Terms of service
deMAURIAC puts clients FIRST. If for any reason you're not completely satisfied, we'll work with you to make things right. That being said, there are a few terms of service we need to review with you first.
deMauriac TERMS AND CONDITIONS
This Agreement (the “Agreement”) contains the rules that govern, where appropriate, the provision of financial planning and coaching services to you by deMauriac, LLC, (“deMauriac”, “we” or “us”). The words “you” and “your” mean the person signing up to receive service(s) from deMauriac.
CONSULTING SERVICES WE PROVIDE: FINANCIAL PLANNING, COACHING & WEALTH MANAGEMENT
Under our financial planning services, we will provide you with financial planning guidance. Depending on the session selected, clients will have webinar or one-on-one access to a deMauriac Certified Financial Planner (“CFP®”) for guidance such as budgeting, debt management, retirement goal planning and general investing topics.
Our coaching consulting services are designed for responding to your general planning questions. Access to a deMauriac coach is available via webinar or one-on-one, depending on the session selected for guidance on topics such as career transitions, salary negotiation and executive coaching.
Since the intent of our Financial Planning and Coaching is to provide you with general, real-time responses to your questions, we will not be able to gather detailed information or conduct detailed analyses about your personal situation to tailor our guidance for such services.
YOU ARE RESPONSIBLE FOR IMPLEMENTATION OF OUR SUGGESTIONS
You, alone, are solely responsible for determining whether and how to implement any suggestions that we make through Financial Planning and Coaching Consulting Services. Moreover, all suggestions are made as of the date of the services. We are not responsible for following up on any of the guidance we have rendered or suggestions we have made after the completion of your program.
SERVICES NOT UNDER THIS AGREEMENT
We do not provide investment advice in any of our Financial Coaching Consulting services. We offer separately through our Private Wealth Management, Digital Wealth & New Harbor Portfolios, a discretionary investment advisory program.
SERVICES NOT PROVIDED
We do not offer legal, tax or accounting services. It is your responsibility to obtain such advice if necessary.
YOUR REPRESENTATIONS AND ACKNOWLEDGMENTS
You represent and agree regarding the following to us, here and throughout the term of this Agreement, and understand and agree that we are relying on these representations and agreements as an inducement to enter into perform the Financial Planning and Career Coaching Consulting Services:
- You will provide us with the necessary information to provide the agreed upon services. Our consulting services are based on information provided by you regarding your goals and circumstances. We shall not be responsible for guidance based on limited or incomplete information provided by you.
- You, alone, are solely responsible for all financial planning and career decisions and you are under no obligation to follow, either wholly or in part, any recommendation or suggestion provided by us.
- We may perform similar service for other clients and may make recommendations to those clients that differ from the recommendations made to you.
- We obtain information from a wide variety of publicly available sources and cannot guarantee the accuracy of the information or success of the advice which we may provide. The information and recommendations developed by us is based on our professional judgment and the information you provide to us.
- We shall not be obligated to provide any services with or for you if, in our reasonable judgment, this would (i) violate any applicable federal or state law or any applicable rule or regulation of any regulatory agency, or (ii) be inconsistent with any internal policy maintained by us from time-to-time relating to business conduct with our clients.
- We shall not be obligated to provide any services with or for you if, in our reasonable judgment, this would (i) violate any applicable federal or state law or any applicable rule or regulation of any regulatory agency, or (ii) be inconsistent with any internal policy maintained by us from time-to-time relating to business conduct with our clients.
ADULT US RESIDENTS ONLY
In order to receive deMauriac's services, you must be 18 or over and be a US person, which includes a US resident alien.
FEES AND CHARGES
You agree to pay any applicable fees and charges we assess for your services and/or other electronic services or other products that you select.
These charges and fees are assessed in accordance with our Financial Planning and Coaching Consulting Sessions Pricing Page. Amounts paid are nonrefundable (except as may be specifically stated below in the section titled Rescheduling and Cancellation Rules). Fees may be paid through charges to a credit card, debit card or bank account. To the extent you access our services through a mobile device, your wireless service carrier’s charges, data rates, and other fees may apply; you (and not deMauriac) are responsible for such charges.
LIMITATION OF LIABILITY; INDEMNIFICATION
Except as otherwise provided by law, neither we nor any (a) of our officers, partners or directors (or persons performing similar functions); (b) of our employees and representatives; or (c) persons directly or indirectly controlling us or controlled by us (together, our “Affiliates”); or (d) any of our agents, including any service providers, (together with our Affiliates, the “Indemnified Persons”) will be liable for (i) any obligations, costs, fees, losses, liabilities, claims, judgments, actions, damages and expenses, including but not limited to attorneys’ fees, expenses and court costs (“Losses”) paid, suffered, incurred or arising from any investment decision made or other action taken or omitted in good faith by us with the degree of care, skill, prudence; and diligence that a person acting in a fiduciary capacity would use under the circumstances; (ii) any Losses arising from adhering to your instructions; or (iii) any act or failure to act by any other third party; or (iv) any failures arising out of the use of the deMauriac Website or any of the investment tools or calculators on the deMauriac Website.
You will defend, indemnify and hold all of the Indemnified Persons harmless from any and all Losses sustained by any Indemnified Person arising out of or in connection with any misrepresentations or omissions made by you in this Agreement, any inaccuracies in the
information that you provide to us or any other Indemnified Person, or any instructions that you provide to us or any other Indemnified Person in connection with your relationship with deMauriac or our suppliers.
TERM AND TERMINATION
You may terminate this Agreement and any set of services under this Agreement at any time and such termination will be effective upon receipt of notification of such termination. We may also elect to terminate this Agreement or any set of services under this Agreement at any time, for any reason or no reason, in its sole discretion.
Termination of this Agreement will not affect (a) the validity of any action previously taken under this Agreement; or (b) your obligation to pay us fees that have already been earned under this Agreement. If you terminate this Agreement, you will promptly pay us any unpaid but earned fees, as applicable.
MODIFICATIONS AND AMENDMENTS
We may amend or change any terms of this Agreement provided to you. Notice of the amendment or change will be provided to you as required under applicable law. You acknowledge that we will generally not be required to obtain your consent for any amendments to the Agreement or changes to any services.
If at any time the terms, conditions or fees are not acceptable to you, you may terminate this Agreement after paying any fees or charges owed to us. We may cancel or suspend your services at any time.
DISPUTE RESOLUTION; ARBITRATION
To the extent permitted by law, any controversy, dispute or claim arising out of or relating to this Agreement will be submitted to arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws.
Any action, suit or proceeding arising out of, under or in connection with this Agreement seeking an injunction or not otherwise submitted to arbitration pursuant to this Agreement will be brought and determined in the appropriate federal or state court and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to this Agreement.
MISCELLANEOUS
You may not assign this Agreement without our consent; we are not limited in our rights assign our rights or delegate our responsibilities under this Agreement. This Agreement and the specific program conditions, incorporated by reference, constitute the entire agreement between you and us.
If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.
If an arbitrator or court finds any provision to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of this Agreement remain in full force and effect.
If any provision of this Agreement is deemed to be invalid or unenforceable or is prohibited by the laws of the state or jurisdiction where it is to be performed, this Agreement will be considered divisible as to such provision and such provision will be inoperative in such state or jurisdiction. The remaining provisions of this Agreement will be valid and binding and of full force and effect as though such provision was not included.
No failure by us to exercise any right, power, or privilege will operate as a waiver thereof. No waiver of any breach of this Agreement by you will be deemed to be a waiver of any subsequent breach.
NOTICES
Any notice given to you in connection with this Agreement will be deemed delivered if personally delivered or sent by (i) U.S. mail, certified or registered, or overnight courier, postage prepaid with return receipt request, and addressed, if to you, at the address indicated in your records with us, or (ii) electronically to the email address or phone number indicated in your records with us, and if to deMauriac, LLC Attn: Client Support, 401 St Joseph St Suite 2A New Orleans, LA 70130).
E-SIGN CONSENT
We would like to communicate with you using electronic means. When you agree to this Agreement and click the “I Agree” button, this tells us:
- You agree to receive any electronic communication from us for any purpose;
- You agree to receive an electronic version of any written notice or disclosures we must send you under law (“Legal Disclosures”); and
- You understand that to receive Legal Disclosures, you must meet the requirements specified under Technology Requirements below.
When we send electronic communication, including a Legal Disclosure, it may come in the form of an update to the deMauriac Website or within the App; as an email, text, or communication on social media; as a notification on mobile, tablet, or wearable devices; or through other electronic means. When you sign-up to receive services from deMauriac, we will request your mobile telephone number. We request this information in order to send you security confirmation text messages and information about our services. By clicking or tapping the “I agree” button below, you are telling deMauriac that you consent and agree to accept and receive communications from us, including via email, text message, calls and push notification to the mobile telephone number you provide us. As part of this consent, deMauriac, or someone on our behalf, may send you communications generated by automatic telephone dialing systems [and/or deliver prerecorded messages] that includes (i) security confirmation messages; (ii) communications about use and updates to our services, and (iii) other information concerning our services. deMauriac does not charge you when we communicate with you via text message, but your phone carrier will apply standard text messaging charges and data rates.
Technology Requirements
In order to receive electronic communications, including Legal Disclosures, you must have:
- A computer or mobile device with an internet connection.
- A web browser that includes 128-bit encryption, with cookies enabled.
- The ability to view and retain Portable Document Format (PDF) files.
- A valid email address and phone number.
- Sufficient storage space to save any Legal Disclosure or an installed printer to print them.
We may change these requirements, but we will notify you promptly of any material changes.
Withdrawing Consent
If you would like to withdraw your consent, you can tell us at any time by emailing marigny@demauriac.com. Once you do withdraw your consent, we will no longer send you paper copies of any Legal Disclosure.
Saving and Reviewing this Consent
This consent can be printed and saved for your records.
CONTACT INFORMATION
deMauriac wants to hear your comments, concerns, suggestions, or questions. Email us at marigny@demauriac.com.
deMauriac GIFT CARD TERMS AND CONDITIONS
deMauriac gift cards are redeemable only toward deMauriac Financial Planning or Coaching Sessions (the “Services”) available through the deMauriac Store and cannot be used toward other deMauriac advisory services. Gift cards can only be redeemed if you are: age 18 or older; a lawful resident of the United States and located in the United States; and accept the deMauriac Financial Planning & Coaching Terms and Conditions.
Gift cards can only be redeemed at the deMauriac online store located at demauriac-com.myshopify.com/ by providing the gift card code at checkout and can only be used toward eligible Services.
Gift cards are assigned a fixed monetary value (for example, $25) and are redeemable for Services not exceeding the remaining credit balance on the card. No transaction fees apply to the redemption of your gift card. Gift cards expire in full five (5) years from the date of purchase.
Use of the gift card constitutes acceptance of these terms and conditions. Unused gift cards may be refunded within 30 days from the date of purchase. Refunds may be requested by contacting marigny@demauriac.com and providing valid proof of purchase. Used gift cards or those purchased more than 30 days prior are not eligible for refund. Refunds will be processed to the payment method of the original purchase.
Gift cards are not redeemable for cash. Gift cards cannot be used to purchase other goods or services, purchase other gift cards, and cannot be reloaded, resold, or transferred for value. For combinations with other offers, additional restrictions may apply. deMauriac reserves the right to reject or void this gift card if deMauriac suspects the gift card was obtained or used fraudulently, unlawfully, or otherwise in violation of these terms.
Gift cards may not be used in connection with any marketing, advertising or other promotional activities without deMauriac's prior written approval. Use of deMauriac's name, logo, trade dress, or trademarks in connection with the purchase or use of the gift cards is strictly prohibited. Furthermore, the use of gift cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, deMauriac is prohibited without deMauriac’s prior written approval.
Title to the gift cards and the risk of loss, destruction, or deterioration pass to the purchaser upon purchase. The card issuer or deMauriac are not responsible for any gift cards that are lost, stolen, destroyed, or used without your permission. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE CARD ISSUER AND deMauriac's SOLE POTENTIAL LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD.
deMauriac's terms and conditions apply, including the deMauriac Privacy Policy. Gift cards are issued by deMauriac LLC. deMauriac may modify any of the terms and conditions governing use of the gift cards and deMauriac's Terms of Use at any time, with or without notice, even though these changes may affect your ability to use the gift card, subject to our compliance with applicable laws. The most current version of these terms will be available on this site and will supersede all previous versions of these terms.
For questions or more information about your gift card or these terms and conditions, please contact us at (504) 358-0433 or marigny@demauriac.com