Terms of Service
Last updated: [TO CONFIRM: effective date]
1. Acceptance of These Terms
These Terms of Service ("Terms") govern your access to and use of the website located at lubbers.ellija.com and any related pages operated by Lubbers & Associates, LLC ("Lubbers & Associates," "we," "us," or "our"). By accessing or using this site, you agree to be bound by these Terms and by our Privacy Policy and Disclaimer, which are incorporated here by reference. If you do not agree, do not use this site.
2. Who We Are
Lubbers & Associates, LLC is an independent financial consulting and insurance firm located at 3950 Wilson Ave SW, Grandville, Michigan 49418. Investment advisory services are offered through Ellija Capital Management, LLC, an investment adviser registered with the State of Michigan and the State of Illinois and affiliated with Lubbers & Associates, LLC.
3. No Advisory, Agency, or Client Relationship
Using this website, submitting the contact form, or communicating with us through this site does not create an advisory, agency, brokerage, fiduciary, or client relationship. A relationship is established only when both parties execute a written agreement, or, for insurance business, when an application is submitted and a policy is issued by the carrier.
Information you send us through this website is not treated as confidential until a relationship is established, and submitting information does not obligate us to act on it.
4. Informational Purpose Only
All content on this site is provided for general educational and informational purposes and does not constitute financial, investment, insurance, tax, or legal advice, nor an offer or solicitation to buy or sell any product or security. Please read our Disclaimer for the full terms that apply to the content published here.
5. Geographic Scope
This site is controlled and operated from the United States and is intended for residents of states in which Lubbers & Associates, LLC and its representatives are properly licensed or registered, or are exempt from licensing or registration. We make no representation that the content is appropriate or available for use in other locations. If you access this site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.
6. Permitted Use
You may view, download, and print content from this site for your own personal, non-commercial reference. All other use requires our prior written permission.
You agree not to:
- Use this site for any unlawful purpose or in violation of these Terms
- Copy, reproduce, republish, distribute, or create derivative works from site content for commercial purposes
- Use this site as a marketing materials source, asset allocator, or risk assessment tool for another financial professional's practice
- Attempt to gain unauthorized access to any part of the site, its servers, or related systems
- Introduce viruses, malware, or other harmful code
- Use automated systems, scrapers, or bots to harvest content or contact information
- Interfere with the operation of the site or with any other user's use of it
- Submit false, misleading, or fraudulent information through any form on this site
7. Intellectual Property
The content, layout, design, graphics, logos, and trademarks on this site are owned by Lubbers & Associates, LLC or its licensors and are protected by United States copyright and trademark law. Nothing on this site grants you any license or right to use any mark displayed here without our prior written consent, or the consent of the third party that owns it.
8. Submissions Through This Site
Any question, comment, suggestion, or other material you submit through this site is not confidential unless a client relationship has been established. You grant us the right to use, reproduce, and act upon such submissions for the purpose of responding to you and operating our business. You represent that you have the right to submit any information you provide and that it does not violate the rights of any third party.
9. Communications Consent
By submitting our contact form, you consent to receive communications from us, including emails, phone calls, and text/SMS messages. Message and data rates may apply, message frequency may vary, you may reply STOP to opt out of future messaging, and you may reply HELP for assistance. See our Privacy Policy for details on how we handle your contact information and your opt-out choices.
10. Third-Party Websites and Services
This site contains links to and embedded content from websites and services operated by third parties, including Google Maps and the Blueleaf client portal. We do not control these third parties, do not endorse them by linking to them, and are not responsible for their content, accuracy, availability, security, or practices. Your use of a third-party site or service is at your own risk and subject to that party's terms and privacy policy.
11. Availability of the Site
We do not guarantee that this site will be available at all times, uninterrupted, or error-free. We may modify, suspend, or discontinue any part of the site at any time without notice, and we may update or remove content without notice.
12. Disclaimer of Warranties
THIS SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LUBBERS & ASSOCIATES, LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS OR HARMFUL COMPONENTS. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THIS SITE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LUBBERS & ASSOCIATES, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR INVESTMENT LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS SITE OR ANY CONTENT ON IT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms is intended to waive or limit any right or remedy you may have under applicable federal or state securities or insurance laws, and some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless Lubbers & Associates, LLC and its members, officers, employees, agents, and affiliates from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, arising out of your use of this site, your violation of these Terms, or your violation of any law or the rights of a third party.
15. Privacy
Our collection and use of information through this site is described in our Privacy Policy. Client financial information is additionally governed by our Financial Privacy Notice.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to these Terms or your use of this site will be brought exclusively in the state or federal courts located in Kent County, Michigan, and you consent to the personal jurisdiction of those courts.
[TO CONFIRM: governing law and venue — counsel should confirm Michigan / Kent County, and decide whether to add an arbitration clause or class action waiver. Note that client agreements and carrier contracts may contain their own dispute resolution provisions that take precedence.]
17. Changes to These Terms
We may revise these Terms at any time by posting an updated version on this page with a new "Last updated" date. Your continued use of the site after changes are posted constitutes your acceptance of the revised Terms. Please review this page periodically.
18. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy and Disclaimer, are the entire agreement between you and Lubbers & Associates, LLC regarding your use of this website. They do not supersede any separate written agreement you have with us or with Ellija Capital Management, LLC, which controls as to its subject matter.
19. Contact
Questions about these Terms may be directed to:
Lubbers & Associates, LLC
3950 Wilson Ave SW
Grandville, MI 49418
Phone: (616) 531-7300
Email: [TO CONFIRM: preferred public contact email]