TERMS AND CONDITIONS OF USE
Terms and Conditions of Use - Last updated January 1, 2023.
All rights not expressly granted to Users in these Terms are hereby reserved by us.
We reserve the right to amend or update these Terms at any time, for any reason, and without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Website that will be subject to the Terms. Such amendments, updates or modifications shall be deemed effective immediately upon posting of the modified terms. The latest version of these Terms will be posted on the Website, and you are responsible for regularly reviewing these Terms, because your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such amendments or updates. If, at any time, you do not wish to accept these Terms, you should immediately discontinue any use of the Website. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by us and shall be of no force or effect.
2. User Account Information
Registered Users must not allow any other person to use their user name and password, and they must ensure that that user name and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user name and password.
3. Subscriptions for Memberships
Each Registered User may try the benefits of our Membership for 14 days free of charge (the “Complimentary Preview”). You will not be required to provide payment information in order to sign up for a Complimentary Preview and there is no commitment to purchase a paid subscription to either our Monthly or Annual Memberships. If you have not elected to become a paying subscriber to either our Monthly or Annual Membership (a “Subscriber”) before the end of the 14-day Complimentary Preview period, your Complimentary Preview will simply end. You may only have one Complimentary Preview unless special consideration is granted. Should we determine that you have already made use of a Complimentary Preview your ability to access or use the Website may be temporarily or permanently suspended.
At any time during the Complimentary Preview period, you can elect to become a Subscriber by selecting either our Monthly or Annual Membership plan and entering you credit card information. Your credit card information is collected solely for payment of your subscription, and it is shared only with our credit card processor in order to complete the transaction. Your credit card will be billed for either our Monthly or Annual Membership plan once the Complimentary Preview expires or, if you are not receiving a Complimentary Preview, upon your registration for a subscription to either our Monthly or Annual Membership plan.
Our Monthly and Annual Memberships are billed in advance on a monthly and/or annual basis. There will be no refunds or credits for partial weeks or months of service.
All billing for our Memberships is recurring, which means you will continue to be billed until you cancel your subscription. You are solely responsible for properly canceling your subscription. You may cancel automatic renewal of your subscription at any time by visiting the Membership section (within your account's Profile) and clicking on the "Cancel Automatic Renewal" button and then confirming such when prompted to do so. You may also cancel your subscription's renewal at any time by sending an email request for cancellation to: [email protected]. You will then receive an email confirmation for such confirming your request. You may not request cancellation of your subscription by any other means (such as by sending a request via another email address, postal mail or by calling any phone number).
If you cancel before the end of your current paid up period, your subscription will remain active until the current billing period end date.
There are no refunds for either initial or recurring payments. When you enroll in either our Monthly or Annual Membership for the first time, you should make sure that the order is correct before the payment is submitted. During the subscription process, you will be prompted to click an “Enroll” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms, including your agreement that you will not be entitled to any refund for any initial or recurring payment.
4. Malfunctions and Technical Support
We shall not be liable if at any time the Website malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Website. We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Website.
Each User will be responsible and liable for all transactions effected through their use of the Website. We will not be held accountable if a User suffers any loss or damage as a result of the use of the Website.
6. No Investment Advice Provided
Nothing on the Website or in these Terms constitutes an offer to sell or a solicitation of an offer to buy any securities. The Company is not, and is not operated by, a broker, a dealer, or a registered investment adviser. Under no circumstances does any information posted on the Website represent a recommendation to buy or sell a security. The information on the Website and in its related application software, email and newsletters, including information provided through our Annual Membership, is not intended to be, nor does it constitute, investment, legal or tax advice or recommendations and is provided as general market information for educational purposes ONLY. Independent investment advice should be sought from a professional to confirm validity and accuracy of any information provided on the Website and in its related application software, email and newsletters, including information provided through our Annual Membership. Users should consult their own tax and legal advisers regarding the tax and legal consequences of the purchase, ownership and disposition of securities in light of their particular circumstances, including the effect of any state, local or other national laws.
Past performance is not necessarily indicative of future results. We make no representation regarding the likelihood or probability of any particular investment objective or outcome. Investment results may differ materially from those indicated by the Website or our Annual Membership, including due to market conditions, economic factors and other risks and uncertainties that we may not be able to anticipate. There is a very high degree of risk involved in trading securities and investments should be made only by those for whom the investment is suitable and who are able to bear the risk of loss. The Company assumes no responsibility or liability for any trading or investment results. Investors are urged to use all available resources to educate themselves about investing in general and the securities in your portfolio. Further, it is your responsibility to monitor, and update the information in, your account as your personal financial circumstances or investment objectives change.
The Company cannot and does not guarantee the accuracy, completeness, timeliness, non- infringement, merchantability, fitness for a particular purpose or correct sequencing of any of the information on the Website and in its related application software, email or newsletters, including information provided through our Annual Membership, including information originated by the Company, licensed by the Company from third party information providers, or gathered by the Company from publicly available sources. There may be delays, omissions, or inaccuracies in any such information.
8. Third-Party Services
Certain portions of the Website contain features and functionality that may link to or be provided from a third party, including without limitation any payment service provider, website platforms, directories, servers, networks, and systems (collectively, “Third Party Services”). We provide access to these Third-Party Services to you as a convenience only and we do not, in any way, control or manage such Third-Party Services. As such, we are not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third-Party Services or any link contained therein. By making such Third-Party Services available via the Website, we are not endorsing or warranting such Third-Party Services in any way. We cannot be responsible for the content, security, terms or privacy policies of such Third-Party Services.
9. Third-Party Content Providers, Sites, Referrals, and Disclaimers
We are not liable for any direct or indirect technical or system issues, consequences, or damages arising from your use of any third-party website. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY, THEIR PRODUCTS OR SERVICES, THEIR WEBSITE, OR ANY CONTENT MADE AVAILABLE THROUGH SUCH THIRD-PARTY SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT (OR ITS ACCURACY) ON ANY LINKED WEBSITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
10. Warranties and Liability
The Website and all content, functionality and features within it, including information provided through our Annual Membership (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, we disclaim and exclude all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Website is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO USER WITH RESPECT TO USER’S USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
Neither we nor any other party involved in producing or delivering the Website assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the Website.
Users assume total responsibility and risk for their use of the Website and Third-Party Websites. We do not warrant that any Content (as defined below under the heading Intellectual Property and Privacy) will be free of viruses, worms, Trojan horses or other destructive programming. Users are responsible for implementing procedures sufficient to satisfy their needs for data backup and security.
Each User indemnifies, and will keep indemnified, the Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which the Company may incur or be subject to or suffer as a result of the User’s use of the Website and the services and functionality provided by it.
11. No Illegal or Malicious Use
No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimidate or impersonate any other User. Any such use will result in termination to the User’s access to the Website and of the User’s account.
12. Intellectual Property and Privacy
The Website and all Content, including Data, may not be downloaded, copied, reproduced, republished, uploaded, posted, transmitted, decoded, reverse engineered or distributed without the Company’s prior written consent. However, as long as a User complies with these Terms, we grant the User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on the User not modifying the Website or the Content, and the User’s acceptance of any terms, conditions, and notices accompanying the Content or as otherwise stated in the Website. If a User downloads, copies, reproduces, republishes, uploads, posts, transmits, decodes, reverse engineers or distributes or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms, the User’s right to use the Website will cease immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws, which may result in severe civil and criminal penalties. In the United States, federal civil penalties for copyright infringement include the recovery of actual damages plus the profits of the infringer, or statutory damages in the amount of $750 to $30,000 per act of infringement. In cases of willful infringement, the award of statutory damages can be increased up to$150,000, and attorneys’ fees may be awarded. Criminal copyright infringement is punishable by fines and federal imprisonment. Notwithstanding anything to the contrary herein, any materials available for downloading, access, or other use from the Website that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
If the User posts to the User’s personal social media including, without limitation, Facebook, Twitter, LinkedIn or the like and the User tags us or uses another related hashtag, the User grants us the irrevocable, unrestricted right to repost the User’s post on the Website.
No User may publish or use any Company brand, branding or logos except with the Company’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Website.
Users shall be responsible for maintaining the security of their account by keeping their User Account Information, username and password confidential and secure, and not sharing any such information with any third party.
We shall not be liable for any loss, cost or damage suffered as a result of any unauthorized use of the Website by any third party caused by a User’s failure to comply with these provisions. Users must notify us immediately if they suspect or become aware of any unauthorized or fraudulent use of their account.
If a User does not comply with any aspect of these Terms, we may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms (including the license granted within it) with respect to such User. We shall not be liable for any loss or damage suffered by Users as a result of us exercising our rights under this clause.
16. Governing Law and Jurisdiction
These Terms shall be governed by New York law, and all Users irrevocably submit to the exclusive jurisdiction of the state of New York for any matter or dispute arising in relation to these Terms or the use of the Website.
If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
The Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. The Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign all or any portion of its rights or delegate all or any portion of its obligations under these Terms.
18. Dispute Resolution
We will try work in good faith to resolve any issue you have with the Website. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
User and the Company agree that ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO USER’S USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR THESE TERMS SHALL BE DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. ACCORDINGLY, USER AGREES TO GIVE UP USER’S RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND RIGHTS UNDER THESE TERMS. User’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and User’s claims cannot be brought as a class action. In any such arbitration, the arbitrator shall be appointed by agreement of the both parties or, if no agreement can be reached, by the American Arbitration Association pursuant to its rules. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with Users to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between User and the Company.
USER AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both User and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims with User’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in New York.
19. International Matters
The Website is hosted and operated in the United States and is intended to be used by United States persons. Those who choose to access the Website from outside of the United States do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on the Website. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Website. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported to the United States.
20. Electronic Communications
The very nature of the Website communicates information between you and us by electronic means (e.g., via the Website submissions, email). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
21. Feedback and Claims of Infringement
We welcome any feedback you have regarding the Website. Please be aware that any feedback you provide will be deemed non-confidential, and we will be free to use such information on an unrestricted basis.
If you believe that any content appearing on the Website infringes your copyright rights, you should inform us promptly. Please forward the following information in writing at the address listed below:
A) Your name, address, telephone number and e-mail address;
B) A description of the copyrighted work that you believe has been infringed;
C) The exact URL or a description of each place where alleged infringing material is located;
D) A statement from you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
E) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
F) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide any feedback or claims of infringement to the following address: The Wealth Quorum®, LLC, 48 Wall Street, Floor 11, New York, NY 10005.
22. Entire Agreement