Last updated: October 1, 2020
IMPORTANT! THESE TERMS GOVERN YOUR PARTICIPATION IN THE DIRECTORY. BY CLICKING “I AGREE”, LISTING YOUR PROFILE ON THE DIRECTORY OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS (B) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL ALSO BE BOUND BY WEALTHTENDER’S TERMS OF SERVICE (HTTPS://WWW.WEALTHTENDER.COM/TERMS-OF-SERVICE/)(THE “TERMS OF SERVICE”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OR THE TERMS OF SERVICE, YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE DIRECTORY. All defined terms used herein but not defined in these Terms shall have the meanings prescribed to these terms in the Terms of Service.
The Terms of Service contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Wealthtender to binding and final arbitration. You will only be permitted to pursue claims against Wealthtender on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Directory. The Directory offers Participating Contributors various benefits depending on the tier of benefits available and selected by a Participating Contributor, including the opportunity to have their profile included on the Directory. There are one (1) or more tiers of benefits available to you as more particularly described at www.wealthtender.com (the “Tier of Benefits”).
You understand that all Participants and other Users of the Wealthtender Services will have access to all content and other information that you include on your profile page or through the Directory (collectively, the “Directory Information”).
2. Subscription. Subject to compliance with these Terms and the Terms of Service, including the payment of the applicable fees, Wealthtender grants to you the right to participate in the Directory in accordance with the applicable Tier of Benefits. Your subscription shall automatically renew on a monthly basis unless you notify Wealthtender in writing that you wish to terminate your subscription at least ten (10) prior to the start of the applicable month or Wealthtender terminates your right to participate in the Director in accordance with Section 9.
3. Monthly Directory Fees. The Participating Contributor shall pay the monthly fees for the applicable Tier of Benefits (the “Monthly Directory Fees”) on or prior to first (1st) day of the applicable month. The current Monthly Directory Fees can be found at www.wealthtender.com.
Unless otherwise agreed by Wealthtender, payment of the Monthly Directory Fees and any related taxes shall be paid by credit or debit card. You shall provide a valid credit or debit card for the payment of the Monthly Directory Fees and taxes prior to participation in the Directory. You agree that all information that you provide to Wealthtender will be true, accurate, current, and complete at all times. You hereby authorize Wealthtender to automatically charge the credit or debit card for any Monthly Directory Fees that are due and payable.
Wealthtender may use a third-party payment processor directed by Wealthtender (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”) to process credit and debit card payments.
You agree to be bound by the applicable agreement of Wealthtender’s Payment Processor. As a condition of Wealthtender’s enabling payment processing services through a Payment Processor, you agree to provide Wealthtender accurate and complete information about you, your business, your credit or debit card and such other information required by the Payment Processor, and you authorize Wealthtender to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
Taxes are separate and you shall be solely responsible for any such taxes. Taxes and shipping costs shall be due and payable when the applicable Monthly Directory Fees are due and paid.
THE MONTHLY DIRECTORY FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS, REQUIRED BY LAW OR AGREED TO BY WEALTHTENDER IN ITS SOLE DISCRETION.
4. Participation in the Directory. Wealthtender reserves the right to prohibit any Contributor from participating in the Directory in its sole discretion, with or without cause.
5. Accuracy of Information; Right to Edit. You agree that any and all Directory Information shall be complete, up-to-date, and accurate at all times (collectively, the “Directory Information”). You acknowledge and agree that Wealthtender shall have the right to edit any Directory Information without your prior approval. Edits can include, spelling, grammar, punctuation, and changes to other text that could confuse Participants or reduce the accuracy of your information.
6. Content Provided by You. You acknowledge that you are responsible for any material you may submit via the website, including the legality, reliability, appropriateness, originality and copyright of any such material.
You may not upload to, distribute or otherwise publish through this website any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
By submitting material to the website, you grant Wealthtender, Inc. and its affiliates a nonexclusive, royaltyfree, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.
You acknowledge that the financial services industry is highly regulated and that certain state and federal securities rules and regulations may be implicated as a result of content you post to the website. You are responsible for reviewing your profile, including any and all content posted by third-parties related to the content you post. You are responsible for:
• ensuring that your profile is accurate and up-to-date
• notifying your compliance provider, if applicable, of your business profile with Wealthtender, Inc.
• archiving content, as applicable
• ensuring the accuracy and reliability of the content you create and post
7. Compliance. To the extent applicable, you are responsible for disclosing your Wealthtender profile to your firm’s compliance contact, subject to your firm’s policies and procedures. You may be required to disclose:
Furthermore, you may be required to utilize a third-party vendor to properly archive your Wealthtender profile content in order to comply with the books and records requirements of your jurisdiction.
8. Recommendations and Endorsements. You understand that Wealthtender does not recommend or endorse any Participating Contributor. You are responsible for ensuring that the presence or display of Wealthtender badges on your Wealthtender profile, your firm’s website, your social media accounts or published by you elsewhere are appropriate and do not violate any guidance or rule regarding accolades and rewards.
9. Relationship of the Parties. You agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between us, or as authorizing either of us to act as the agent of the other. You are and will remain an independent contractor in your relationship to Wealthtender. Nothing in these Terms shall create any obligation between either of us and a third party.
10. Discontinuation of the Directory. Wealthtender reserves the right to modify, suspend, or discontinue the Directory at any time with or without notice to the Participating Contributors. Wealthtender shall not be liable to any Participating Contributor or any third party for any such modification, suspension, or discontinuation of the Directory except for a pro-rata refund of the applicable for Monthly Directory Fund in connection with the suspension or termination of the Directory.
11. Termination. Wealthtender, at its sole discretion, may terminate or suspend your right to participate in the Directory for any reason including breach of these Terms, non-payment of the Monthly Directory Fees, any suspected abusive, illegal or fraudulent activity. You agree that Wealthtender shall have no liability to you for terminating your right to participate in the Directory.
12. Indemnification. You agree to indemnify, save, and hold Wealthtender its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Directory. Wealthtender reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wealthtender and you agree to cooperate with Wealthtender’s defense of these claims. Wealthtender will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Modifications. Wealthtender reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended 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 participation in the Directory 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 PARTICIPATION IN THE DIRECTORY.
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.
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