Please note that access to the Wealthminder website is being granted solely for the purpose of limited beta testing and you agree to keep the website and all related content strictly confidential.
2. Modification of the Terms.
Wealthminder reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that if such modifications materially limit your rights and/or expand your obligations hereunder, Wealthminder will notify you electronically, such as by email or through the Wealthminder Site. Such material modifications will take effect on the earlier of the date you indicate your assent (by clicking "Accept" or otherwise) or 30 days after Wealthminder's notice. No modification of the Terms will apply to any dispute between you and Wealthminder that arose prior to the effective date of the modification. If at any time you disagree with the Terms or any modifications thereof, you may terminate these Terms and shall cease using the Wealthminder Site. Your continued use of the Wealthminder Site after the revised Terms becomes effective (such as following notice as set forth above) indicates that you have read, understood, and agreed to the revised Terms. Any new or different terms supplied by you are specifically rejected by Wealthminder unless Wealthminder agrees to them in a signed writing specifically including those new or different terms.
3. Wealthminder Site Access.
Wealthminder grants you permission to use the Wealthminder Site as set forth in these Terms, provided that and for so long as (i) you use the Wealthminder Site solely for your personal use; (ii) except as expressly permitted or indicated in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Wealthminder Site in any medium without Wealthminder's prior written authorization; (iii) you do not alter or modify any part of the Wealthminder Site other than as may be reasonably necessary to use the Wealthminder Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Wealthminder Site is controlled and offered by Wealthminder from its facilities in the United States of America. Wealthminder makes no representations that the Wealthminder Site is appropriate or available for use in other locations. If you are accessing or using the Wealthminder Site, you do so at your own risk and you are responsible for compliance with applicable law.
4. Ownership; Proprietary Rights.
As between the Parties, the Wealthminder Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, products, software, services, Wealthminder trademarks and logos, and all other elements of the Wealthminder Site other than Non-Wealthminder Content ("Wealthminder Materials") are owned and/or licensed by Wealthminder. Except as Wealthminder may separately and expressly authorize, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from the Wealthminder Site or the Wealthminder Materials. Wealthminder reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Wealthminder Materials, except for the limited rights set forth in these Terms.
5. User Submissions.
The Wealthminder Site may now or in the future permit the submission and posting or linking of media, text, audio and video recordings, photos, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are not controlled by Wealthminder. Wealthminder makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Wealthminder does not guarantee any confidentiality with respect to any User Submissions.
(b) Grant of Rights.
By submitting User Submissions to Wealthminder, you hereby grant Wealthminder and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Wealthminder Site and Wealthminder's (and its successor's) business, including for promoting and redistributing part or all of the Wealthminder Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Wealthminder and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Wealthminder Site a non-exclusive license to access your User Submissions through the Wealthminder Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Wealthminder Site and these Terms.
(c) Your Representations and Warranties Regarding User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Wealthminder to use any and all User Submissions made available by you, to enable inclusion and use of such User Submissions in the manner contemplated by Wealthminder and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Submissions, Wealthminder's use of such User Submissions pursuant to these Terms, and Wealthminder's exercise of the license rights set forth in this Section, do not and will not: (a) 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; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
(d) Prohibited Uses of User Submissions.
In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Wealthminder Site: (i) any falsehoods or misrepresentations that could damage Wealthminder or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.
6. Non-Wealthminder Content Disclaimer.
You understand that when using the Wealthminder Site you will be exposed to User Submissions and other third party content (together the "Non-Wealthminder Content") from a variety of sources, and that you may be exposed to Non-Wealthminder Content that is inaccurate, offensive, indecent, or otherwise objectionable. Wealthminder does not endorse any Non-Wealthminder Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Wealthminder be liable in any way for or in connection with the Non-Wealthminder Content, including for any inaccuracies, errors or omissions in any Non-Wealthminder Content, any intellectual property infringement with regard to any Non-Wealthminder Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Wealthminder Content posted, emailed or otherwise displayed or transmitted through the Wealthminder Site.
7. Non-Monitoring of Users and Non-Wealthminder Content.
You understand that you, and not Wealthminder, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Wealthminder Site. Wealthminder does not control the Non-Wealthminder Content posted by users or otherwise made available by other persons and does not have any obligation to monitor such Non-Wealthminder Content for any purpose. If at any time, Wealthminder chooses, in its sole discretion, to monitor the Non-Wealthminder Content, Wealthminder nonetheless assumes no responsibility for the Non-Wealthminder Content, no obligation to modify or remove any inappropriate Non-Wealthminder Content, and no responsibility for the conduct of the user submitting any such Non-Wealthminder Content. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Non-Wealthminder Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Submission or other Non-Wealthminder Content.
8. Removal of Non-Wealthminder Content.
Wealthminder and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Wealthminder Content that is available on the Wealthminder Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
9. Account Information from Third Party Sites
In order to use and/or access certain services of the Wealthminder Site, you may direct Wealthminder to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). We will then connect directly (or through a trusted third party partner) with your online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites. We are also not responsible for fees charged by third-party sites as a result of using the Site’s services.
We cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Site, Account Information may be stale as of the time viewed, which reflects the fact that time may have passed between the time the information is downloaded from the third party financial institution and the time such information is viewed by you. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Site in the manner prescribed in the associated instructions.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content through the Portfolio Services, you are licensing that content to us solely for the purpose of providing the service. We may use and store the content, but only to provide the service to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
We may provide automatic alerts and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain events of interest, such as changes made online to your Wealthminder account (e.g., a change in your password) or events or movements in your portfolio.
Voluntary account alerts may be turned on by default as part of the Site. They may then be customized, deactivated or reactivated by you. We may add new alerts from time to time, or cease to provide certain alerts at any time in our sole discretion. Electronic alerts for a given account will be sent to the email address you have provided as your primary email address for that account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.
You understand and agree that any alerts provided to you through the Site may be delayed or prevented by a variety of factors. We use reasonable best efforts to provide alerts in a timely manner with accurate information. However, except as otherwise provided herein, we neither guarantee the delivery nor the accuracy of the content of any alert. Furthermore, except as otherwise provided herein, you also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
THESE TERMS OF SERVICE DO NOT WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
11. Prohibited Uses of the Wealthminder Site.
a) As a condition of your use of the Wealthminder Site, you hereby represent and warrant that you will not use the Wealthminder Site for any purpose that is unlawful or prohibited (including the prohibitions in this Section) by these Terms.
b) Any use by you of any of the Wealthminder Materials and Wealthminder Site other than for your personal use is strictly prohibited. Save with the prior written consent of Wealthminder, you agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Wealthminder Site, use of the Wealthminder Site, access to the Wealthminder Site, or Non-Wealthminder Content obtained through the Wealthminder Site, for any purpose other than for your personal use.
c) You agree not to use the Wealthminder Site if you do not meet the eligibility requirements described in Section 1 above.
d) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Wealthminder Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
e) You agree not to interfere with or damage, impair or disable the operation of the Wealthminder Site or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Wealthminder Site, features that prevent or restrict the use or copying of any part of the Wealthminder Site, or features that enforce limitations on the use of the Wealthminder Site.
g) You agree not to attempt to gain unauthorized access to the Wealthminder Site, or any part of it, other accounts, computer systems or networks connected to the Wealthminder Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Wealthminder Site or any activities conducted through the Wealthminder Site.
h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Wealthminder Site. You agree neither to modify the Wealthminder Site in any manner or form, nor to use modified versions of the Wealthminder Site, including for the purpose of obtaining unauthorized access to the Wealthminder Site.
i) You agree that you will not use any robot, spider, scraper, or other automated means to access the Wealthminder Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Wealthminder Site.
j) You agree not to utilize framing techniques to enclose any trademark, logo, or other Wealthminder Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Wealthminder's name or trademarks without our express written consent.
k) You agree not to deep-link to the Wealthminder Site and will promptly remove any links that Wealthminder finds objectionable in its sole discretion. You agree not to use any Wealthminder logos, graphics, or trademarks as part of the link without our express written consent.
l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Wealthminder Site. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Wealthminder Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
n) You agree not to modify, adapt, translate, or otherwise create derivative works based upon the Wealthminder Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Wealthminder at [email protected] YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY WEALTHMINDER OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
14. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Wealthminder Site are solely between you and such advertiser. YOU AGREE THAT WEALTHMINDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEALTHMINDER SITE.
15. Links and Third Party Websites.
Wealthminder or third parties may provide links on the Wealthminder Site to other sites including the content therein ("Reference Sites"). Wealthminder has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the Wealthminder Site. Wealthminder provides links to you only as a convenience, and the inclusion of any link on the Wealthminder Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Wealthminder Site. You should review applicable terms and policies, including the privacy policies and practices, of any Reference Sites.
16. Availability of Service.
Wealthminder may make changes to or discontinue any of the media, web communities, products, or services available within the Wealthminder Site at any time, and without notice. The media, products, or services on the Wealthminder Site may be out of date, and Wealthminder makes no commitment to update materials on the Wealthminder Site.
17. User Disagreements
You are solely responsible for your involvement with other users of the Wealthminder Site. Wealthminder reserves the right, but has no obligation, to monitor disagreements between you and other users. WEALTHMINDER DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
You agree that Wealthminder, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the Wealthminder Site or your use of the Wealthminder Site, and remove and discard all or any part of your account or any User Submission, at any time. You agree that your access to the Wealthminder Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that Wealthminder shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Wealthminder may have at law or in equity.
If you are dissatisfied with the Wealthminder Site, please let us know at [email protected]
Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Wealthminder Site, (ii) any term of these Terms, (iii) any policy or practice of Wealthminder in operating the Wealthminder Site, or (iv) any content or information transmitted through the Wealthminder Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Wealthminder Site and providing notice of termination at [email protected]
19. Indemnification; Hold harmless.
You agree to indemnify and hold harmless Wealthminder, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney's fees) arising out of (i) your use or misuse of the Wealthminder site; (ii) your user submissions, including Wealthminder's use, display or other exercise of its license rights granted herein with respect to your user submissions; (iii) your violation of these terms; (iv) your violation of the rights of any other person or entity, including claims that any user submission infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by Wealthminder. Wealthminder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wealthminder. Wealthminder will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
20. Disclaimers; No Warranties.
You expressly acknowledge that as used in this section 20, the term Wealthminder includes Wealthminder's officers, directors, employees, shareholders, agents, affiliates, and subcontractors.
(b) No warranties.
To the fullest extent permissible pursuant to applicable law, Wealthminder disclaims all warranties, statutory, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Wealthminder or through the Wealthminder site, will create any warranty not expressly stated in these terms.
(c) "As is" and "As available" and "With all faults."
You expressly agree that the use of the Wealthminder site is at your sole risk. the Wealthminder site, non-Wealthminder content and any other third-party media, content, software, services, reference sites, or applications made available in conjunction with or through the Wealthminder site 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.
(d) Website operation and non-Wealthminder content.
Wealthminder does not warrant that the Wealthminder materials, non-Wealthminder content, Wealthminder site, reference sites, or any other information offered on or through the Wealthminder site or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected.
Wealthminder does not warrant or make any representations regarding the use or the results of the use of the Wealthminder site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
(f) Harm to your computer.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Wealthminder site (including RSS feeds) or any reference sites 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.
21. Limitation of Liability and Damages.
(a) Limitation of Liability.
Under no circumstances, and under no legal theory, including negligence, shall Wealthminder or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use or the inability to use the Wealthminder materials and user submissions on the Wealthminder site or any reference sites, the Wealthminder site itself, or any other interactions with Wealthminder, even if Wealthminder or a Wealthminder authorized representative has been advised of the possibility of such damages. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
(b) Limitation of Damages.
In no event shall Wealthminder or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Wealthminder site (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of $1,000 USD or the total amounts you paid to Wealthminder hereunder, if any.
(c) Reference Sites.
These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Wealthminder and received by you through or advertised on the Wealthminder site or received by you through any reference sites.
22. Limitations by Applicable Law; Basis of the Bargain.
(a) 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 in which you are located.
(b) Basis of the Bargain.
You acknowledge and agree that Wealthminder has offered its products and services 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 Wealthminder, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Wealthminder. You acknowledge and agree that Wealthminder would not be able to provide the Wealthminder site to you on an economically reasonable basis without these limitations.
23. Infringement Claims.
If you have a good faith belief, based on reasonable legal analysis that takes into account fair use considerations, that any User Submission or other Non-Wealthminder Content infringes upon your copyrights or other rights, you shall promptly send to Wealthminder a notification detailing the basis of your opinion, and Wealthminder shall consider your notice and take any action it deems legally necessary based on the evidence you and/or the source of such content may provide, including when applicable removing that content
(a) In the interest of resolving disputes between you and Wealthminder in the most expedient and cost effective manner, you and Wealthminder agree that any and all disputes arising in connection with this Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Wealthminder are each waiving the right to a trial by jury or to participate in a class action.
(b) Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue law enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(c) Any arbitration between you and Wealthminder will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wealthminder.
(d) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Wealthminder's address for Notice is: Wealthminder, Inc., 10907 Great Point Ct, Great Falls, VA 22066. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Wealthminder may commence an arbitration proceeding.
(e) Any arbitration hearings will take place at a location to be agreed upon in Northern Virginia, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(f) YOU AND WEALTHMINDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wealthminder agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) If only subsection (f) above is found to be unenforceable, then the entirety of this Section 24 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 25(c) shall govern any action arising out of or related to the Terms.
When you visit the Wealthminder Site you are communicating with Wealthminder electronically. You consent to receive communications from Wealthminder electronically. Although Wealthminder may choose to communicate with you by regular mail, Wealthminder may also choose to communicate with you by e-mail or by posting notices on the Wealthminder Site. You agree that all agreements, notices, disclosures and other communications that Wealthminder provides to you electronically satisfy any legal requirement that such communications be in writing. Wealthminder may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Wealthminder Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless Wealthminder is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Wealthminder with notices to the address indicated in subsection (l) below.
(b) Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or the Wealthminder Site, to the extent permitted under Section 24, shall be filed only in the state or federal courts in and for Fairfax County, Virginia and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Wealthminder to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wealthminder without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(g) Independent Contractor.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wealthminder as a result of these Terms or use of the Wealthminder Site. You further acknowledge that by submitting User Submissions or other Non-Wealthminder Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Wealthminder other than pursuant to these Terms.
Sections 4, 5, 17, 19, 20, 21, 22, 23, and 24 will survive any termination of these Terms or your account whether by you or Wealthminder.
You acknowledge that, as a sophisticated user of financial services, you had the opportunity to discuss these Terms with and obtain advice from legal counsel, have had sufficient time to, and have carefully read and fully understand all the provisions of these Terms, and are knowingly and voluntarily agreeing to these Terms. Therefore, the parties waive the application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement will be construed against the party drafting such agreement. (ii) The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. (iii) The words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation."
(j) Entire Agreement; Priority.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEALTHMINDER SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by Wealthminder, Inc., located at 1765 Greensboro Station Place 9th Floor, McLean, VA 22102, USA,[email protected].
Last Updated: October 1, 2013