Disclaimers and Terms of Service

Effective Date: 01/01/2025

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of SafeWater Investment Management’s website and services. SafeWater Investment Mgmt is a registered investment advisor (“RIA”) registered with the state of Georgia. By accessing our website or using our services, you agree to be bound by these Terms.

2. Regulatory Status and Fiduciary Duty

2.1 Registration Status

SafeWater is registered as an investment advisor under the Investment Advisers Act of 1940 and/or applicable state securities laws. Our registration does not constitute an endorsement by regulatory authorities.

2.2 Fiduciary Duty

As a registered investment advisor, we have a fiduciary duty to act in the best interests of our clients. This includes duties of care and loyalty when providing investment advice.

2.3 Form ADV Disclosure

Our Form ADV disclosure document is available upon request and contains important information about our services, fees, conflicts of interest, and business practices.

3. Services Provided

3.1 Investment Advisory Services

We provide investment advisory services including but not limited to:

• Portfolio management
• Financial planning
• Investment research and recommendations
• Asset allocation guidance

3.2 Website Content

Our website provides general information, educational content, and resources. Website content is not personalized investment advice.

3.3 No Broker-Dealer Services

We do not act as a broker-dealer and do not execute securities transactions unless specifically disclosed.

4. Client Relationship and Agreements

4.1 Advisory Agreement Required

Investment advisory services require execution of a separate Investment Advisory Agreement. These Terms supplement but do not replace that agreement.

4.2 Suitability and Know Your Customer

We will conduct appropriate due diligence to understand your financial situation, investment objectives, and risk tolerance before providing advice.

4.3 Client Responsibilities

Clients must provide accurate, complete, and current information about their financial situation and promptly notify us of material changes.

5. Investment Risks and Disclaimers

5.1 Investment Risk Disclosure

All investments involve risk of loss. Past performance does not guarantee future results. Securities values fluctuate and you may lose money.

5.2 No Guarantee of Performance

We do not guarantee investment performance or that investment objectives will be achieved.

5.3 Market Risk

Market conditions, economic factors, and other variables beyond our control affect investment performance.

6. Fees and Compensation

6.1 Advisory Fees

Advisory fees are detailed in your Investment Advisory Agreement and Form ADV Part 2A.

6.2 Additional Costs

You may incur additional costs, including custodial fees, transaction costs, and mutual fund expenses.

6.3 Conflicts of Interest

We will disclose material conflicts of interest in our Form ADV and as they arise.

7. Privacy and Confidentiality

7.1 Privacy Policy

Our Privacy Policy, incorporated by reference, describes how we collect, use, and protect your personal information.

7.2 Confidentiality

We maintain the confidentiality of client information in accordance with applicable privacy laws and regulations.

7.3 Data Security

We implement reasonable security measures to protect client information, but cannot guarantee absolute security.

8. Website Use and Restrictions

8.1 General Information Only

Website content is for informational purposes only and does not constitute personalized investment advice.

8.2 No Solicitation

Website content is not a solicitation to buy or sell securities or to engage our services in jurisdictions where prohibited.

8.3 Prohibited Uses

You may not:

• Use the website for unlawful purposes
• Attempt to gain unauthorized access to our systems
• Distribute malware or disruptive code
• Violate applicable securities laws or regulations

9. Intellectual Property

9.1 Proprietary Rights

All website content, including text, graphics, logos, and software, is our property or licensed to us.

9.2 Limited License

We grant you a limited, non-exclusive license to access and use the website for personal, non-commercial purposes.

9.3 Restrictions

You may not reproduce, distribute, modify, or create derivative works without our written consent.

10. Communications and Electronic Delivery

10.1 Electronic Communications

You consent to receive communications from us electronically, including notices, disclosures, and other information.

10.2 Email Security

Email communications are not secure and may be intercepted. Avoid sending sensitive information via email.

10.3 System Availability

We do not guarantee continuous website availability or that communications will be received.

11. Limitation of Liability

11.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT OF ADVISORY FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

11.2 Exclusion of Consequential DAMAGES

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11.3 Investment Losses

WE ARE NOT LIABLE FOR INVESTMENT LOSSES EXCEPT TO THE EXTENT SUCH LOSSES RESULT FROM OUR BREACH OF FIDUCIARY DUTY.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Georgia without regard to conflict of law principles.

12.2 Arbitration

Investment advisory disputes may be subject to arbitration as specified in your Investment Advisory Agreement.

12.3 Venue

Any litigation shall be brought in the courts of Georgia.

13. Regulatory Compliance

13.1 Securities Laws

We comply with applicable federal and state securities laws and regulations.

13.2 Regulatory Examinations

We are subject to regulatory examination by the SEC and/or state regulators.

13.3 Compliance Program

We maintain policies and procedures reasonably designed to ensure compliance with applicable laws.

14. Termination

14.1 Termination Rights

Either party may terminate the advisory relationship as specified in the Investment Advisory Agreement.

14.2 Effect of Termination

Upon termination, these Terms remain in effect for website usage, and confidentiality obligations survive.

14.3 Return of Materials

We will return client materials as specified in the Investment Advisory Agreement.

15. General Provisions

15.1 Entire Agreement

These Terms, together with your Investment Advisory Agreement and Form ADV, constitute the entire agreement regarding website usage.

15.2 Amendments

We may update these Terms by posting revised Terms on our website with an updated effective date.

15.3 Severability

If any provision is deemed invalid, the remaining provisions remain in full force and effect.

15.4 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

15.5 Assignment

You may not assign these Terms. We may assign these Terms in connection with a business transfer.

16. Contact Information

For questions about these Terms, please contact us at:

SafeWater Investment Management

 300 Peachtree St NE, Ste CS2, PMB 1080, Atlanta, GA 30308

229.798.3502

owen@safewaterinvestments.com

craig@safewaterinvestments.com     

Investment Advisor Registration: CRD 6483958 Regulatory Authority: FINRA