Jersey. Withum Wealth Management and its representatives are in compliance with the current filing requirements imposed upon SEC registered investment advisers by those states in which Withum Wealth Management maintains clients. Withum Wealth Management may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Withum Wealth Management’s Website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of Withum Wealth Management’s Website on the internet should not be construed by any consumer and/or prospective client as Withum Wealth Management’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by Withum Wealth Management with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of Withum Wealth Management, please contact the SEC or the state securities regulators for those states in which Withum Wealth Management maintains a notice filing. A copy of Withum Wealth Management’s current written disclosure statement discussing Withum Wealth Management’s business operations, services, and fees is available from Withum Wealth Management upon written request. Withum Wealth Management does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Withum Wealth Management’s Website or incorporated herein, and takes no responsibility therefore. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
  2. Investment Risk. Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Withum Wealth Management), will be profitable or equal any historical performance level(s).Before considering any investment advice or financial planning strategies please consult with appropriate qualified professionals.Certain portions of Withum Wealth Management’s Website (i.e. content of “knowledge center tab”, newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, Withum Wealth Management’s (and those of other investment and non-investment professionals) positions, opinions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s), opinions and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Withum Wealth Management, or from any other investment professional. Withum Wealth Management is neither an attorney nor an accountant, and no portion of the Website content should be interpreted as legal, financial planning, insurance, accounting or tax advice. The Wealth Advisory Team consists of WithumSmith&Brown, PC (“WS+B”) employees. WS+B represents a co-founder and strategic private wealth management partner for Withum Wealth Management. Financial planning and counseling services can be independently engaged and are provided exclusively by WS+B. Withum Wealth Management does not provide legal, tax, accounting or any other related or unrelated consulting services. Withum Wealth Management is pleased to work with you and your team of qualified professionals to develop an appropriate wealth management plan for your circumstances.Rankings. Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she/it/they will experience a certain level of results if Withum Wealth Management is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of Withum Wealth Management by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser.

    Electronic Devices. To the extent that any client or prospective client utilizes any economic calculator or similar interactive device contained within or linked to Withum Wealth Management’s Website, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from Withum Wealth Management, or from any other investment professional.

    Alerts. We may, from time to time, send email notices, contact you or display information via social media accounts such as LinkedIn, Facebook, Twitter, or any other social media device about investment markets or particular securities that we believe will be of interest to you (“Alerts”). Alerts are subject to certain limitations and requirements that are described here and that may be described at the time you subscribe, or we subscribe for you, to a particular Alert. Your subscription or use of any Alert will serve as an acknowledgement that you have read and understood the applicable limitations and conditions. The information in Alerts may be prepared and delivered by Information Providers. The information may be delayed. Neither we nor any Information Provider guarantee the accuracy, completeness, or timeliness of information available through Alerts. Reliability of your receipt of Alerts and their timeliness will also depend on factors outside of our control, including Internet, E-mail, and pager service availability and transmission capabilities. ALERTS ARE NOT INVESTMENT RECOMMENDATIONS OR ADVICE. Any investment decision you make on the basis of Alerts is your sole responsibility. Alerts are sent through unencrypted e-mail or other electronic communications, and neither we nor any Information Provider is liable for any unauthorized use or interception. If you subscribe to Alerts, you acknowledge that you have read and understood this notification.

    Disclaimer of Warranties. THE ELECTRONIC SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT.

    Use of Electronic services is at your sole risk. We do not warrant that the electronic services will meet your requirements, or that the electronic services are compatible with any particular hardware or software platform or that the operation of the electronic services will be uninterrupted or error-free, or that defects in the electronic services will be corrected. Furthermore, we do not warrant or make any representation regarding the use or the results of the use of electronic services in terms of their correctness, accuracy, quality, reliability, security, appropriateness for a particular task or application, correctness, or otherwise, No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations hereunder.

    Securities Professionals May Not Use Research Reports In Their Business. If you are a securities broker, dealer or investment banker, by requesting or receiving any Research Reports, you agree not to use any such Research Reports for any purpose related to your business.

    No Liability for Events Outside of Entities’ Direct Control. We, the Information Providers, Information Transmitters, Third Party Research Providers, Third Party Service Providers, and any other person involved in transmitting Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. We are also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Electronic Services.

    Use of Proprietary Information. The Information and other content provided in connection with the Electronic Services are our property or the property of the Information or Third Party Research Providers or their licensers, or the Third Party Service Providers, and are protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information and other content in any manner without our express written consent or the Information or Third Party Research Providers, the Third Party Service Providers, or any other person with the authority to give such consent. You agree that you will not use the Information and other content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Information and Third Party Research Providers’, the Third Party Service Providers’, and our respective rights in the Information and Electronic Services. You will not remove any proprietary notices (e.g., copyright and trademark notices) from any Information or other content provided in connection with the Electronic Services.

    Data Transmission. You acknowledge that data, including e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and us, Information Providers or Information Transmitters, using the Internet, other network communications facilities, telephone or any other electronic means. All messages sent to or from this website, Withum Wealth Management, or Withum Wealth Management employee is subject to electronic storage and review by Withum Wealth Management. Although Withum Wealth Management operates anti-virus programs, it does not accept responsibility for any damage whatsoever caused by viruses being passed. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by us. Until we notify you otherwise, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by us and follow our log-on procedures for Electronic Services that support such protocols. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.

    Indemnification. You agree to defend, indemnify and hold us, the Third Party Service Providers, the Information Providers and the Information Transmitters harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.

    Our Ability to Terminate Electronic Services. We reserve the right to terminate your access to the Electronic Services or any portion of them (including without limitation, the Information (including Research Reports) in its sole discretion, without notice and without limitation, for any reason whatsoever. We may terminate your access to its Electronic Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of this Agreement, discontinuance of our access to any Information or any other data from any Information Provider or Research Provider or termination of one or more agreements between us and Information Providers, Third Party Service Providers, Third Party Research Providers or Information Transmitters. We and the Third Party Service Providers, the Information Providers, the Third Party Research Providers and the Information Transmitters shall have no liability to you for terminating your access to the Electronic Services; provided, however, that if our termination is without cause, we will refund the pro rata portion of any fee you may have paid for the portion of the Information and/or Electronic Services not furnished to you as of the date of termination. If this Agreement is terminated, you will cease using the Electronic Services and all products, services, Information and content obtained through the Electronic Services.

    General – Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.

  3. Acceptable Use PolicyGeneral. For purposes of this Acceptable Use Policy (the “Policy”), “Users” means any user of our Web-based services (“Services”). As specified below, illegal usage, abusive usage, unacceptable usage, and use of the Services to interfere with other Users’ enjoyment of the Services is unacceptable. From time-to-time, we may update and/or revise this Policy. Any such updates and/or revisions shall be posted online. Continued use of the Services by Users shall indicate their acceptance of the updates and/or revisions.Prohibited Uses. Prohibited uses of the Services include the following:
    (a) posting or transmitting unlawful materials, e-mail or information;
    (b) posting or transmitting harassing, threatening or abusive materials, e-mail or information;
    (c) posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;
    (d) posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;
    (e) posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
    (f) posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;
    (g) posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
    (h) attempting to “hack” root or user logins on another system, machine, or network;
    (i) using the Services in such a way as to impair or otherwise interfere with another User’s use of the services;
    (j) including any inappropriate third party advertising; and
    (k) using the Services to commit fraud or engage in other misleading or deceptive activities.

    Remedies. Violation of this Policy may result in civil or criminal liability, and we may, in addition to any other remedy that we may have at law or in equity, terminate permission for the User to use the Services or immediately remove the offending material. In addition, we may investigate incidents that are contrary to this Policy and cooperate with law enforcement organizations, and provide requested information to third parties who have provided notice to us stating that they have been harmed by a User’s failure to abide by this Policy.

    Each client and prospective client agrees, as a condition precedent to his/her/it/their access to Withum Wealth Management’s Website, to release and hold harmless Withum Wealth Management, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/it/their actions and/or omissions which are independent of his/her/it/their receipt of personalized individual advice from Withum Wealth Management.

  4. Website Acknowledgement

    Withum Wealth Management
    Website ACCESS ACKNOWLEDGMENT

    As a client of Withum Wealth Management, if you elect to participate in the password-protected access portion of Withum Wealth Management’s Internet Website you understand that your participation will allow you to review certain investment-related information published by Withum Wealth Management its affiliates and unaffiliated third parties. This password-protected access is made available to clients of Withum Wealth Management free of charge. This authorization shall continue until canceled in writing by either party, Withum Wealth Management or you the client.

    To the extent that any client or prospective client utilizes any “virtual vault” or similar electronic storage device contained within or linked to Withum Wealth Management’s Website, the client and/or prospective client acknowledges and understands that the information “uploaded” should not be construed, in any manner whatsoever, as in the receipt of any Withum Wealth Management employee or affiliated company.

    By accessing the virtual vault or similar electronic device contained within or linked to Withum Wealth Management’s website: You understand that the password-protected section is a secure Website intended only to allow a client access to information relative to his/her/it/their specific account. You also understand that you will be assigned an individual password. You agree not to share your password with any other person. You hereby release and hold Withum Wealth Management harmless from any adverse consequences relative to any failure by you to keep the identity of your password secure.