Website Terms of Use

ARQ Wealth Advisors LLC (“ARQ”) has created these Website Terms of Use (“Terms”) to govern your access to and use of ARQ’s public website, mobile applications, and other ARQ-controlled digital properties that link to or display these Terms (collectively, the “Services”).

ARQ respects your privacy. Our Privacy Policy describes how we collect, use, disclose, and protect personal information and explains applicable privacy choices and rights. Please review our Privacy Policy for additional information about our privacy practices.

Except as otherwise prescribed by applicable law, in the event of any inconsistency between the English-language version and a translated version of these Terms, the English-language version will prevail.

GENERAL INFORMATION

Please carefully read these Terms before using our Services. By accessing or using our Services, you agree to these Terms. Our collection, use, disclosure, and protection of personal information is described separately in our Privacy Policy.

If you do not agree to these Terms, then you must not use our Services. If you violate these Terms, we reserve the right to deny you access to our Services, together with any and all other legal remedies.

The headings used are included for convenience only and will not limit or otherwise affect these Terms.

Content available through the public portions of the Services is provided for general informational and educational purposes only and should not be construed as individualized investment, legal, accounting, or tax advice. Nothing on the public portions of the Services creates an investment advisory relationship between you and ARQ. An investment advisory relationship with ARQ is established only through an applicable written advisory agreement.

These Terms are between you and ARQ.

NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE OUR SERVICES

We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted for any reason (or no reason) and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and, for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

INTELLECTUAL PROPERTY

All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any intranet or extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic or other means any data or data fields from our Services, including personal information relating to other individuals, except as expressly authorized by ARQ or permitted by applicable law.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of ARQ, or licensors, and may not be copied, imitated, or used in whole or in part without the prior written permission of us, or our owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without our prior written permission.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its related content:

for any unlawful or fraudulent purpose;
to solicit others to perform or participate in any unlawful or prohibited acts;
to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information or otherwise attempt to mislead or impersonate another;
to introduce, upload, transmit, or distribute viruses, Trojan horses, ransomware, malware, malicious code, or other material designed to disrupt, damage, impair, alter, interfere with, or gain unauthorized access to the Services, systems, networks, data, or another user’s device;
to collect, track, or attempt to obtain personal information about another individual through the Services without authorization or other lawful basis;
to send unauthorized advertising, promotional materials, spam, phishing communications, or other unsolicited communications, or to facilitate malware, ransomware, or other malicious activity;
for any damaging, obscene or immoral purpose;
to bypass, disable, interfere with, or circumvent authentication, access controls, security features, rate limits, or other technical measures protecting the Services;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
to access, retrieve, copy, monitor, extract, or collect content or data from the Services through automated means, including robots, spiders, crawlers, scrapers, data-mining tools, or similar technologies, except through standard search-engine indexing or as expressly authorized by ARQ in writing;
to make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
to use the Services to advertise, solicit, market, or offer goods or services without ARQ’s prior written authorization;
to engage in unauthorized framing of or linking to the Services;
to interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services;
to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
to decipher, decompile, disassemble, or reverse engineer the software comprising or in any way making up a part of the website;
to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
to upload, transmit, deploy, or use malicious code or any unauthorized technology designed to monitor users, intercept communications, collect information, or interfere with the operation or security of the Services;
to use the Services in any manner that violates these Terms or applicable laws. ARQ reserves the right to terminate or restrict access to the Services for violations of these Terms, subject to applicable law.

CHILDREN’S INFORMATION

Our Services are intended for individuals 18 years of age or older and are not directed to children. ARQ does not knowingly seek to collect personal information through the Services from individuals under 18 years of age.

If you believe an individual under 18 has provided personal information to ARQ through the Services, please contact us using the information below. We will review the matter and take appropriate action consistent with applicable law and our legal and regulatory record-retention obligations.

PERSONAL INFORMATION & PRIVACY

ARQ’s collection, use, disclosure, and protection of personal information in connection with the Services is described in our Privacy Policy. The Privacy Policy also describes applicable privacy choices and rights and how individuals may contact ARQ regarding our privacy practices. Nothing in these Terms is intended to limit any privacy rights available to you under applicable law.

ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION

Errors, Inaccuracies, & Omissions

Our Services may contain typographical errors, inaccuracies, or omissions relating to information, materials, services, events, availability, or other content. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information available through the Services at any time, subject to applicable law.

Except as required by applicable law, ARQ does not undertake an obligation to update, amend, or clarify information available through the Services solely because information subsequently changes or becomes outdated.

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Links to the Services

You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk, and the exclusions and limitations set out above will apply to your use of our Services by linking to it.

Links to Third-Party Websites and Services

Our Services may contain links to or integrations with websites, applications, platforms, and services operated by third parties. These may include, among others, links that allow ARQ clients to access services provided by their account custodian or other service providers, including client portals and other financial technology platforms.

If you experience difficulty accessing a third-party service through our Services, please contact ARQ as described in our Accessibility Statement for information about accessibility assistance that may be available.

Information provided by ARQ through a third-party platform remains subject to applicable ARQ agreements and applicable law. Information supplied independently by the third-party provider is the responsibility of that provider, subject to applicable law.

You are responsible for protecting the credentials you use to access your custodian’s website or any third-party client portal made available in connection with ARQ’s services, including the client portal ARQ facilitates for its clients. You should not provide passwords or other authentication credentials through ARQ’s public website. If you believe your credentials have been compromised, promptly contact the applicable service provider and ARQ, as appropriate.

ARQ cannot guarantee the continuous availability or operation of a third-party website, platform, or service. If you are unable to access a third-party service through a link provided by ARQ, you may need to contact the third-party provider directly or contact ARQ for assistance identifying an alternative method of access, where appropriate.

ARQ does not control the operation, availability, security, content, or privacy practices of independently operated third-party services. The inclusion of a link or access point does not, by itself, constitute ARQ’s endorsement of all content, products, services, statements, or practices of the third party.

When you follow a link to or access a third-party service, your use of that service is governed by the third party’s terms, privacy notices, security practices, and other applicable agreements, rather than these Terms, except to the extent expressly stated otherwise. You should review those terms and policies before using the third-party service.

WARRANTY DISCLAIMER AND LIMITATION OF DAMAGES AND LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARQ DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

ARQ DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS OR ERRORS WILL BE CORRECTED. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK, SUBJECT TO APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARQ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR SIMILAR LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARQ’S AGGREGATE LIABILITY ARISING SOLELY FROM YOUR ACCESS TO OR USE OF THE PUBLIC PORTIONS OF THE SERVICES UNDER THESE TERMS WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500). THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Nothing in these Terms is intended to, or shall, waive, limit, or restrict any duty or liability that ARQ has under the Investment Advisers Act of 1940, the rules thereunder, or other applicable federal or state securities laws, where such duty or liability cannot lawfully be waived, limited, or restricted. Nothing in these Terms alters ARQ’s fiduciary obligations to its advisory clients.

Nothing in these Terms excludes, limits, or waives any liability, right, or remedy that cannot lawfully be excluded, limited, or waived under applicable law.

These limitations relate to the public Services governed by these Terms. They do not supersede or modify the terms of any investment advisory agreement between ARQ and an advisory client. If there is a conflict concerning the provision of investment advisory services, the applicable advisory agreement and applicable law will govern.

Some jurisdictions do not permit certain exclusions or limitations of warranties or liability. In those jurisdictions, the exclusions and limitations in these Terms will apply only to the fullest extent permitted by applicable law.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ARQ and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to your unlawful or unauthorized use of the Services, your material breach of these Terms, or your infringement or violation of the rights of another person or entity.

This indemnification obligation does not apply to the extent a claim arises from ARQ’s own violation of applicable law, breach of these Terms, gross negligence, willful misconduct, or breach of a duty that cannot lawfully be waived or limited. For clarity, this indemnification provision applies to third-party claims and is not intended to require you to indemnify ARQ merely because you assert a claim or exercise a right against ARQ.

ARQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. If ARQ does so, you agree to reasonably cooperate in the defense of the matter. You may not settle a claim in a manner that imposes liability, obligations, admissions, or restrictions on ARQ without ARQ’s prior written consent.

This indemnification provision relates solely to use of the Services governed by these Website Terms and does not supersede, amend, or modify an investment advisory agreement between ARQ and an advisory client. Nothing in this provision limits any right or remedy that cannot lawfully be limited or waived.

GOVERNING LAW

These Terms and any dispute arising under these Terms will be governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, except to the extent that applicable federal law or another law that cannot validly be displaced by agreement governs a particular issue.

This Governing Law provision applies only to these Website Terms and does not supersede, amend, or modify the governing-law provisions of any investment advisory agreement between ARQ and an advisory client. Nothing in this Governing Law provision is intended to waive, limit, or restrict the application of any federal or state law, right, duty, or remedy that cannot lawfully be waived, limited, restricted, or displaced by agreement.

You may not use the Services in violation of applicable federal, state, local, or other applicable laws or regulations. Access to the Services from a jurisdiction where such access or use is unlawful is prohibited.

The availability of information through the Services does not constitute an offer or solicitation to provide investment advisory services in any jurisdiction where ARQ is not authorized or permitted to provide such services.

ARBITRATION AND INDIVIDUAL DISPUTE RESOLUTION

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IT REQUIRES CERTAIN DISPUTES ARISING FROM THESE TERMS OR YOUR USE OF THE PUBLIC SERVICES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT AND LIMITS THE MANNER IN WHICH SUCH DISPUTES MAY BE BROUGHT.

Informal Resolution and Notice of Dispute

Before initiating arbitration, the party asserting a dispute or claim must provide the other party with written notice describing the nature and basis of the dispute or claim and the relief requested (a “Notice of Dispute”). A Notice of Dispute to ARQ must be sent using the contact information provided in the How to Contact Us section below.

After a Notice of Dispute is received, the parties will have thirty (30) days to attempt in good faith to resolve the matter informally. Neither party may initiate arbitration during that 30-day period unless applicable law requires earlier action to preserve a claim or remedy.

Agreement to Arbitrate

To the fullest extent permitted by applicable law, if a dispute arising out of or relating to these Terms or your access to or use of the public portions of the Services cannot be resolved through the informal process described above, you and ARQ agree that the dispute will be resolved by individual binding arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules determined by the AAA to be applicable to the dispute, including the AAA Consumer Arbitration Rules and Mediation Procedures where applicable, as modified by these Terms to the extent permitted by those rules and applicable law.

The arbitration may be conducted virtually, by telephone, through written submissions, or in person, as provided by the applicable AAA rules or as otherwise agreed by the parties or directed by the arbitrator. If an in-person proceeding is required, ARQ’s preferred location is Scottsdale, Arizona, except where the applicable AAA rules, applicable law, or the arbitrator require or permit a different location.

The arbitrator may award any individual remedy or relief available under applicable law that is within the scope of the arbitrator’s authority. Judgment on an arbitration award may be entered in any court of competent jurisdiction.

Nothing in this arbitration provision is intended to prevent either party from seeking temporary, preliminary, or other emergency injunctive relief from a court of competent jurisdiction where necessary to protect rights or prevent imminent harm pending arbitration, to the extent permitted by applicable law.

CLASS ACTION AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ARQ AGREE THAT DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER YOU NOR ARQ WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CLASS-WIDE ARBITRATION, EXCEPT TO THE EXTENT SUCH A WAIVER IS PROHIBITED BY APPLICABLE LAW.

If a court of competent jurisdiction determines that a particular claim, remedy, or request for relief cannot lawfully be subject to the foregoing waiver or cannot lawfully be resolved in arbitration, that claim, remedy, or request for relief will proceed as required by applicable law, and the remainder of this arbitration provision will be enforced to the fullest extent permitted by applicable law.

Nothing in this section waives any right or remedy that cannot lawfully be waived.

Relationship to ARQ Investment Advisory Agreements

This arbitration provision governs only disputes arising from or relating to these Website Terms or the public portions of the Services. It does not supersede, replace, amend, or modify any dispute-resolution provision contained in an investment advisory agreement between ARQ and an advisory client.

If a dispute concerns investment advisory services provided by ARQ under an investment advisory agreement, the applicable investment advisory agreement and applicable law will govern.

Nothing in these Terms waives, limits, or restricts any duty, liability, right, or remedy under the Investment Advisers Act of 1940, the rules thereunder, or other applicable federal or state securities laws that cannot lawfully be waived, limited, or restricted.

Claims Arising Solely Under These Website Terms

To the fullest extent permitted by applicable law, any contractual claim arising solely under these Terms must be commenced within one (1) year after the claim accrues.

This contractual limitation does not:

• shorten any statutory limitation period that cannot lawfully be shortened by agreement;

• apply to a claim arising under an investment advisory agreement;

• waive, limit, or restrict any right or remedy that cannot lawfully be waived, limited, or restricted; or

• prevent a party from taking action required by law to preserve a claim or remedy.

Changes to This Arbitration Provision

If ARQ makes a material change to this arbitration provision in the future, the change will not apply to a dispute for which ARQ received a written Notice of Dispute before the effective date of the change, except where the parties otherwise agree or applicable law requires otherwise.

SEVERABILITY

If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, to the extent necessary, the unenforceable portion will be severed. The remaining provisions of these Terms will remain in full force and effect, except as otherwise expressly provided in these Terms or required by applicable law.

TERMINATION AND SUSPENSION OF ACCESS

ARQ may suspend, restrict, or terminate your access to all or any portion of the Services if you violate these Terms, misuse the Services, create a security or operational risk, or where ARQ reasonably determines that suspension, restriction, or termination is necessary or appropriate to protect the Services, ARQ, other users, or third parties, or to comply with applicable law.

To the extent appropriate under the circumstances, ARQ may take such action with or without prior notice, subject to applicable law.

Provisions of these Terms that by their nature should survive termination or cessation of access will remain effective, including provisions concerning intellectual property, prohibited uses, warranty disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and other provisions necessary to interpret or enforce these Terms.

NO THIRD-PARTY BENEFICIARIES

Except as expressly provided in these Terms, these Terms are for the benefit of you and ARQ and are not intended to confer rights or remedies on any other person or entity.

ASSIGNMENT

ARQ may assign its rights or delegate its obligations under these Website Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assets or business to which the Services relate, subject to applicable law.

This provision applies only to these Website Terms and does not authorize the assignment of an investment advisory agreement. Any assignment of an investment advisory agreement is governed by that agreement and applicable securities laws.

ACCESSIBILITY

ARQ is committed to improving the accessibility of its digital Services for individuals with disabilities. If you experience difficulty accessing or using any portion of the Services, please see our Accessibility Statement for information about requesting accessibility assistance.

CHANGES TO THESE TERMS

ARQ may revise these Terms from time to time to reflect changes in the Services, ARQ’s practices, legal or regulatory requirements, or other appropriate business reasons. Unless otherwise required by applicable law or expressly stated in the revised Terms, revisions will become effective when the updated Terms are posted to the Services.

The “Last Updated” date at the bottom of these Terms indicates when these Terms were most recently revised.

Changes to the Arbitration and Individual Dispute Resolution provisions are additionally subject to the requirements stated in the Changes to This Arbitration Provision section above.

HOW TO CONTACT US

If you have any questions about the Terms, please contact us:

Email: Info@ARQWealth.com
Telephone: 480-214- 9572
Address: 8605 E Raintree Drive, Suite 240, Scottsdale, AZ 85260

Last Updated: October 2026