Wealthtender Coaching Connections Addendum
Last Updated: March 31, 2021
This Wealthtender Coaching Connections Addendum is an addendum to the Wealthtender Terms of Service between Wealthtender, Inc. (“Wealthtender”,”Platform”, “us” or “we”) and people (“Participants” or “you”) who choose to initiate coaching services with a coach (“Participating Contributor”, “coach”) on the Wealthtender platform.
Wealthtender provides a marketplace where, among other things, Participants who desire financial coaching can choose options and make payments for coaching services offered by Participating Contributor coaches.
One option for Participants is to identify a coaching offer promoted on the Wealthtender platform, choose a coach and coaching package, enter contact information and complete payment. Wealthtender will then contact the selected coach and share Participant contact information and coaching package selection. The coach can then contact the Participant to discuss when and how the coaching services will be delivered.
Additional options are for Participants to purchase coaching services as a gift and/or to purchase a coaching service and request Wealthtender select a coach on their behalf.
As a Participant, if you request Wealthtender to select a coach on your behalf, you authorize Wealthtender to match you with a Participating Contributor coach on our platform and to cancel an existing match and/or rematch you with a coach based on our sole discretion. Any decision by a Participant to accept coaching services is a decision made in such Participant’s sole discretion. Each coaching service provided by a Participating Contributor coach to a Participant shall constitute a separate agreement between such persons.
The Participating Contributor coaches are independent providers who are neither Wealthtender employees nor agents nor representatives. Wealthtender’s role is limited to offering lead generation services for Participating Contributors on our platform. The coaching services themselves are the responsibility of the Participating Contributor coach who provides them.
While we hope the coaching services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for face-to-face coaching in every particular situation.
Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COACHING SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PARTICIPATING CONTRIBUTOR COACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive coaching services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Wealthtender Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Participating Contributor coaches and us.
If you receive any file from us or from a Participating Contributor coach, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including coaching services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to firstname.lastname@example.org. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Participating Contributor coach, and issuing partial or full refunds when applicable.
Modifications, Termination, Interruption and Disruptions to the Platform
Wealthtender reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Addendum and these Terms at any time by posting the amended Addendum and/or Terms to the Site or any of the other Wealthtender Services. If Wealthtender updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes.
Your continued use of the Wealthtender Community or any of the other Wealthtender Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Wealthtender will use commercially reasonable efforts to notify you of such change. Wealthtender may provide notice through a pop-up or banner within any of the Wealthtender Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms.
Additionally, if the changed Terms materially modify your rights or obligations, Wealthtender may require you to provide consent by accepting the changed Terms. If Wealthtender requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Wealthtender, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Wealthtender Services.
IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL WEALTHTENDER SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.