Ownership of Site;Agreement to Terms of Use
These Terms andConditions of Use (the “Terms of Use”) apply to this website, and allassociated sites linked to this Website by WealthWave, LLC, it’s subsidiariesand affiliates (collectively, the “Site”). The Site is the property ofWealthWave, LLC (“WealthWave”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOTAGREE, DO NOT USE THE SITE.
WealthWave reservesthe right, at its sole discretion, to change, modify, add or remove portions ofthese Terms of Use at any time. It is your responsibility to check these Termsof Use periodically for changes. Your continued use of the Site following theposting of changes will mean that you accept and agree to the changes. As longas you comply with these Terms of Use, WealthWave grants you a personal,non-exclusive, non-transferable, limited privilege to enter and use the Site.
Access to This Site
To access this Siteor any of the resources it has to offer, youmay be asked to provide certain registration details or other information. Itis a condition of your use of this Site that all the information you provide will be correct,current, and complete. If WealthWave believesthe information you provided is not correct,current, or complete, it retains the right to deny access to this Site or any of itsresources, and to terminate or suspend your access at any time.
Restrictions on Use
You may use thisSite only for purposes expressly permitted. You may not use this Site for anyother purpose, including any commercial purpose, without WealthWave’s priorwritten consent. For example, you may not (and may not authorize any otherparty to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink ordeep-link to this Site without the express priorwritten consent of an authorized representative of WealthWave. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, orother means of attribution or identification of any party, in a manner that isreasonably likely to give a user the impression that such other party has theright to display, publish, or distribute this Site or its Content (as definedbelow) accessible within this Site. You agree to cooperate with WealthWave incausing any unauthorized co-branding, framing, or linking to immediately cease.
You must not usethe name “Wealth Wave” in conjunction with any notation indicative of abusiness organization, such as “Corporation”, “Ltd.”, “Inc.”, “Company”, or“Team”, without WealthWave’s prior written consent. You must not appropriatethe name “Wealth Wave” for use in any corporate name, limited liabilitycompany, joint venture or partnership or for any signage, vehicle license tagsor social media identifiers.
Proprietary Information
The text, graphics,user interfaces, visual interfaces, photographs, videos, trademarks, logos,sounds, music, artwork, computer code, information, reports, material andcontent accessible on or generated by this Site (the "Content"), andany other site owned, operated, licensed, or controlled by WealthWave isproprietary information of WealthWave and is protected by copyright andtrademark laws and various other intellectual property rights and unfaircompetition laws. WealthWave retains all right, title, and interest in and tothe Content. Content may not be copied, reproduced, translated, performed,displayed, distributed, republished, uploaded, posted, or transmitted in any way (including “mirroring”) to any othercomputer, server, website or other medium for publication or distribution withoutthe prior writtenconsent of WealthWave, which may be withheld at its sole discretion.You may not remove or alter, orcause to be removed or altered, any copyright, trademark, service mark, or anyother proprietary notice or legend or regulatory disclosure appearing on any ofthe Content. Modification or use of the Content except as expressly provided inthese Terms of Use violates WealthWave's intellectual property rights. Neithertitle nor intellectual property rights are transferred to you by your use of oraccess to this Site.
Hyperlinks
WealthWave may provide hyperlinks to other sites ("Third Party Sites"). Third Party Sites are not maintained by, related to, or sponsoredor affiliated by, WealthWave and are provided as a service andconvenience to you. WealthWave has not reviewed Third Party Sites and is not responsiblefor their content. Third Party Sites are to be accessed at your own risk, and WealthWavemakes no representations or warranties about the content, or the completeness,accuracy or security of Third Party Sites. A hyperlink to a service or site isnot an endorsement of the service or site, its content, or its sponsoringorganization. Further, WealthWave is not liable for any direct or indirectcomputer system damage or other problems you may incur as a result of clicking on a link to any Third Party Site.
What Information isCollected by this Site
In general, you canvisit this Site while remaining anonymous by not providing any “personalinformation” (as defined by applicable law). In some cases, non-personalinformation may be automatically collected, such as your Internet browser, computer operating system, domainname of your Internet service provider, and/or the website from which youlinked to this Site. Personal information about you (e.g., your name, address,telephone number, SSN, and/or e-mailaddress) will not be collected unless you provide it to us voluntarily. Forexample, WealthWave retains e-mail addresses of visitors who respond to thisSite's e-mail forms, online forms, registration forms, and surveys. WealthWavemay also retain information about the frequency of Site visits, duration ofeach visit, and aggregate information on which Site pages you access. If youchoose not to provide personal information, we may not be able to respond to arequest, or an error message may be displayed on your browser.
Cookies
WealthWave may sendSite visitors cookies,web bugs or pixel tags (collectively, "Cookie"), each of which is a small data file sent by this Site to your browserand which may be stored on your hard drive. WealthWave's Cookie enables this Site to recognize you if you have previously utilized certain Site features. In addition, the Cookie mayrecall information so that you do not have to resubmit it, and alsoautomatically updates Site information. If available, you may program yourbrowser software to notify you of attempts to send cookies and/or you maydecline to accept or delete them. Your declination of any Site Cookie may impair your ability to access or usecertain functionality of this Site or require you to enter and re-enterinformation each time you visit the Site.
Submissions
You hereby grant to WealthWave theroyalty-free, perpetual, irrevocable, worldwide, nonexclusive right and licenseto use, reproduce, modify, adapt, publish, translate, create derivative worksfrom, distribute, perform and display all content, remarks, suggestions, ideas,graphics, or other information communicated to WealthWave, or its affiliates, throughthis Site (collectively, the "Submission"), and to incorporate anySubmission in other works in any form, media, or technology now known or laterdeveloped. WealthWave will not be required to treat any Submission asconfidential, and may use any Submission in their businesses (including withoutlimitation, for products or advertising) without incurring any liability forroyalties or any other consideration of any kind, and will not incur anyliability as a result of any similarities that may appear in future operations.
You irrevocablyconsent to and forever authorize the use by WealthWave, its legalrepresentative or assigns, the absolute and unqualified right to use your name,and all photographs, videos, and audio recordings in which you appear or are recordedfor WealthWave, and reproductions thereof, in which you have been included inwhole or part, made through any media without inspection or approval of thefinished product or use to which it may be applied, in any manner WealthWavemay desire, factually or fictionally, including the right to make adaptationsof said material of every and any kind and character. For such purposeWealthWave may adopt, arrange, change, dramatize, make musical versions of,interpolate in, transpose, add to, and subtract from such photographs, videos,and audio recordings and reproductions to such extent as WealthWave, in itssole discretion, may desire, and in any language; and, further to obtaincopyright in all countries on such use by WealthWave of such material in anyform and upon any and all adaptations thereof to renew such copyrights. Yourelease and discharge WealthWave, its assigns, agents, or licensees, from anyand all claims and demands that you may have, which arise out of or inconnection with the use of such photographs, videos, or audio recordings orreproductions, including but not limited to, any and all claims of libel,slander, and invasion of privacy. You further release WealthWave, its assigns,agents, or licensees from any liability of alterations, optical illusion orfaulty mechanical reproduction.
Disclaimer
You understand that WealthWave cannot and doesnot guarantee or warrant that Content available for downloading from this Siteor the Internet will be free of viruses, worms, Trojan Horses, or othermalicious code that may manifest contaminating or destructive properties. You are responsible for implementingsufficient procedures and checkpoints to satisfy your particular requirementsfor accuracy of data input and output, and for maintaining a means external tothis Site for the reconstruction of any lost data. WealthWave does not assumeany responsibility or risk for your use of the Internet or this Site, nor doesWealthWave assume any responsibility for any products or services or hypertextlinks to third parties or for any breach of security associated with your useof this Site or your transmission of sensitive information through this Site or any hyperlinked sites.
The Content is notnecessarily complete and up-to-date and all persons should use the Content inthe same manner as any other informational medium and should not rely on theContent to the exclusion of their own professional judgment. Informationobtained by using this Site is not exhaustive and does not cover all issues,topics, or facts that may be relevant to your goals and objectives. Nothing onthis Site should be construed as rendering tax, legal, investment, oraccounting advice. All of theinformation on this Site, whether historical in nature or forward-looking,speaks only as of the date the information is posted on this Site, andWealthWave does not undertake any obligation to update such information afterit is posted or to remove such information from this Site if it is not, or isno longer, accurate or complete.
Limitation ofLiability
Indemnity
You will indemnify and hold WealthWave, itssubsidiaries, affiliates, licensors, content providers, service providers,employees, agents, officers, directors, and contractors (the "IndemnifiedParties") harmless from any breach of these Terms of Use by you, including any use of Content other than asexpressly authorized in these Terms of Use.You agree that the IndemnifiedParties will have no liability in connection with any such breach orunauthorized use, and you agree to indemnify the Indemnified Parties againstany and all resulting losses, damages, judgments, awards, costs, expenses, andattorneys' fees in connection therewith. Youwill also indemnify and hold the Indemnified Parties harmless from andagainst any claims brought by third parties arising out of or related to youruse of the Content accessed fromthis Site.
Trademarks, ServiceMarks and Copyrights
WEALTHWAVE is afederally registered trademark of WealthWave, LLC. Unless otherwisespecifically noted, images, trademarks, service marks, logos, and iconsdisplayed on this Site are the property of WealthWave, or its affiliates orlicensors, and may not be used without WealthWave’s prior written consent.WealthWave, its affiliates and its licensors retain all rights with respect toany of their respective trademarks,service marks, and logos appearing on this Site. Any unauthorized use of theimages may violate copyright, trademark, privacy and publicity laws and regulations.
Information You Provide
You may not post, send, submit, publish, or transmiton, through, by or in connection with this Site any material that:
· you do not have the right topost, including proprietary material of any third party; advocates illegal activity or discusses an intent tocommit an illegal act;
· does not pertain directly tothis Site;
· threatens or abuses others,libels, defames, invadesprivacy, stalks, is racist, abusive,harassing, threatening, offensive, vulgar, obscene, pornographic or indecent;seeks to exploit or harm children by exposing them to inappropriate content,asking for personally identifiable details, orotherwise;
· infringes any intellectual propertyor other right of any entity or person, includingviolating anyone's copyrights or trademarks or their rightsof publicity; violates any lawor may be considered to violate any law;
· impersonates or misrepresentsyour connection to any other entity or person or otherwise manipulates headersor identifiers to disguise the origin of the content; advertises any commercialendeavor (e.g., offering for sale products or services) or otherwise engages inany commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or solicitinggoods or services) except as may be specifically authorized on this Site;
· solicits funds, advertisers, or sponsors;
· includes programs which containviruses, worms, and/orTrojan Horses or any othercomputer code, files,or programs designedto interrupt, destroy,or limit the functionality of any computersoftware or hardware or telecommunications;
· disrupts the normal flow ofdialogue, causes a screen to scroll faster than other users are able to type,or otherwise acts in a way which affects the ability of other people to engagein real time activities via this Site;
· amounts to a "ponzi"or similar scheme;
· disobeys any policy orregulations established from time to time regarding use of this Site or anynetworks connected to this Site; orcontains hyperlinks to other sites that contain content that falls within thedescriptions set forth above.
WealthWave reservesthe right to monitor the use of this Site to determine compliance with these Terms of Use, as well as the right toremove or refuse any information or Submission for any reason. Notwithstandingthese rights, you remain solely responsible for the content of your Submissionsand actions. You acknowledge andagree: WealthWave or any third party that provides Content to WealthWave shallnot assume or have any liability for any action or inaction by WealthWave orsuch third party with respect to any Submission.
We Are Not ProvidingInvestment Advice
The informationcontained on this Site does not constitute investment advice or a solicitationto buy any security or any insurance product.
This Site iscontrolled by WealthWave from our offices within the United States. Except asspecifically stated, we make no representation that Content in this Site isappropriate or available for use in other jurisdictions. Accessto this Site's Content from jurisdictions where such accessis illegal is prohibited. If you choose to accessthis Site from otherjurisdictions, you do so at your own risk. Youare always responsible for your compliance with applicable laws. You may not use or export the materials inthis Site in violation of U.S. export laws and regulations. WealthWave and itsaffiliates and subsidiaries are not authorized to do business in everyjurisdiction. By downloading any Content, you are agreeing that you are not ina country where such export is prohibited and that you are not a person orentity to which such export is prohibited. Youare responsible for compliance with the laws of your local jurisdictionregarding the import, export, or re-export of any Content. Informationpublished on this Site may contain references or cross-references to products,programs or services that are not available in your state or country. Theproducts referred to on this Site may be offered and sold only to persons inthe United States and its territories. Consult your qualified financialprofessional for information regarding the products, programs and serviceswhich may be available to you.
No Representation asto Suitability
WealthWave makes norepresentation as to the financial or other suitability of any productdescribed on this Site for any user. Inorder to evaluate whether a particular product is suitable for your financialneeds, you should contact a qualified financial professional. The posting ofany prospectus or any other information on this Site should not beinterpreted as a recommendation or opinion that you should make any purchase orsale or participate in any transaction.
Violations of Rulesand Regulations
WealthWave reservesthe right to seek any remedy available at law or in equity for any violation of these Termsof Use, including the right to block access from a particular Internet addressto this Site.
Personal Information
Depending on yourlevel of access to this Site, you may receive or obtain access to personalinformation as defined above. Your access and use of such information isgoverned by state and federal law and limited to specific business activitiesfor which you are authorized. Should you access Personal Informationintentionally or unintentionally of others for who you are not authorized, youwill immediately notify us and you will not copy,download, store or transmit such information to any third party.
Security
Access Codes (Usernames and passwords) used for this Site are for individual use only. You will be responsible for thesecurity of your Access Codes. WealthWave will be entitled to monitor yourAccess Codes and, at its discretion, require you to change it. If you useAccess Codes that WealthWave considers insecure, WealthWave will be entitled torequire the password to be changed and/or terminate your account.
You are prohibited from using any services orfacilities provided in connection with this Site to compromise security ortamper with system resources and/or accounts. The use or distribution of toolsdesigned for compromising security (e.g., password guessing programs, crackingtools or network probing tools) is strictly prohibited. If you become involvedin any violation of system security, WealthWave reserves the right to releaseyour details to system administrators at other sites in order to assist them in resolving security incidents and tofederal or state law enforcement officials. WealthWave reserves the right toinvestigate suspected violations of these Termsof Use.
You agree that WealthWave shall not beresponsible for damages or losses resulting from any breach of security causedby your failure to maintain the confidentiality of your Access Codes. If youpermit access to your Access Codes by third parties, then you agree to defend,indemnify and hold WealthWave harmless from and against any liability, losses, damages, or costs and expenses (includingattorneys' fees) arising out of, relatedto or resulting from, such access and related use of this Site. WealthWavereserves the right to block access to this Site for any reason. You also agree to immediately notifyWealthWave if you:
· become aware of any loss ortheft of your Access Codes, or
· become aware of anyunauthorized use of your Access Codes.
Finally,you acknowledge and agree that you will not: (i) collect or store personal dataabout other users of this Site, or (ii) upload, e-mail, or otherwise transmit any material that contains viruses orany other computer code, files, or programs that might interrupt, limit, orinterfere with the functionality of any computer software, hardware, databaseor file, or communications equipment that is owned, leased, or used byWealthWave.
For yourprotection, WealthWave may require the use of encryption technologies forcertain types of communications conducted through this Site. This Site has adoptedindustry standard security measures to protect the loss, misuse, and alterationof the information under our control. While we provide those technologies anduse other reasonable precautions to protect confidential information andprovide suitable security, we do not guarantee or warrant that informationtransmitted through the Internet issecure, or that such transmissions will be free from delay, interruption, interception, or error. While there is no such thing as "perfectsecurity" on the Internet, we will take reasonable steps to insure thesafety of your personal information. There is always the possibility ofunknowingly acquiring computer viruses on the Internet and thus we want to warnyou about infections or viral contamination on your system. It is yourresponsibility to scan any and all downloaded materials received from theInternet. WealthWave is not responsible or liable for any damage caused byviruses or related hazards, whether or not that virus or hazard resulted from avisit to this Site. You, and notWealthWave, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
WealthWave reservesthe right to fully cooperate with any law enforcement authorities, regulatoryauthorities, or court order requesting or directing them to disclose the identity of anyone posting any e-mailmessages, or publishing or otherwise making available any materials that arebelieved to violate these Terms of Use.
BYACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS WEALTHWAVE FROM ANY CLAIMSRESULTING FROM ANY ACTION TAKEN BY WEALTHWAVE DURING OR AS A RESULT OF ITSINVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONSBY EITHER WEALTHWAVE OR LAW ENFORCEMENT AUTHORITIES.
WealthWaverecognizes that e-mail can be the preferred mode of communication for some ofits customers. Either during your registrationon this Site or your election to participate in WealthWave360 or to transact businesselectronically with WealthWave, you provided your e-mailaddress to WealthWave. WealthWave may use, and you hereby permit WealthWave touse, this e-mail address for the following:
· Service notifications relatedto your account(s);
· Regularly scheduled e-mail newsletters;
· Products or services you have purchased;
· Optional e-mail communicationswhich you have signed up for (e.g., newsletters);
· Occasional updates aboutproducts and services as well as marketing offers.
Also, once you haverequested information from WealthWave via e-mail, WealthWave may communicatewith you via e-mail regarding your request to provide additional informationrelated to your initial information request. However,WealthWave will never ask you to send personal information such asaccount or Social Security numbers by non-secure e-mail. WealthWave may requirecertain e-mail communications to be conducted through secure or encryptede-mail. If WealthWave sends you an advertisement via e-mail, it will includeinstructions on how to opt-out of receiving such e-mail advertisements in thefuture. If you elect to opt-out of receiving e-mail advertisements, WealthWavewill continue to send you non-advertisement e-mails as stated above. It is yourresponsibility to maintain accurate records with WealthWave and to update youre-mail address if it changes.
Additionally,certain portions of this Site may offer you the ability to e-mail a message toWealthWave even if you have not elected to participate in WealthWaveONE or to transactbusiness electronically with WealthWave. E-mail functionality, if any, is providedto you to facilitate communications between you and WealthWave.You agree, however, that you will not use e-mail to request, authorize, oraffect the purchase or sale of any securities or other product or service, tochange your address or other account information, to change your User Codes, totransmit personal credit information (including credit card numbers), to sendfund transfer instructions, or for any other financial transactions thatrequire formal authorization in accordance with applicable law or WealthWave'spolicies and procedures. Any such requests, orders, or instructions that yousend to WealthWave by e-mail will not be accepted or processed by WealthWave.WealthWave shall have no liability for any loss or damage that arises from unacceptede-mail requests, orders, or instructions. Moreover,WealthWave shall have no liability for any loss or damage that resultfrom interception and/or unauthorized use by third parties of any informationyou send by e-mail.
RegisteredRepresentatives of Transamerica Financial Advisors, Inc. (“TFA”)
TFA assigns each registered representative (“RR”) an approved TFA emailaddress. RRs are required to use this assigned email address for all investmentrelated and TFA business purposes. Use of public e-mail addresses and domainsoffered by Gmail, Yahoo, AOL, Hotmail/Outlook, EarthLink, Verizon, Comcast orother local ISP are prohibited for business purposes.
For the purpose of these requirements, “TFA-related” is defined as anyand all electronic communication (including e-mail attachments) that are sentor received by an associated person (RR, non-registered sales assistant, andemployee) of TFA relating to TFA’s business as a broker-dealer or investmentadvisor. This includes all email correspondence to or from customers, otherbusinesses, regulatory agencies, other public authorities, or other associatedpersons of TFA (i.e. interoffice correspondence). This also includesTFA-related correspondence that may be marked as personal and confidential.
Children
This Site does notintend to market any products or services to children under thirteen (13) yearsof age. WealthWave does not knowingly gather or solicit data from children under eighteen (18) years ofage through this Site for marketing purposes. By using this Site you representthat you are not under eighteen (18) years ofage.
Short Message Service(SMS) Text Message Policies
By opting into ourSMS services, if available, you are agreeing to receive promotional offers andnotifications from WealthWave. For your privacy, WealthWave will not releaseyour name, e-mail address, or phone number to any outside company. Message andData Rates May Apply. You must havea two way text-enabled phone with compatible carrier and plan.
Privacy
WealthWave’sPrivacy Policy applies to use of this Site, and its terms are made a part ofthese Terms of Use by this reference. To view WealthWave’s Privacy Policy,click on Privacy Policy on the Site. Additionally, by using the Site, youacknowledge and agree that internet transmissions are never completely privateor secure. You understand that any message or information you send to the Sitemay be read or intercepted by others, even if there is a special notice that aparticular transmission is encrypted.
Miscellaneous
These Terms of Use will be governed andinterpreted pursuant to the laws of the state of Georgia, United States ofAmerica, notwithstanding any principles of conflicts of law. You specifically consent to personaljurisdiction in Georgia in connection with any dispute between you andWealthWave arising out of these Terms ofUse pertaining to this Site. The parties to these Terms of Use each agree that the exclusivevenue for any dispute between the parties arising out of these Terms of Use or pertaining to the subjectmatter of these Terms of Use will bein the state or federal courts having jurisdiction within Johns Creek, Georgia.If any part of these Terms of Use isunlawful, void or unenforceable, that part will be deemed severable and willnot affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entireagreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional Terms ofUse on this Site will govern the items to which they pertain. WealthWave mayrevise these Terms of Use at anytime by updating this posting. These Termsof Use constitute the entire agreement between WealthWave and you withrespect to your use of this Site. Any cause of action you may have with respectto your use of this Site must commence within one (1) year after the claim orcause of action arises.
Terms of Use Last Updated: August15, 2023.
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