Terms of Use

Thank you for visiting AbacusAdv.com (the "Website"), the website of Abacus Advisors ("Abacus", "we", or "us").

The following Website Terms and Conditions of Use and any updates or changes we make to these ("Terms of Use") govern your use and access to this Website, including any content, functionality, and services offered on or through this Website. Please read these Terms of Use carefully before accessing or using this Website. By accessing or using this Website, you accept and agree to be bound by these Terms of Use and all of our disclaimers and policies (for example, our privacy policy). If you do not agree to these Terms of Use, you may not use this Website and should leave this site immediately.

Please note that we may update or change these Terms of Use or any disclaimer or policy on this Website at any time. If we update or change our Terms of Use, a disclaimer, or a policy, we will post a new version on our Website immediately. Changes or updates will be effective immediately upon the posting of the change or update. The date of the last update to these Terms of Use is listed at the bottom of this page. Your continued use of and access to this Website following the posting of the changes or updates will constitute your acceptance of such changes or updates. You should frequently review these Terms of Use (including its date) and applicable disclaimers and policies to understand the terms and conditions that apply to your use of and access to this Website.

1. Limited License and Guidelines for Use. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part [without our express written consent]. You will be able to view and download certain documents and publications made available on or through this Website. You may not modify, nor allow or cause any third party to modify in any way these documents or publications. All of the restrictions on use of our data and information shall continue to apply to information downloaded from this Website until you destroy all copies of that information.

2. Misuse. We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. You further agree to fully cooperate with all audits of our customers and our systems generally. This Website may not be electronically accessed by automated programs or other data extraction systems. Forge reserves the right to cancel or to deny access to this Website to any user that is inappropriately using it.

3. Disclaimers and Limitations on Liability.

(a) No Legal or Tax Advice. The information contained in this Website is provided as a general overview and starting point for learning about our products and services. NEITHER THIS WEBSITE NOR THE INFORMATION OR DATA AVAILABLE ON OR THROUGH IT CONSTITUTES LEGAL, ACCOUNTING, TAX, INVESTMENT, OR OTHER PROFESSIONAL ADVICE OR SERVICES. Because every situation is unique and fact-specific, you should consult a professional who can review and analyze all aspects of your particular situation before making any decision or taking any action.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

(b) No Warranties. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. THEREFORE, THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS-IS, WHERE-IS", WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS, OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(c) Regulatory Compliance. Forge makes no representations or warranties regarding compliance with government regulations requiring disclosure of information about the products or services advertised on or through this Website.

(d) LIMITATION OF LIABILITY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FORGE OR ITS AFFILIATES, OR ANY OF THEIR PARTNERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OR EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY INFORMATION CONTAINED IN OR OMITTED FROM THIS WEBSITE, (2) ANY RELIANCE ON SUCH INFORMATION WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE (3) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS WEBSITE OR (4) FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.

FORGE AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

(e) Additional Disclaimers. Additional disclaimers set forth in our “Website Disclaimer,” which is available through this link are incorporated herein by reference and are made a part of these Terms of Use.

4. Your Indemnification. You agree to indemnify, defend and hold harmless Forge and its affiliates, and each of their partners, agents, representatives, officers, directors, managers, members, or employees from and against any and all claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, expert witness and accounting fees and costs, arising from or relating to your breach or violation of these Terms of Use or any activity related to your use of this Website (including without limitation infringement or violation of third parties' intellectual property rights or negligent or wrongful conduct).

5. Third Party Links. Certain links in this Website connect to other websites maintained by third parties over which Forge maintains no control. Forge is not responsible for the contents of any linked site, any link contained therein, or any changes or updates to such site. Forge makes no representations as to the accuracy or any other aspect of information contained in other websites and the inclusion of any link does not imply endorsement of Forge of the site. When leaving our Website, you should be aware that our Terms of Use and policies no longer govern, and you must review and understand the applicable terms and policies, including privacy and data gathering practices, of that site.

6. Intellectual Property. This Website is the property of Forge and is protected by applicable intellectual property laws. Forge retains all title, ownership rights, and intellectual property rights in and to this Website and the information contained therein. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through this Website.

(a) Copyrights. All of the content of this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is and shall remain the property of Forge, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. Except as granted in the limited license provided herein, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Forge in each instance. You shall not change or delete any copyright or other ownership notices from materials reproduced from our Website.

(b) Service Marks and Trademarks. All service marks, trademarks, trade names trade dress, and brand names of Forge, whether registered or unregistered, including without limitation Forge, the Forge logo, all page headers, and custom graphics, are the property of Forge, are protected by U.S. and international law, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Forge. All other trademarks, registered trademarks, product names and company names or logos are the protected property of their respective owners.

(c) Infringement Notification Policy. If you believe that any material appearing on this Website constitutes copyright or trademark infringement, you need to send a written notice to our designated agent at Attn: Legal Department, The Forge Companies, 3350 Riverwood Pkwy, Suite GL28, Atlanta, GA 30339. In your written notice, you will need to include:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted works or marks at a single online website are covered by a single notification, a representative list of such works or marks at that website.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g., a URL).

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or mark owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(d) Your Comments and Feedback. We welcome your comments and feedback. All communications and comments submitted to or through this Website, including e-mail communications you send through this Website, are non-confidential. Forge reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications you submit through our Website without any obligation to you. You hereby assign to us all ideas, concepts, comments, techniques, visuals, suggestions or communications that you submit through the Website ("Submitted Content"), and all such Submitted Content shall be and remain the property of Forge. You should not send us any comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as service ideas, inventions, or computer code. You may not upload or transmit any communications or content of any type that infringe or violate any rights of any party.

7. Miscellaneous.

(a) Governing Law and Jurisdiction. Forge controls this Website from its offices within the State of Georgia. Forge does not agree, represent or warrant that the materials or content on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. This Agreement (as defined below) shall be governed by, construed and enforced in accordance with the internal laws of the State of Georgia without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Georgia. You hereby consent to personal jurisdiction over you by the courts within Georgia and waive all objection and challenge to such venue and personal jurisdiction.

(b) Compliance with Laws. You will comply with all applicable laws, rules and regulations in connection with your use of our Website and will not engage in any act that has an adverse impact on the performance or availability of our Website.

(c) No Contract. The use of this Website, your subscription to our mailing address, and your submission of information through this Website does not obligate or commit Forge or any of affiliates to provide consulting services or advice to you or to offer or enter into an insurance or other contract with you.

(d) Assignment. Forge may assign or transfer its rights and duties under these Terms and of Use to any party at any time without notice to you and/or your approval.

(e) Questions Regarding this Website. Questions or comments regarding this Website should be directed to Forge by e-mail at info@forgeconsulting.com or by telephone at 866-683-6743.

(f) Privacy Policy. Your use of this Website is subject to Forge Privacy Policy (the "Privacy Policy"), available through this link.

(g) Website Disclaimer. Your use of this Website is subject to the Forge Website Disclaimer (the "Website Disclaimer"), incorporated by reference herein and available through this link.

(h) Entire Agreement. These Terms of Use, the Privacy Policy, and the Website Disclaimer (collectively, this "Agreement") together constitute the entire agreement between you and Forge with respect to the use of this Website and its content.

(i) Severability and Waiver. If any provision of this Agreement shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties’ fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired. Failure by us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered as a waiver or relinquishment for the future of any such term or condition or of any other term or condition.

(j) Remedies for Violations. Forge reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Website.

8. Forge Companies Disclosures:

Effective Date: March 10, 2017



Last Revised: February 9, 2023