Disclosures, Compliance and Terms of Use - E&E Financial Services (2024)

Social Websites

E&E may utilize third-party websites, including social media websites, blogs, and other interactive content. E&E considers all interactions with clients, prospective clients, and the general public on these sites to be advertisem*nts under the securities regulations. As such, E&E generally retains copies of information that E&E or third parties may contribute to such sites. This information is subject to review and inspection by the CCO of E&E or the securities regulators.

Information provided on these sites is for informational and/or educational purposes only and is not, in any way, to be considered investment advice nor a recommendation of any investment product. Advice may only be provided by E&E’s advisory persons after entering into an advisory agreement and providing E&E with all requested background and account information.

If you have any questions regarding our policies, please Contact Us.

Email and Electronic Communication Disclosures

E&E often communicates with its clients and prospective clients through electronic mail (“email”), short message service (“SMS”), and other electronic means. Your privacy and security are very important to us. E&E makes every effort to ensure that electronic communications do not contain sensitive information. We remind our clients and others not to send E&E private information over email. If you have sensitive data to deliver, we can provide secure means for such delivery.

Please note: E&E does not accept trading or money movement instructions via email.

All emails and business-related SMS communications are sent through systems that can be archived and monitored. Please contact us at www.axxcesswealth.com for our approved texting number. As a registered investment advisor, E&E emails and SMS communications may be subject to inspection by the Chief Compliance Officer (“CCO”) of E&E or the securities regulators.

If you have received an email from E&E in error, we ask that you contact the sender and destroy the email and its contents

If you have any questions regarding our email policies, please Contact Us.

Securities offered through Xton Financial. Member FINRA, SIPC. Registered with the SEC and MSRB. Eric Sams CA Insurance # 0G97294

Eric Sams is an investment adviser representative of Axxcess Wealth Management, LLC (“Axxcess”), a registered representative of Xton Financial, LLC (“Xton”) as well as an independent insurance agent.

All securities are offered through Xton Financial, LLC (“Xton”). Xton is broker dealer registered with FINRA and SIPC which is located at 80 Broad St., 5th Fl, New York NY 10004. Xton is authorized to provide investment advisory services through its membership agreement with FINRA and operates as a State Registered Investment Adviser. Xton is also registered as a Municipal Advisor with the SEC and MSRB. The sender of this email is a Registered Representative, an Investment Adviser Representative and Municipal Advisor Individual of Xton or Associated Person. Fees paid to Xton shall not increase the fees that are charged to any client for investment services.

Information pertaining to the firm and its registered persons are available through the FINRA’s Broker Check site, at the SEC’s Investment Advisor Public Disclosure Site. A list of State securities regulators please visit www.nasaa.org. Additional information may also be found at www.XtonFinancial.com, by calling (917) 719-3807 or by sending an email to [emailprotected]. Any complaints against the firm or the Representative should be submitted to Xton’s CCO at the phone number or email address given above. Xton reserves and intends to exercise the right to review, monitor and retain the content of all e-mail communications.

Xton Financial and Axxcess are not affiliated. Advisory and Insurance services are offered independent of Xton Financial.

Information pertaining to Xton Financial and its registered persons are available through the FINRA’s Broker Check System or by calling the FINRA’s Broker Check Hotline at (800) 289-9999.

The FINRA Public Disclosure Program is governed by federal law, Securities and Exchange Commission (“SEC”) regulations and FINRA rules approved by the SEC. State Securities regulators also will provide information on brokers and securities firms to the general public. These State programs are governed by State laws and regulations which differ from the laws, regulations and rules governing the FINRA Regulation Public Disclosure Program. For a list of State securities regulators please visit www.nasaa.org.

FINRA believes its Public Disclosure Program is an important investor protection service, a view shared by Congress, the Securities and Exchange Commission (“SEC”), and the North American Securities Administrators Association (“NASAA”).

Relationship Summary (Form CRS)

Registered broker-dealers are required to deliver to retail investors a relationship summary disclosing certain information about the firm and its relationship with clients.

Click here for a copy of Tessera’s Relationship Summary (Form CRS)

E&E’s primary business, through Xton, is as a direct mutual fund retailer and a broker selling variable life insurance or annuities.

All investments involve risks, including possible loss of principal. Investors should carefully consider investment objectives, risks, charges and expenses. This and other important information is contained in the fundprospectuses and summary prospectuses, which can be obtained from a financial professional and should be read carefully before investing. Past performance is not indicative of future returns. Please consider your specific investment requirements before choosing a fund, or designing a portfolio that suits your needs.

This site has been designed for informational purposes only and does not constitute an offer to sell and is not a solicitation of an offer to buy any security which may be referenced upon the site. Such offers can only be made where lawful under applicable law. The services and information provided through this site are for personal, noncommercial use and display. E&E does not intend to provide investment advice through this site and does not represent that specific securities or services discussed are suitable for any investor. Investors are advised not to rely on any information contained in the site in the process of making a fully informed investment decision. E&E does not, and nor does this site intend to, render tax or legal advice.

Individuals and firms may only transact business in a jurisdiction after satisfying its licensing and qualification requirements or after being excluded or exempted. Broker/dealer, investment adviser, municipal advisor, broker-dealer agents and investment adviser representatives are some of the common names for registered firms and individuals.

Consumers should contact securities law administrators in their jurisdiction for information concerning the licensure status or disciplinary history of a registered individual or the firm. Summaries of information regarding registered agents and principals of Xton, and regarding the firm may be found at FINRA’s Broker Check site.

Any complaints against the firm or one of its Registered Representatives should be submitted to Xton’s (917) 719-3807 or by sending an email to [emailprotected]

E&E and Xton reserve and intend to exercise the right to review, monitor and retain the content of all electronic communications.

Business Continuity Plan

E&E Financial Services, LLC (“E&E”) and Xton Financial (‘Xton) have developed a Business Continuity Plan outlining how the firm will respond to events that significantly disrupt its business. Since the timing and impact of disasters and disruptions is unpredictable, the firm must be flexible in responding to actual events as they occur. With that in mind, the following information is being provided to you regarding Xton’s business continuity plan.

Contacting Us – if after a significant business disruption you cannot contact E&E as you usually do at 619-487-9638 or its alternate number 949.300.3565 or by calling (917) 719-3807.

Our Business Continuity Plan – E&E and Xton plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit the firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Our business continuity plan addresses data back-up and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor, bank and counter-party impact; and regulatory reporting.

While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, it is our objective to restore operations and be able to complete existing business and/or continue to conduct business within a reasonable amount of time based on the robust systems, fault tolerance and effective recovery from system errors or disruptions.

Varying Disruptions – Significant business disruptions can vary in their scope, and may affect only our firm, the building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or the building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within 1 business day. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume business within 3 business days. In either situation, we plan to continue in business, and notify you by telephone or E&E’s customer emergency number, 949-300-3565 or Xton by calling (917) 719-3807. If the significant business disruption is so severe that it prevents us from remaining in business, we will inform you.

Important Information We Collect

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions, including broker dealers, to obtain, verify, and record information that identifies each person who becomes a customer. To comply with these rules, we may ask for your name, address, date of birth, a picture identification and other information that will allow us to identify you. If we are unable to verify your identity, we may be unable to provide services to you or we may be unable to refer you to our clients for services and we may be required to report the information to law enforcement officials.

Privacy Policy

It is the policy of E&E and Xton to protect the privacy of any nonpublic, personal information (Confidential Information) about past, present or prospective Clients who are natural persons. It is our policy not to sell information under any circ*mstances and to limit disclosure of Confidential Information:

• to third parties who are authorized by law or rule of any regulatory authority to have the information (such as securities regulators),
• to persons who have been authorized to receive information in writing by the Client whose Confidential Information is being shared (such as the Client’s accountant or adviser);
• to third parties that perform services on our behalf (such as auditors, accountants and attorneys, all of whom are subject to strict confidentiality requirements);
• to third party money managers for which we are providing services; and
• if necessary in providing our services to our client

Collection and sharing of Confidential Information

We do not share any personal, nonpublic information about any Client that is a natural person, except when we share information about an individual who is a Prospective Advisory Client with the Asset Manager for whom we are soliciting investors. We do not share Confidential Information that we may receive with any third party, except as described above. Occasionally, we may be given Confidential Information or such information may be shared with us by prospective advisory clients or their advisers or representatives. Any Confidential Information that we receive will be protected under our privacy policy as described in this notice.

How We Protect Confidential Information

We have implemented several procedures that we believe are reasonably designed to protect Confidential Information, if any, that we may obtain. These procedures include:

• keeping hard copies of documents containing Confidential Information in locked cabinets;
• protecting electronic information by password, encryption or similar means;
• limiting the persons at our Xton who have access to Confidential Information to only those persons that need the information to perform their duties; and
• limiting access by service providers to Confidential Information to only those persons who are required by contract or law to maintain the confidentiality of Confidential Information.

SIPC Information

Xton Financial is a member of the Securities Investor Protection Corporation (“SIPC”). This notice is to alert you that you may obtain information about SIPC, including the SIPC brochure, by contacting SIPC. The contact information for SIPC is as follows:

Securities Investor Protection Corporation
805 15th Street, N.W. Suite 800
Washington, D.C. 20005‐2215
(202) 371‐8300
Email:[emailprotected]
Website: www.sipc.gov

Code Of Ethics

Every Adviser is required to develop a written Code of Ethics that sets standards of professional conduct for its personnel consistent with the Adviser’s fiduciary duties and other applicable law or that address, where applicable, standards of conduct for covered persons, protection of material nonpublic information, requirements to comply with federal securities laws, report personal securities transactions, review of those reports and report violations of the Code of Ethics to a designated person.

Xton’s Code is based on a few basic principles that should pervade all investment related activities of all employees, personal as well as professional:

1. The interests of the investors in its manager client’s products or services or its manager clients come before Xton’s or any of its employee’s interests;
2. Each employee’s professional activities and personal investment activities must be consistent with this Code and avoid any actual or potential conflict between the interests of investors in its manager clients products or services or its manager clients and those of Xton or its employees; and
3. Those activities must be conducted in a way that avoids any abuse of an employee’s position of trust and responsibility of Xton to investors in its manager clients products or services or its manager clients, including taking inappropriate advantage of that position.

Terms of Use

Please read these terms of use carefully before using our website. By using our website, you have agreed to the terms of use stated herein. If you do not agree to these terms, then you may not use this website.

This website, located at www.xtonfinancial.com (the “Website”), is owned and operated by E & E Financial Services, LLC (“E&E”) which has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website.

This Website shall be used for lawful purposes only. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

Our Website may contain copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound. E&E, all logos, and all other service marks used on the Website are trademarks or service marks of E&E. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. You agree not to use any trademarks, service marks, names, logos, or other identifiers of E&E without the prior written permission of E&E.

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of E&E.

In the event of any permitted copying (including the single copy download described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included.

Use of our Website indicates that you agree that the use of this Website is at your own risk. Neither E&E nor any of its members, managers, directors, officers, employees, agents, or third party content providers guarantee that the site will be error free, nor do they make any warranty as to the accuracy or reliability of the information or content provided on this Website. The Website is provided on an “As Is” basis.

You may only link to this Website with permission of E&E. In addition, a website that links to this site: (a) may link to, but not duplicate the content of this site; (b) may not create a frame or other border around the site content; (c) may not imply that E&E is endorsing it or its services or products; and (d) may not misrepresent its relationship with or otherwise create a false affiliation, connection or association with E&E.

Visitors to E&E’s website should be advised that at certain places we offer direct access or “links” to other internet websites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of E&E. E&E is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Furthermore, links to regulatory sites should not imply any endorsem*nt of E&E or Xton by that agency. E&E reserves the right to terminate any link or linking program at any time. E&E does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that E&E shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any information, goods or services available on or through any such site. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk.

Xton Financial, LLC
Phone: (917) 719-3807
Email: [emailprotected]