Model Portfolios Sample Clauses

Model Portfolios. Advisor acknowledges that Betterment may make available certain model investment portfolios developed by third-party providers (each, a “Model Portfolio Provider”) to provide some or all Advisors and Clients with Products and/or allocations (a “Model Portfolio”) that differ from the Products and/or allocations Betterment has selected based on Betterment’s investment methodology. If instructed by Advisor in accordance with the terms of this Agreement, Betterment will invest a Client’s assets in a Model Portfolio. Notwithstanding anything to the contrary in Section 4 above, Betterment will not recommend an IPS to a Client who is placed in a Model Portfolio and will instead allocate the Client’s accounts in accordance with the parameters specified by the Model Portfolio selected by the Advisor. With respect to a Client in a Model Portfolio, Advisor, and not Betterment, shall be responsible for managing the Client’s account on the basis of the Client’s financial situation and investment objectives. Advisor will be responsible for informing all Clients who are placed in a Model Portfolio (i) that they are placed in a Model Portfolio and not a Betterment-selected portfolio and (ii) of the foregoing allocation of responsibilities between Betterment and Advisor. Advisor understands that certain features of the Interface may not work in conjunction with a given Model Portfolio, and that Advisor is responsible for explaining these limitations to Client. In connection with the use of any Model Portfolio, Advisor makes the representations warranties, and acknowledgements set forth in Exhibit A hereto. Except as explicitly modified by this Section, all provisions of this Agreement will remain in effect, and Betterment shall provide services as described herein to Advisor and Client.

Model Portfolios. Client acknowledges that Betterment may make available certain model investment portfolios (each, a “Model Portfolio”) developed by third-party providers (each, a “Model Portfolio Provider”) to provide Advisor and Clients with Products and/or allocations that differ from the Products and/or allocations Betterment has selected based on Betterment’s investment methodology. If instructed by Advisor in accordance with the Advisor Agreements, Betterment will invest a Client’s assets in a Model Portfolio. Betterment will not recommend an IPS to a Client who is placed in a Model Portfolio and will instead allocate the Client’s Accounts in accordance with the parameters specified by the Model Portfolio selected by the Advisor on the Client’s behalf. The Client’s ability to adjust the allocations or risk tolerances within a Model Portfolio, to the extent permitted, will be governed by the Advisor Agreements. With respect to a Client in a Model Portfolio, Advisor, and not Betterment, shall be responsible for managing the Client’s Account on the basis of the Client’s financial situation and investment objectives. Betterment will be responsible for informing a Client who is placed in a Model Portfolio (i) that the Client is placed in a Model Portfolio and not a Betterment-selected portfolio and (ii) of the foregoing allocation of responsibilities between Betterment and Advisor. Neither Betterment nor any Model Portfolio Provider shall be liable for any loss arising out of Advisor’s selection of a Model Portfolio or any actions that Advisor takes, or fails to take, in connection with the management of a Client’s Account. Client acknowledges that the availability of a Model Portfolio is not a recommendation as to the advisability of using such Model Portfolio, and that no Model Portfolio Provider is making any representations regarding the suitability of any Model Portfolio for Client. Client is not relying on a Model Portfolio Provider, including for any individualized investment advice regarding a Model Portfolio, and may have limited recourse against a Model Portfolio Provider in connection with Advisor’s selection of a Model Portfolio on Client’s behalf. Client acknowledges that Model Portfolios may include Products sponsored by the applicable Model Portfolio Provider or an affiliate thereof, and such Model Portfolio Provider or an affiliate may have an affiliation with Advisor, and therefore such Model Portfolio Provider and/or Advisor may be subject to a potential...

Model Portfolios. Through the Program, Adviser offers various asset allocation portfolios (the “Portfolios”), which may be developed by Adviser or third-parties, and are designed to allocate assets among ETFs that represent different asset classes, with any cash allocations or excess cash balances swept into and out of an FDIC-insured deposit account opened by the Custodian at a participating bank. Adviser reserves the right to change, in its sole discretion from time to time and without prior notice to Client: (i) the number of Portfolios available through the Program that it deems appropriate to address the investment objectives, investment time horizons, and risk tolerances of its clients; (ii) the ETFs that comprise each of the Portfolios; and (iii) the relative weightings of the ETFs within each of the Portfolios. Adviser further reserves the right to change, in its sole discretion from time to time, upon providing prior notice to Clients, the model provider, if any, from which Adviser obtains any or all Portfolios, and to make Portfolios developed by additional model providers available through the Program. It is agreed that Adviser does not provide any tax or legal advice.

Model Portfolios. Several of the Model Portfolios share the same investment philosophies as certain subscription services published by our affiliate, The Motley Fool, LLC (“TMF”). However, MFWM’s Model Portfolios do not attempt to track these (or any) TMF services. As further explained below in Section 2.b.5) (Basis of Advice), you understand and acknowledge that Model Portfolios and your Account may diverge completely from TMF’s services. Rather than choosing a portfolio comprised primarily of our traditional stock-based Model Portfolios, you may elect a portfolio comprised exclusively of unaffiliated ETFs. We refer to our Model Portfolios that exclusively utilize ETFs as “Index-Based Model Portfolios.” Please note, however, that you generally cannot create a blended portfolio consisting of both Index-Based Model Portfolios and stock-based Model Portfolios (except that this limitation does not apply to the Fixed Income Model Portfolio, which is ETF-based and can be incorporated into most portfolios). We may make limited exceptions to this general restriction in our sole discretion and consistent with our fiduciary duty. For ease of reference, unless we expressly exclude Index Based Model Portfolios below, all references to “Model Portfolios” include both stock- based and Index Based Model Portfolios. As with all investments, the holdings in your Account involves risk. MFWM does not guarantee the results of any of its advice or account management. Significant losses can occur from investing in securities, or by following any investment strategy, including those recommended or applied by MFWM. The risks associated with each Model Portfolio are described in Appendix B to this Agreement. You acknowledge and agree that you have read and understand these risks.

Model Portfolios. Adviser manages and maintains a number of model portfolios to cater to a wide range of investor needs. These portfolios are comprised of a range of underlying investments which have been selected by Adviser in accordance with the objective of the portfolio and any conditions within financial markets which are considered relevant by Adviser. All portfolios will be rebalanced periodically in accordance with the views of Adviser. When a portfolio is rebalanced, or an investment bought or sold, on Client’s behalf, brokerage fees will be incurred and charged to Client. Adviser receives no direct, or indirect remuneration or financial benefit of any kind from any brokerage fees incurred. Adviser will only instigate a rebalancing of a portfolio, or the purchase or sale of an underlying investment in the event that it is considered by Adviser that there may be potential benefit to Client in doing so.

Model Portfolios. Advisor acknowledges that Betterment may make available certain

Model Portfolios. The Client’s account will be managed based on the Model Portfolio(s) agreed upon between the Advisor and the Client. The language and disclosures within the WWA Risk Assessment Disclosure and corresponding results from the Client’s Risk Assessment will be used as a guide to help determine suitable Model Portfolio investments for the Client. Investment strategies are not required to match the Client’s risk category exactly and can be adjusted based on the Advisor and Client’s understanding of available options and understanding of risk. The Model Portfolios identify securities of various types, characteristics representing various asset classes, including, but not limited to, debt and equity securities, exchange- traded funds, exchange-traded notes, mutual funds, and structured securities products. The Model Portfolios are designed to address broadly defined investment goals, objectives, risk tolerance, and other factors for Clients having generally similar circumstances. A Model Portfolio may be customized to more closely address the Client’s specific circumstances or to reflect similar investments the Client already holds. It may be necessary to liquidate some of the Client’s current investments to align the Client’s holdings with the Model Portfolio(s). The composition of the Model Portfolios may be changed from time to time. Changes in the Model Portfolios will typically result in changes to the investments held in the Client’s account. Generally, these changes will occur without consideration of the Client’s specific investments or the period of time the Client may have held them or the resulting tax consequences for taxable accounts. For taxable accounts, any sale of the Client’s investments may result in a taxable gain or loss reportable on the Client’s income tax return.

Model Portfolios. 2.8.1. Where you advise your underlying clients to invest in one or more of Credo’s model portfolio of investments, we will not provide advice to your underlying clients in relation to any model portfolios. We will not therefore consider the suitability or appropriateness of any transactions entered into. It is your responsibility to advise your clients in relation to the suitability and appropriateness of any model portfolio in compliance with the FCA Rules. It is also your responsibility to monitor each Account that is linked to such model portfolio(s) and to continue to assess the suitability or appropriateness of all transactions entered into (including those resulting from changes to the model portfolio(s) and rebalancing of each Account), on an ongoing basis and to ensure that the model portfolio and rebalancing are correctly applied to each Account. 2.8.2. Where Xxxxx decides both the asset allocation and the investments held within a model portfolio, then our role is to construct the model portfolio with asset allocations designed to represent certain investment objectives and risk profiles and select the investments to populate each model portfolio, at our discretion and in line with the principle of prudent diversification, where appropriate. We will review a model portfolio where we select the investments periodically as we consider appropriate. As a result of these reviews, we may instruct changes to the model portfolio(s). We may also periodically instruct a rebalancing of Accounts that are linked to the model portfolio(s). 2.8.3. Where you decide upon the allocation of model portfolios to be held in any Account or the asset allocation and/or the investments held within any Account that is linked to the model portfolio(s), then we will take instructions from you as to the creation of these model portfolios for that Account and changes to it, and rebalancing of that Account linked to these model portfolios. Where you instruct a rebalance of any Account linked to these model portfolios, this will result in transactions being applied to that Account to reflect the relevant model portfolio. We are not responsible for any loss arising from the choice of any model portfolio, or any reliance placed upon your services by your underlying clients. We do not accept liability for any action or failure to take action on the part of you or your contractors or agents. 2.8.4. We do not provide any express or implied warranty as to the performance or profitabi...

Model Portfolios