Welcome to PathbyOrigin.com, owned and operated by Path by Origin, LLC (“Path”), an SEC registered investment advisor that provides automated investment advisory services online and through mobile applications (collectively, the “Platform”).
Use and Access
In order to access certain features on our website or our mobile application, you must register to create an account (“User Account”). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify us immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions.
The publicly available portions of the Platform (that is, the sections of the Platform that are available to Users) are provided for educational purposes only and are not intended to provide legal, tax or financial planning advice. You agree, as a User, that you are responsible for your own investment research and investment decisions and that you will not rely on the Platform as the primary basis or your investment decisions.
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
You may unsubscribe from marketing emails at any time.
The Platform is only available for use in the United States, and Path makes no representation that the Platform is appropriate or available for use outside the United States. In the event you access the Platform from outside the United States, you are responsible for compliance with all local applicable laws.
Investment Tools and Model Predictions
Path makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Platform does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at Path may lose value.
The risk rating score displayed within a Path by Origin account is a number between 1 and 100, where 1 is the most risk adverse and 100 is the most risk seeking (in order to potentially maximize returns). The risk rating score is determined by the responses submitted to questions during the registration process. These questions include the investor’s investment objective, investment horizon, and tolerance for losses in anticipation of gains. If an investor feels the assigned risk rating score is not appropriate for their current needs, they can change it at any time by going to the app’s settings tab, choosing the account menu, and dialing the score up or down to what they prefer.
The dividend yield for an individual stock is the most recently paid “recurring” distribution annualized (so x4 for quarterly payers and x12 for monthly) divided by the current stock/ETF price. It does not include any special dividends from stocks or capital gains distributions from ETFs. It is not a projection, but rather backwards-looking on the distribution and then calculated using the current market price. A block or portfolio dividend yield is the weighted average (based on model target weight) current dividend yield of all the underlying securities. It is not reduced by any fees. It is also not a historic return nor a projected return.
Disclaimer and Liability Limits
If you are a User, and not a Client, you understand and acknowledge that the investment results you could obtain from information and financial insights provided by the Platform cannot be guaranteed. All investments entail a risk of loss. You agreed and understand that, except as otherwise provided for herein, we will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User.
Your use of the Platform, and the personal information you provide, is at your sole discretion and risk. The Platform and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED:
- REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM, CONTENT AND/OR USER INFORMATION;
- THAT THE PLATFORM WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
- THAT THE PLATFORM WILL BE FREE FROM ELECTRONIC VIRUSES; OR
- REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
IN NO EVENT SHALL PATH BY ORIGIN, LLC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS OR MANAGERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PATH BY ORIGIN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PATH’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
You may request termination of your User Account at any time and for any reason by sending an email to firstname.lastname@example.org.
Dispute Resolution; Agreement to Arbitrate
You and Path (for purposes of this section, “the parties”) agree that any claim or controversy that may arise between you and Path relating in any way to your use of the publicly available portions of the Platform will be determined by binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of these Terms and Conditions.
You and Path agree that the arbitration shall apply the substantive law of Illinois to all state law claims, that limited discovery shall be conducted in accordance with JAMS’s Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanations of the reasons for the award. You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.
Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any Controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a Controversy would be barred by a statute of limitation, repose or other time limit, if brought in a federal or state court action or proceeding, the parties agree that such Controversy shall be barred in an arbitration proceeding.
Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.
You agree to the following additional provisions regardless of your place of residence at the time a Controversy arises:
- You agree that any arbitration hearing will be held in Chicago, Illinois;
- You agree to the personal jurisdiction of the courts located in the State of Illinois, United States, to interpret and enforce the arbitration provisions described in these Terms and Conditions; and
- All arbitrations will be held in the English language, unless otherwise agreed to by the parties.
You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between Path and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Waiver and Severability
Platform and Terms Subject to Change