Terms of Service
Last updated: December 1, 2020
Welcome to the Wealthtender Community. Wealthtender is an independent platform (as modified from time to time, the “Wealthtender Community”) dedicated to helping people (“Participants” or “you”) reduce financial stress, improve financial wellness and increase wealth through financial articles, blogs, podcasts and other content (the “Wealthtender Content”) provided by various writers, financial professionals and educators (the “Contributors” or “you”). Wealthtender also helps people discover and engage with third-party providers of financial education, products and services. The website at www.wealthtender.com (the “Site”), the directory program (the “Directory”) and the various other related services, premium and other features, functions, software, applications and websites (together with the Wealthtender Community, the Content and the Site, collectively the “Wealthtender Services”) are provided and operated, and are being made available to you and the other Participants and Contributors, and the other users of any of the Wealthtender Services (collectively, “Users”) by Wealthtender, Inc. (“Wealthtender”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms 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.
To access and use the Wealthtender Community, the Site and the other Wealthtender Services and to publish or access any Wealthtender Content, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE WEALTHTENDER COMMUNITY OR ANY OF THE OTHER WEALTHTENDER SERVICES OR PUBLISHING OR ACCESSING ANY WEALTHTENDER CONTENT, YOU REPRESENT THAT:
3. THE WEALTHTENDER COMMUNITY.
3.1 Accessing and Using the Wealthtender Community.
You do not need to register, create an account or pay any fees to view educational articles, directories and other publicly available content published on Wealthtender.
Certain Wealthtender Services do require registration or creation of an account, including commenting on articles, writing reviews and participating in online community forums. Financial professionals and educators may also pay fees to Wealthtender to participate in the Wealthtender Community.
3.2 Publication of Wealthtender Content.
Publication of any Wealthtender Content in the Wealthtender Community shall be subject to, and governed by the terms of the Contributing Writers Agreement or any such other agreement, if required by Wealthtender.
3.3 Wealthtender Content Published in the Wealthtender Community
Any Wealthtender Content and other information published in the Wealthtender Community is for reference purposes only, is generic in nature, is not intended as individual advice and is not financial or legal advice. Most of the Wealthtender Content and other information published in the Wealthtender Community is provided by independent Contributors. All such Wealthtender Content and other information is accepted “as is.” We do not warrant the accuracy, completeness or usefulness of the Wealthtender Content or this information. Any use of, or reliance you place on, such Wealthtender Content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Wealthtender Content by you or any other visitor to the Wealthtender Community, the Site or any of the other Wealthtender Services, or by anyone who may be informed of any of such Wealthtender Content or information. Wealthtender shall not be obligated to correct or update the Wealthtender Content or the Wealthtender Community and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Wealthtender Community or any of the Wealthtender Services.
4. LICENSE GRANT; UNAUTHORIZED USE.
4.1 License Grant.
Subject to your compliance with all the terms and conditions set out in these Terms, Wealthtender hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Wealthtender Community, the Wealthtender Content, the Site, and the other Wealthtender Services, to the extent of, and in accordance with, these Terms.
4.2 Restrictions on the Right to Use.
Unless otherwise expressly stated in these Terms or you receive Wealthtender’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Wealthtender Content, except as follows:
The Wealthtender Community may provide certain social media features that enable you to:
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Without limitation, you shall not:
If you wish to make any use of any Wealthtender Content other than as set forth in these Terms, please submit your request to: email@example.com.
If you violate any of these restrictions, Wealthtender may immediately terminate your right to use and access the Wealthtender Community, the Wealthtender Content and any of the Wealthtender Services. Any use of the Wealthtender Community, the Wealthtender Content and any of the Wealthtender Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
4.3 Prevention of Unauthorized Use.
Wealthtender reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Wealthtender Community or the Wealthtender Content or the circumvention of the other Wealthtender Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Wealthtender does not recommend or endorse any Participating Contributor.
The Participating Contributors are solely responsible for any content and other information that they include on their profile page or through the Directory (collectively, the “Directory Information”). We do not warrant the accuracy, completeness or usefulness of the Directory Information. Any use of, or reliance you place on, such Directory Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Directory Information by you or any other visitor to the Directory, or by anyone who may be informed of any of such Directory Information. Wealthtender shall not be obligated to correct or update any Directory Information and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Directory Information.
6. ADDITIONAL POLICIES.
When requesting, accessing or using the Wealthtender Community or any of the other Wealthtender Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Wealthtender Community, the Site and the other Wealthtender Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. RESPECTING OTHER PEOPLE’S RIGHTS.
Wealthtender respects the rights of others and so should you. You therefore shall:
8. MODIFICATION OF THESE TERMS.
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 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.
9. DIGITAL MILLENNIUM COPYRIGHT ACT.
We are committed to complying with U.S. copyright and related laws, and we require all of our Contributors and other Users who disseminate content through the Wealthtender Community and the other Wealthtender Services to comply with these laws. Accordingly, all Contributors and other Users (including you) may not disseminate any material or content using the Wealthtender Community or the other Wealthtender Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Wealthtender Community and the other Wealthtender Services if any such Contributor or other User is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Our designated agent to whom you should address such notice is: firstname.lastname@example.org.
If you believe that content that you or a third party owns has been used via the Wealthtender Community or the other Wealthtender Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If we remove or disable access to allegedly infringing material, we will make a good-faith attempt to contact the person who submitted the affected material or content so that they may make a counter notification in accordance with Sections 512(g)(2) and (3) of the DMCA.
Wealthtender reserves the right to terminate without notice any Contributor’s or other User’s access to the Wealthtender Community, the Site and the other Wealthtender Services if that Contributor or other User is determined by Wealthtender to be a “repeat infringer.” In addition, Wealthtender accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. USER CONTENT.
10.1 Limited License Grant to Wealthtender.
The Wealthtender Community may now or in the future permit the submission and/or posting of articles, comments and other information in directory listings, blog posts, on the community forum or with respect to any Wealthtender Content by you or other Users, in each case whether or not made available to other Users (“User Content”). By uploading, providing, posting, distributing or disseminating any such User Content to or through the Wealthtender Community, you hereby grant to Wealthtender a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your User Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the operation, maintenance and support of the Wealthtender Community, the Site and the other Wealthtender Services.
10.2 User Content and Confidential Information.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your User Content and the consequences of posting any User Content. By uploading and publishing your User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to post this User Content; (b) your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (iii) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Wealthtender Services. Violators of these third-party rights may be subject to criminal and civil liability. Wealthtender reserves all rights and remedies against any Users who violate these Terms.
10.3 Content Disclaimer.
You understand that when using the Wealthtender Community or any of the other Wealthtender Services, you may be exposed to Wealthtender Content, User Content or other materials from a variety of sources, and that Wealthtender is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Wealthtender Content, User Content and other content. You further understand and acknowledge that you may be exposed to Wealthtender Content, User Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wealthtender with respect thereto. Wealthtender does not endorse any Wealthtender Content, User Content and other material or any opinion, recommendation or advice expressed therein, and Wealthtender expressly disclaims any and all liability in connection with such Wealthtender Content, User Content and other materials. If notified by a User or a content owner of any Wealthtender Content, User Content or other content or materials that allegedly do not conform to these Terms, Wealthtender may investigate the allegation and determine what recourse (if any) it might have. For clarity, Wealthtender does not permit copyright infringing activities on or through any of the Wealthtender Services.
11. PROHIBITED CONDUCT.
BY REQUESTING, ACCESSING OR USING THE WEALTHTENDER COMMUNITY, THE SITE OR ANY OF THE OTHER WEALTHTENDER SERVICES YOU AGREE NOT TO:
11.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Wealthtender Community or any of the other Wealthtender Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
11.2 Accessing or using the Wealthtender Community or any of the other Wealthtender Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Wealthtender Community, any Wealthtender Content or using the Wealthtender Community as part of a service bureau or outsourcing offering;
11.3 Provide any services, directly or indirectly, that are similar to, or based on, the Wealthtender Community or any of the other Wealthtender Services;
11.4 Copy, disclose, or distribute any data or other information available through the Wealthtender Community, the Site or any of the other Wealthtender Services, including any Wealthtender Content and/or information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
11.5 Interfere with, circumvent or disable any security or other technological features or measures of any of the Wealthtender Services or attempt to gain unauthorized access to any of the Wealthtender Services or its related systems or networks;
11.6 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Participants and/or Contributors) of any of the Wealthtender Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
11.7 Use bots or other automated methods to: access the Wealthtender Community, any of the Wealthtender Content and/or any of the Wealthtender Services, download any information, send or redirect messages or perform any other activities through any of the Wealthtender Services;
11.8 Take any action that Wealthtender determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
11.9 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Wealthtender Services;
11.11 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
11.12 Use the Wealthtender Community or any of the other Wealthtender Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
11.13 Use the Wealthtender Services for any commercial solicitation purposes.
12. THIRD-PARTY SITES.
The Wealthtender Services may include links, directory listings or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These links, directory listings or references may include affiliate marketing, sponsored posts, the websites referenced or owned by our Contributors, other unaffiliated websites that we think may be of interest to our Users and billing and payment services. Wealthtender does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Wealthtender Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
13. MOBILE AND DATA SERVICES.
You are responsible for any mobile and data charges that you may incur for using the Wealthtender Community or any of the Wealthtender Services. If you’re unsure what those charges may be, you should ask your service provider before using any of the Wealthtender Services.
You agree that Wealthtender in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Wealthtender Community or any of the other Wealthtender Services or any account (or any part thereof) that you may have with Wealthtender and remove and discard all or any part of your account, user profile, at any time. Wealthtender may also in its sole discretion and at any time prohibit you from accessing and using the Wealthtender Community or discontinue providing access to the Wealthtender Community or any of the other Wealthtender Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the Wealthtender Community or any of the other Wealthtender Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Wealthtender will not be liable to you or any third party for any such termination. Wealthtender reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Wealthtender to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Wealthtender may have at law or in equity. As provided herein, Wealthtender does not permit copyright infringing activities on the Wealthtender Community, the Site or any of the other Wealthtender Services, and Wealthtender shall be permitted to terminate access to the Wealthtender Community or any of the other Wealthtender Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD WEALTHTENDER HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEALTHTENDER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEALTHTENDER OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Wealthtender Community, the Site or any of the other Wealthtender Services, (ii) any term of these Terms, (iii) any policy or practice of Wealthtender in operating the Wealthtender Community, the Site or the other Wealthtender Services, or (iv) any Wealthtender Content or User Content viewable through the Wealthtender Community, is to terminate your use of the Wealthtender Services and your account (if any). You may terminate your use of the Wealthtender Services and your account (if any) at any time. After such termination, you must refrain from use of the Wealthtender Services until authorized by Wealthtender.
15. OWNERSHIP; PROPRIETARY RIGHTS.
The Wealthtender Community, the Site and the other Wealthtender Services are owned and operated by Wealthtender. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Wealthtender Services provided by Wealthtender (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Wealthtender Community or any of the other Wealthtender Services are the property of Wealthtender or its subsidiaries or affiliated companies, Contributors and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Wealthtender or its affiliates and/or Contributors or third-party licensors. Except as expressly authorized by Wealthtender, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Wealthtender reserves all rights not expressly granted in these Terms.
Wealthtender shall own and have the right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Wealthtender Community, the Wealthtender Content or any of the other Wealthtender Services without restriction or payment of any kind to you.
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 Wealthtender Community, the Wealthtender Content, the Site or any of the other Wealthtender Services, any User Content, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. 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.
17. NO WARRANTIES; DISCLAIMERS.
17.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEALTHTENDER AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “WEALTHTENDER PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE AND THE OTHER WEALTHTENDER SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WEALTHTENDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE OR THE OTHER WEALTHTENDER SERVICES, INCLUDING, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEALTHTENDER PARTIES OR THROUGH THE WEALTHTENDER COMMUNITY, THE SITE OR THE OTHER WEALTHTENDER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
17.2 “As Is” and “As Available” and “With all Faults”.
YOU EXPRESSLY AGREE THAT THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE OR ANY OF THE OTHER WEALTHTENDER SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEALTHTENDER COMMUNITY OR ANY OF THE OTHER WEALTHTENDER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
17.3 Wealthtender Community Operations and Content.
THE WEALTHTENDER PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEALTHTENDER COMMUNITY, THE SITE OR ANY OF THE OTHER WEALTHTENDER SERVICES, OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY WEALTHTENDER, THE WEALTHTENDER PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT AND THE OTHER WEALTHTENDER SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
17.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE WEALTHTENDER COMMUNITY OR ANY OF THE OTHER WEALTHTENDER SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. LIMITATION OF LIABILITY AND DAMAGES.
18.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE WEALTHTENDER PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE OR ANY OF THE OTHER WEALTHTENDER SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH WEALTHTENDER OR ANY OTHER PARTICIPANT OR CONTRIBUTOR, EVEN IF WEALTHTENDER OR A WEALTHTENDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WEALTHTENDER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18.2 Limitation of Damages.
IN NO EVENT WILL THE WEALTHTENDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE OR ANY OF THE OTHER WEALTHTENDER SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $25 AND (B) AN AMOUNT EQUAL TO THE FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
18.3 Release for Disputes between Users.
If you have a dispute with any other Users (including any other Participant or Contributor) or other third parties, you hereby release Wealthtender and the other Wealthtender Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WEALTHTENDER AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE WEALTHTENDER SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
18.5 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT WEALTHTENDER HAS OFFERED THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT, THE SITE AND THE OTHER WEALTHTENDER SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WEALTHTENDER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WEALTHTENDER. WEALTHTENDER WOULD NOT BE ABLE TO AUTHORIZE YOU TO ACCESS AND USE OF THE WEALTHTENDER COMMUNITY, THE WEALTHTENDER CONTENT OR ANY OF THE OTHER WEALTHTENDER SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
19. UNITED STATES EXPORT CONTROLS.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Wealthtender Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Wealthtender may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Wealthtender Services. Notice will be deemed given twenty-four hours after the email is sent, unless Wealthtender is notified that the email address is invalid. Alternatively, Wealthtender may give you legal notice by mail to a postal address, if provided by you through any of the Wealthtender Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Wealthtender Services are deemed given 30 days following the initial posting.
The failure of Wealthtender to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Wealthtender.
20.3 Dispute Resolution.
If a dispute arises between you and Wealthtender, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Wealthtender agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Wealthtender Community, the Site, or the other Wealthtender Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as Wealthtender and you otherwise agree in writing. Before resorting to these dispute methods, Wealthtender strongly encourages you to first contact Wealthtender directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE WEALTHTENDER SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND WEALTHTENDER (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE WEALTHTENDER SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND WEALTHTENDER HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE DALLAS, TEXAS. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WEALTHTENDER WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Wealthtender will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST WEALTHTENDER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Wealthtender is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 20.3(b) is found not to apply to you or your claim, you and Wealthtender agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Houston, TX. Both you and Wealthtender irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Wealthtender may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of the Wealthtender Community or any of the other Wealthtender Services or your relationship with Wealthtender.
(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 20.3 above by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Wealthtender within thirty (30) days of your use of any of the Wealthtender Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against Wealthtender must be resolved in accordance with this Section 20.3. All claims filed or brought contrary to this Section 20.3 shall be considered improperly filed. Should you file a claim contrary to this Section 20.3, Wealthtender may recover attorneys’ fees and costs up to $15,000, provided that Wealthtender has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
20.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party 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 party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wealthtender without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site, any of the other Wealthtender Services or your relationship with Wealthtender any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.2 and 8 – 20.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
20.9 Entire agreement.
20.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
20.11 Geographic Restrictions.
Wealthtender is based in the state of Texas in the United States. Wealthtender makes no claims that accessing or using or that any of the Wealthtender Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Wealthtender Community, the Site or any of the other Wealthtender Services may not be legal by certain persons or in certain countries. If you access any of these Wealthtender Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wealthtender with respect thereto.
20.12. Electronic Communications
The communications between you and Wealthtender use electronic means, whether you visit the Site or the other Wealthtender Services or send Wealthtender e-mails, or whether Wealthtender posts notices on the Site or the other Wealthtender Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Wealthtender in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Wealthtender provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Wealthtender Community, the Site and the other Wealthtender Services are offered by Wealthtender, Inc., 1900 W. Gray # 132015, Houston, TX 77019 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Wealthtender, Inc., 1900 W. Gray # 132015, Houston, TX 77019 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2020 Wealthtender, Inc.