Last changed: June 20th, 2023.
1. GENERAL OVERVIEW
WealthBlock, Inc. ("WealthBlock" or the "Company") is the operator and provider of https://wealthblock.ai (the “Site”), the WealthBlock Online Platform (“Platform”), and associated applications for mobile devices (“Apps”). The Company offers web-content, investor network management, data and communication services. To make these Terms easier to read, the Site, our services, the Platform, and our Apps are collectively called the “Services.”
WealthBlock is a financial technology provider. It is not licensed by or registered with the U.S. Securities and Exchange Commission, FINRA, or any other financial services regulator. Specifically, WealthBlock is not a FINRA registered Broker Dealer and does not offer or sell securities, or engage in any other Broker Dealer activity.
3. ADDITIONAL CONDITIONS
In order to use certain features, participate in promotions, or receive/use some Services, the Company may require you to agree to additional rules, policies, or other conditions (collectively, "Conditions"). In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions. In the event that the terms of the Conditions differ from the Terms, the conflicting terms will alter these Terms with respect solely to matters governed by the Conditions.
4. MODIFICATION OF THE TERMS, CONDITIONS, OR SERVICES
The Company retains the right to alter, add, or eliminate portions of the Terms or any applicable Conditions at any time and in its absolute and sole discretion without notice to you. The Terms may be altered or superseded by designated legal notices described on certain website pages. It is your responsibility to occasionally review the Terms, Policy, and any Conditions for changes. Your continued use of the Services after any modifications to the Terms or Conditions are posted constitutes your acceptance of such changes.
The Company retains the right to modify or eliminate, for any length of time, the Services or any portion thereof, at any time and without notice. By using, downloading, purchasing, or otherwise accessing the Services you agree that the Company shall not be liable to you or any third party as a result of any modification or elimination of the Services. By accessing, purchasing, downloading, or otherwise using the Services, you are agreeing to be bound by the Terms and any and all future modifications thereof.
5. RULES FOR SERVICES USE
By using the Services you represent and warrant that you are eighteen (18) years of age or older and can legally enter into and form contracts. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind that organization to these Terms.
- Prohibited Conduct
By using the Services, you understand and agree that you may not, and you warrant that you will not:
- Use the Services or any personal information displayed on the Services to stalk, harass, abuse, defame, threaten, or defraud other Customers;
- Use the Services to post send, transmit, or otherwise make available material that is false, misleading, offensive, lewd, or which could be deemed to be objectionable by a reasonable person (as determined by the Company in its sole discretion);
- Use the Services for any non-private or commercial use. Such commercial uses include, but are not limited to, (1) increasing traffic to your own website or a third party's website for commercial reasons, (2) mirroring any of the Services on your own or another's website, (3) performing a meta-search of the Company or the Services, or (4) reselling, renting, leasing or sublicensing the Services;
- Use the Services in violation these Terms, any Conditions, a third party’s contractual right, or any applicable law, including laws governing intellectual property, data protection, financial market regulation, and privacy;
- Fail to pay the Company for the use of the Services;
- Send other Customers of the Company unsolicited offers, advertisements, proposals, or spam;
- Fraudulently impersonate any person or entity or falsely claim an affiliation with any person or entity, including but not limited to a representative of the Company;
- Misrepresent the source, content, or identity of information sent through the Services;
- Access the Customer Accounts of any other Customer;
- Share your password or other means of access to the Services with any third party or encourage any other Customer to do the same;
- Disable, damage, or otherwise interfere the Services in anyway;
- Upload or otherwise distribute any viruses, worms, or other malicious code into the Services;
- Hack, mine passwords, or use any other means in order to attempt to gain unauthorized access to the Services, including other Customer Accounts, computer systems, or the Company network;
- Use any spider, robot, or other automated means to access the Services or the Company network for any purposes;
- Modify, reverse engineer, decompile or circumvent the Services in any manner or form, or use any version of the Services other than as directly provided by the Company; or
- Harm minors through the Services in any way.
The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have engaged in any of the prohibited conduct.
6. ORDER FORM AND PAYMENT TERMS
- Payment for the Services
By using the Services, you agree to pay any fees due for, and incurred by, your use of the Services (“Fees”). For any Services used, you must designate your preferred payment method (e.g. credit card, paypal, etc.) ("Payment Method") and provide information corresponding to that Payment Method (e.g. credit card number, billing address etc.). You can change your Payment Method or modify your information by entering the Customer Account Settings page. The Company will transmit billing for Fees incurred by use of the Services through the online billing mechanism of the Site once a month in a timely and commercially reasonable manner. All Fees must be paid by the 15th of each month. The Company retains the right to terminate your access to and use of the Services as a result of your failure to pay any and all of the associated Fees or charges.
Customer understands and agrees that Company has the right to conduct audits to confirm Customer’s compliance with these Terms and any applicable Conditions (each an "Audit"). In connection with such an Audit, upon Company’s request, the Customer agrees to provide information, including but not limited to, declarations regarding the Customer’s and its Users’ use of the Services and any information related to the Services. If an Audit reveals any violation of these Terms or applicable Conditions, the Company may adjust the Fees to reflect actual use of the Services during the period of non-compliance and thereafter on an ongoing basis, and reserves its other rights and remedies related to such violations. In such circumstances where an Audit reveals the Customer has violated these Terms or applicable Conditions, the Customer shall reimburse the Company on demand for the costs of such Audit.
In order to discontinue the Services, you must cancel the Services through the appropriate cancellation procedures. Such a cancellation will be effective at the end of the current payment cycle, and you will retain your access to the Services through the remainder of that same payment cycle. The Company will not provide refunds or credits upon cancellation of the Services.
7. COMPANY CONTENT; LICENSE
- WealthBlock Content
The Services and the Company’s trademarks, trade names, trade dress, service marks, software, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, "the Company Content") contained on the Services are owned by the Company. By using the Services, you agree that the Services and any Company Content, including any software or algorithms used in connection with the Services, contain proprietary and confidential information that is protected by intellectual property and other applicable laws.
- License; Limitations
The Company grants you a personal, non-transferable and non-exclusive license to access and use the Services subject to compliance with these Terms and any Conditions. Such license is in effect only so long as Customer and its Users do not use the Services in any manner or for any purpose other than those expressly specified in the Terms. All rights not expressly granted hereunder are expressly reserved by the Company.
You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services or Company Content unless such use is expressly permitted by applicable law and authorized by the Company. The name "WealthBlock", along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of the Company, and you shall not use or display such trademarks in any manner without the Company's prior written consent. Any third-party trade or service marks displayed through the Services are the property of their respective owners. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of the Company, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the Company Content. Notwithstanding the forgoing, you may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy.
8. CUSTOMER ACCOUNT
- Account Creation
In order to use certain Services, you will be required to create a “Customer Account”. In creating your Customer Account, you agree to:
- Provide true, current, accurate, and complete information as prompted during the Customer Account registration; and
- Maintain and punctually update the Customer Account information, as it may be required, to keep the data accurate and current.
If the Company has reasonable grounds to suspect that your Customer Account information is inaccurate or dated, the Company has the right to suspend or terminate your Customer Account or refuse any future use of the Services by you.
As part of the registration process, you will be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While the Company uses reasonable security protocols to protect the confidentiality of your password, the Company cannot guarantee absolute security of your password, Customer Account, Customer Content (as defined below), or the personal, and financial information that you provide.
The Company cannot guarantee that the security measures in place will prevent third-party hackers from illegally accessing your Customer Account or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Account information and other information you provide to the Company. In the event that you become aware of an unauthorized use of your Customer Account, you shall notify the Company of the unauthorized access, or any other security breach, at once.
The Company may provide Customer with one or more usernames and initial passwords for Customer's Users to access and use the Services on the Customer’s behalf. Usernames and passwords are personal to each User to which they are issued. The Customer will ensure that a User issued with a username and password does not disclose that username or password to any other person, including to any other person employed by the Customer. The Customer acknowledges that any breach of security resulting in the use or attempted use of a User’s username and/or password by any other person constitutes a material breach by the Customer of these Terms.
Customer authorizes the Company to act on any instructions reasonably believed by Company to be authentic communications from Customer or its User with respect to the management of Customer’s Account. Client acknowledges its Users shall be authorized on Client's behalf, among other things, to appoint and remove other Users and manage Customer Content (as defined below). Customer shall be responsible for monitoring User’s use of the Services within the limits set forth in these Terms and the applicable Conditions.
- Financial Products
The Customer and its Users are prohibited from: (i) using the Services to create, structure or provide any financial instrument or investment product (each, a "Financial Product"); (ii) presenting the Services as part of any Financial Product; or (iii) using out-puts of the Services for the creation, structuring or provision of any Financial Product.
9. CUSTOMER CONTENT AND DATA PROCESSING
Through the use of the Services, a Customer may upload, transmit, post, generate, store, or otherwise make available certain information, data, text, financial information, software, sound, photographs, video, graphics, messages, or other content (“Customer Content”). For the avoidance of doubt, Customer Content includes any information regarding or related to a third party (including but not limited to your clients or customers) that a Customer makes available through their use of the Services.
- Ownership and License of Customer Content
By making Customer Content available through the Services, you hereby grant to us and our service providers a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Customer Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You represent and warrant that you have (and will maintain) all rights necessary to make your Customer Content available to us and to grant us the license in your Customer Content described herein. You are solely responsible for all your Customer Content, and you agree that your Customer Content is true, accurate, current and complete information. You represent and warrant that neither your Customer Content, nor any use of your Customer Content by WealthBlock on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You retain all rights to your Customer Content made available through the Services, subject to the rights you grant to us in these Terms. WealthBlock does not claim any ownership rights in your Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Customer Content. Please note that any “Feedback”, as defined and further discussed below, is excluded from the definition of “Customer Content”.
- Third Party Access to Customer Content
The Company may provide you with the ability to make certain submitted Customer Content "Private" or only available to select Customers of the Services. If you make such an election upon the submission of Customer Content, the Company will use reasonable efforts to maintain the privacy of such Customer Content in accordance with your decision. However, if no such election is made, or if you later elect to allow such Customer Content to be generally available, then the Company cannot and does not warrant the privacy of such Customer Content. The Company uses reasonable efforts to prevent Customer Content from any disclosure to, or access by, any third parties that exceeds your Customer Account settings. However, the Company cannot promise that your Customer Account settings will completely protect against some of your Customer Content from being disclosed to or accessed by unintended third parties. The Company shall not be liable for any such accidental and unintended disclosures.
- Customer Content Deletion
When you terminate your Customer Account, you may request that the Company wholly erase your Customer Account, including the erasure of any and all previously submitted Customer Content. The Company will undertake the erasure of your Customer Account and Customer Content using commercially reasonable efforts. However, the Company may not be able to wholly purge all of your Customer Content. Any Customer Content that is posted and unable to be erased will be made anonymous upon your request, such that it will not be publicly identified with you. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) your Customer Content.
- Review of Customer Content
The Company and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Content that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services you may be exposed to Customer Content from many sources, and that the Company is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Content. You bear any and all risks associated with the use of any Customer Content available through the Services, including your reliance on the accuracy or completeness of such Customer Content. Notwithstanding any of the foregoing, the Company shall have the right to remove any Customer Content that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Content is exercisable by the Company in its sole and absolute discretion.
- Disclaimer Regarding Customer Data
The Company is not responsible for Customer Content and does not in any endorse Customer Content. The Company will not be liable in any way for any Customer Content under any circumstances, including, but not limited to, any mistakes or omissions in Customer Content or any loss or damage of any kind suffered as a result of the use or reliance on any Customer Content.
- Aggregate Information
The Customer understands and agrees that data related to any use of the Services by Customer and its Users maybe aggregated with other data at the discretion of the Company ("Aggregate Information"). The Company shall own all right, title and interest to Aggregate Information and any suggestions, enhancements, feedback, or recommendations provided by the Customer relating to the Aggregate Information. All legal protections with respect Aggregate Information, including all intellectual property rights therein remain exclusively with the Company. The Customer understands that Company may distribute (and may permit third parties to distribute) in all media, including the Services, any Aggregate Information, analyses of such Aggregate Information, or reports incorporating or based on such Aggregate Information, to third parties (whether on a paid or unpaid basis), so long as such Aggregate Information does not identify the Customer or Users without Customer’s agreement. The Company’s rights with respect to Aggregate Information a shall survive expiration or termination of these Terms.
- Processing Of Data
Customer shall comply with all laws and regulations of the relevant jurisdictions that apply to the processing of data in relation to this Agreement, including, if applicable, U.S. federal or state data privacy and data protection laws, and related implementing orders and regulations (collectively, “Applicable Data Privacy Laws”). Customer warrants that it has complied, and shall continue to comply, with Applicable Data Privacy Laws in its collection, processing and provision of data in relation to the Services. The Company and Customer shall implement appropriate technical and organizational measures to protect data related to the Services against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against all other unlawful forms of processing.
10. APPLICATIONS FOR MOBILE DEVICES
The Company’s Apps may be accessed or otherwise used only with a mobile device that is compatible with the Company’s Apps. The Company does not guarantee or represent that your mobile device will be compatible with the Apps. The normal messaging, data, and other rates and fees of your wireless carrier will still apply when using the Services.
11. THIRD PARTIES
- Third-Party Content
The Company maintains a commercial relationship with certain third parties and advertisers (each a "Third Party"). From time to time the Services may display links to other websites or content that is developed and owned by the Third Parties (“Third Party Content”). Such Third Party Content may include Third Party websites, advertisements, promotions, or news headlines. The Company has no control over and is not responsible for such Third Party Content. The Company does not endorse any Third Party Content, nor does it endorse the information, materials, products, or services that may be displayed or linked to by the Third Party Content. You are not required to participate in any promotions offered by the Third Party Content or transact business with any of these Third Parties.
Any contact, transaction, or business dealings between you and the Third Parties as a result of Third Party Content exists solely between you and the Third Parties. Such interactions are independent of the Company. If you choose to transact with such Third Parties, you may be required to make a payment in order to obtain services or participate in a Third Party’s promotion. Your payments to participate in these Third Party offerings are made to the relevant Third Party. The Company is not responsible for the administration or application of any payments required by the Third Parties for their independent services or promotions. The Company shall not be liable for any loss or injury of any sort suffered as a result of any such dealings, or as a result of your interactions with such Third Parties or the Third Party Content.
- Third Party Equipment
Certain Services may require that you purchase third party equipment, software, or materials so that the Services’ features work properly. Although the Company may recommend the equipment, software, or materials of certain third-party suppliers, the Company shall not be liable for your acquisition or use of any third-party equipment, or for any loss or injury suffered as a result of your use of such third-party equipment. The Company's recommendation of certain third-party suppliers is not a guarantee that their equipment or materials will function properly.
12. INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
If you believe that any part of the content on the Services, including any and all Customer Content, Third Party Content, or the Company Content, infringes the intellectual property rights of others, you should immediately notify our us using the contact information provided below. The policy of the Company is to investigate any allegations of intellectual property right infringement brought to the attention of the Company. The Company reserves the right, in its sole and absolute discretion, to immediately suspend and/or terminate access to the Services by any Customer who is alleged to have posted infringing materials or a link to infringing materials through the Services. The Company also reserves the right, in its sole and absolute discretion, to immediately remove or otherwise disable the allegedly infringing materials or link. Upon receipt of notice of alleged infringement, the Company will promptly remove or disable access to martials that are infringing, or the subject of infringing activity. To constitute a valid notice, the notice must comply with the Digital Millennium Copyright Act ("DCMA"), be in writing, and must include:
- A description of the work you believe has been infringed (or a representative list of works in the event that you believe multiple works have been infringed);
- A description of the allegedly infringing material or the subject of the allegedly infringing activity, along with enough information to permit the Company to locate the material;
- Your contact information, including your name, address, telephone number, and email address;
- A statement that all of the information you have provided is accurate; and
- A statement, made under penalty of perjury, that you are the owner of the allegedly infringed material or are authorized to act on behalf of the owner.
The notice must be signed, physically or electronically, and must be addressed to:
Intellectual Property Rights Agent
c/o WealthBlock, Inc.
600 N Broad Street
Suite 5 #3587
Middletown DE 19709 Failure to comply with all of the requirements described in this section may result in an invalid notice. You should note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
13. DISCLAIMER OF WARRANTIES AND RELEASE OF LIABILITY; DISCLOSURES
- General Disclaimer of Warranties
The Services, including the Apps and any and all Third Party software or applications made available in connection with or via the Services are provided "as is" and without warranties of any kind either express or implied. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NONINFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR ITS PRODUCTS AND THE SERVICES (INCLUDING BUT NOT LIMITED TO DATA, SOFTWARE, COMPUTATIONAL TOOLS, OR ANY OTHER DOWNLOADABLE PRODUCTS) DELIVERED TO CUSTOMER UNDER THIS AGREEMENT. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: (1) the Services will meet your requirements or expectations; (2) the Services will be uninterrupted, timely, error-free, or secure; (3) the Services, or any results obtained thereof, will be accurate or reliable; or (4) any errors in the Services or the website will be corrected.
The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the Services in terms of security, correctness, accuracy, safety, reliability, or otherwise.
- No Advice or Offer
The Company, its members, managers, employees, and authorized agents are not Registered Investment Advisors, Broker/Dealers, Financial Analysts, Financial Banks, Securities Brokers or Financial Planners. The Company's Services and Company Content are provided for information purposes only and do not constitute and should not be construed as a solicitation or offer by the Company, or recommendation by the Company to acquire or dispose of any investment or to engage in any other transaction whatsoever. The Company's Services and Company Content are not intended to be and do not constitute financial advice nor a recommendation to purchase, sell or hold any security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice. Before using the Services or information thereon to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information or analysis provided through Services, whether created by Customers, the Company, or Third Parties, is intended as investment advice, as an offer to extend credit, as an offer or solicitation of an offer to buy or sell, nor as a recommendation, endorsement, or sponsorship of any security, company, or fund. All offers to sell, or the solicitations of offers to buy, any security will be made through official confidential offering documents provided by the entity making such offer, or solicitation, that contains important information about risks, fees and expenses. You should always conduct your own due diligence, not rely on the financial assumptions or estimates, and are encouraged to consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunity.
YOUR TRANSMISSION AND RECEIPT OF THE COMPANY CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH THE COMPANY AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN THE COMPANY AND YOU OR ANY OTHER CUSTOMER.
- No Reliance
The Company is not responsible for any investment decision made, or documents entered into, by you and will not be responsible for any decisions made based on information posted to the Services by another Customer or Third Party. You are responsible for your own investment research and investment decisions. The Company does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. No information or materials provided on our Services has been recommended or approved by the Securities and Exchange Commission ("SEC") or any federal or state securities commission or regulatory authority. The information provided by the Company through its Services, including but not limited to any Company opinion or analysis, is based on data believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. The models, charts or visual aids that we provide should not be construed to be investment advice. The information may contain forward-looking statements about various economic trends and strategies. You are cautioned that such forward-looking statements are subject to significant business, economic and competitive uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated by Company could be wrong due to inaccurate data inputs, or a model being incorrectly structured, incorrectly updated and/or incorrectly interpreted. The signals, forecasts, and Company's Services, only express our opinion. Our opinion will be wrong at times because of the limitations of investment analysis. Investment analysis, whether fundamental, technical or any other form of investment analysis, cannot predict the future and is not a science that predicts precise and accurate results. Your use of any information on the Services is at your own risk and without recourse against the Company, its owners, directors, officers, agents, employees or content providers.
- Miscellaneous Disclaimers
In addition to and notwithstanding the above disclaimers, the Company further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. The Company also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services.
Further, the Company disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including the Company and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from the Company and other Customers through the Services at your own discretion and at your own risk. The Company disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through the Company or the Services.
The Company is not directed at, and does not target, persons under the age of 18 (“Minors”), nor does the Company use its Services or network to knowingly solicit personal, geographic, or financial information from Minors. Upon learning that a Minor has provided personal, geographic, or financial information, the Company will use reasonable efforts to remove the information of said Minor from its records. The parent or guardian of a Minor who learns that their Minor has created a Company Customer account may contact the Company and request that the Minor's information and account is deleted. Failure of the Minor's parent or guardian to contact the Company will result in the parent or guardian accepting full responsibility for his or her child's use of the Company and the Services, including any and all financial charges and legal liability that such child may incur.
You agree to indemnify and hold the Company, along with its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, harmless from any claim or demand, including those for attorneys' fees, made by any third party as a result of or related to: (i) your access to or use of the Services, (ii) your Customer Content, (iii) your violation of these Terms; (iv) your use or misuse of any other Customer's personal or financial information; or (v) your violation of the rights of any other individual or entity. The Company retains the right, at the Customer's expense, to assume the exclusive defense and control of any matter for which the Customer is required to indemnify the Company, and the Customer agrees to cooperate with the Company's defense of these claims.
15. LIMITATIONS OF LIABILITY AND DAMAGES
By using the Services, you understand and agree that the Company, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitations, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: the Company's use, disclosure, maintenance, or display of personal information provided, disclosed or uploaded to the Services by Company; your ability or inability to use the Services; the Services, including the systems and servers that make the Services available; any other interaction between you and the Company or any other Customer of the Services; your use or interaction with Third-Party Services or goods received through or advertised on the Services; or any advice or information received through or advertised on the Company or the Services.
Under no circumstances, including without limitation negligence, will the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of the Company or the Services or any information or merchandise that appears on, is linked to, or is related in any way to the Company or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law.
Under no circumstances shall the total liability of the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law, exceed the amounts paid by you for using the Services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars (US $1,000.00), whichever is greater. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company, or its third-party providers.
Notwithstanding and without limiting the foregoing, the Company shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any third parties. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a member's reliance on information obtained through the content on the Site. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Site. Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys'' fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Services even if the Company has been advised of such damages. If you are dissatisfied with any of the materials on the Services, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site.
The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.
The Company reserves the right, in its sole discretion and without prior notice, to immediately terminate your Customer Account and access to the Services. The Company shall not be liable to you or any third party of any involuntary termination of your Customer Account or access to the Services. Reasons for such termination of your Customer Account shall include, but are not limited to:
- Any breach or violation of these Terms or Conditions by you;
- As required or requested by law enforcement, judicial process or other governmental agencies;
- The discontinuance or material alteration of the Services, or any portion thereof;
- Unforeseen technical or security issues;
- Extended periods of inactivity; or
- The nonpayment of any Fees owed by you in connection with the Services.
The Company will also terminate your Customer Account upon your request. Termination of your Customer Account may include the removal of access to all offerings within the Services and barring you from any further use of the Services.
17. ARBITRATION AGREEMENT
You expressly agree that any dispute, claim, or controversy arising out of, or relating to, the Terms, the Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including without limitation the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before a panel of three arbitrators. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Arbitration Rules and Procedures. Any judgment on the arbitration award may be entered in any court located within Cook County, Illinois. In any dispute between the parties hereto, whether in arbitration or litigation, the prevailing party may recover against the other party, in addition to all costs and disbursements, attorneys'' fees as the arbitrators adjudge to be reasonable.
18. CHOICE OF LAW, VENUE, AND STATUTE OF LIMITATIONS
The Company, the Services, the Company Content, Customer Content, or the Terms shall be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Illinois and the controlling U.S. federal law, without regard to the conflicts of laws provisions thereof. Venue for any Dispute that you are not required to arbitrate pursuant to these Terms shall lie exclusively in the Circuit Court of Cook County, Illinois. You hereby consent to the personal jurisdiction of the Circuit Court of Cook County, Illinois.
Statute of Limitations
Except to the extent prohibited by applicable law, the parties hereby agree that any claim or cause of action arising out of, or related to, the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
Sections 3, 4, 6, 8, 9, 13, 14, 15, 17, 18, 19, 20, 21, and 22 of the terms shall survive any termination of your Customer Account as well as the termination of these Terms.
If any provision of the Terms is held to be unenforceable for any reason by any court or tribunal of competent jurisdiction, or as the result of any law, statute, or regulation, that provision shall be deemed to be severed from the Terms, and its unenforceability shall not affect the remainder of the Terms, which shall remain in full force and effect and shall be enforceable in accordance with its term.
21. MISCELLANEOUS PROVISIONS
- Relationship of Parties
No joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Company as a result of these Terms or your use or access of the Services.
- No Waiver; Assignment
The Terms and any applicable Conditions constitute the entire agreement between you and the Company with respect to your use of the Services. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provisions. You may not assign, delegate, or otherwise transfer your Customer Account or your obligations under these Terms to a third party without the prior written consent of the Company. The Company, in its absolute and sole discretion, has the right to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under the Terms and in connection with the Services.
You hereby agree that the Company's notice to you by email, regular mail, or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed to be received forty eight (48) hours after it is sent if it is transmitted by email or regular mail. Notice will be deemed to be received by you twenty four (24) hours after it is first displayed if it is provided via links displayed in connection with the Services.
- Territorial Control of the Services
The Company controls the Services from its offices within the United States of America. As a result of the foregoing, the Company makes no guarantees that Customer Content, Company Content, or the Services are appropriate or available for use in locations other than the United States of America. Access to the Services from territories where their content or use is illegal is prohibited. If you choose to access the Services from locations outside of the United States of America, you do so on your own initiative and are responsible for compliance with any and all applicable local laws. The Company Content and Customer Content may not be exported or used in violation of the laws and regulations of the United States of America.
You are welcome to comment, make suggestions, or review the Services (collectively, "Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. There is no obligation that you provide Feedback, but, in the event that you provide Feedback, including but limited to any Feedback posted on a third-party platform (such as the AppStore® or Google Play store), you hereby grant to the Company a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, and royalty free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback, and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback.
The Company will provide support for Customer Accounts via email at email@example.com.
2023, WealthBlock, Inc.