Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to this website, and all associated sites linked to this website by WealthWave, LLC, it’s subsidiaries and affiliates (collectively, the “Site”). The Site is the property of WealthWave, LLC (“WealthWave”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
WealthWave reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as 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 Site or any of the resources it has to offer, you may 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 believes the information you provided is not correct, current, or complete, it retains the right to deny access to this Site or any of its resources, and to terminate or suspend your access at any time.
Restrictions on Use
You may use this Site only for purposes expressly permitted. You may not use this Site for any other purpose, including any commercial purpose, without WealthWave’s prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of WealthWave. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or its Content (as defined below) accessible within this Site. You agree to cooperate with WealthWave in causing any unauthorized co-branding, framing, or linking to immediately cease.
You must not use the name “WealthWave” in conjunction with any notation indicative of a business organization, such as “Corporation”, “Ltd.”, “Inc.”, “Company”, or“Team”, without WealthWave’s prior written consent. You must not appropriate the name “WealthWave” for use in any corporate name, limited liability company, joint venture or partnership or for any signage, vehicle license tags or social media identifiers.
Proprietary Information
The text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, computer code, information, reports, material and content accessible on or generated by this Site (the "Content"), and any other site owned, operated, licensed, or controlled by WealthWave is proprietary information of WealthWave and is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. WealthWave retains all right, title, and interest in and to the Content. Content may not be copied, reproduced, translated, performed, displayed, distributed, republished, uploaded, posted, or transmitted in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution without the prior written consent of WealthWave, which may be withheld at its sole discretion. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates WealthWave's intellectual property rights. Neither title nor intellectual property rights are transferred to you by your use of or access to this Site.
Hyperlinks
WealthWave may provide hyperlinks to other sites ("Third Party Sites"). Third Party Sites are not maintained by, related to, or sponsored or affiliated by, WealthWave and are provided as a service and convenience to you. WealthWave has not reviewed Third Party Sites and is not responsible for their content. Third Party Sites are to be accessed at your own risk, and WealthWave makes no representations or warranties about the content, or the completeness, accuracy or security of Third Party Sites. A hyperlink to a service or site is not an endorsement of the service or site, its content, or its sponsoring organization. Further, WealthWave is not liable for any direct or indirect computer system damage or other problems you may incur as a result of clicking on a link to any Third Party Site.
What Information is Collected by this Site
In general, you can visit this Site while remaining anonymous by not providing any “personal information” (as defined by applicable law). In some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the website from which you linked to this Site. Personal information about you (e.g., your name, address, telephone number, SSN, and/or e-mail address) will not be collected unless you provide it to us voluntarily. For example, WealthWave retains e-mail addresses of visitors who respond to this Site's e-mail forms, online forms, registration forms, and surveys. WealthWave may also retain information about the frequency of Site visits, duration of each visit, and aggregate information on which Site pages you access. If you choose not to provide personal information, we may not be able to respond to a request, 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 browser and 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 may recall information so that you do not have to resubmit it, and also automatically updates Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them. Your declination of any Site Cookie may impair your ability to access or use certain functionality of this Site or require you to enter and re-enter information each time you visit the Site.
Submissions
You hereby grant to WealthWave the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas,graphics, or other information communicated to WealthWave, or its affiliates, through this Site (collectively, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. WealthWave will not be required to treat any Submission as confidential, and may use any Submission in their businesses (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.
You irrevocably consent to and forever authorize the use by WealthWave, its legal representative or assigns, the absolute and unqualified right to use your name,and all photographs, videos, and audio recordings in which you appear or are recorded for WealthWave, and reproductions thereof, in which you have been included in whole or part, made through any media without inspection or approval of the finished product or use to which it may be applied, in any manner WealthWave may desire, factually or fictionally, including the right to make adaptations of said material of every and any kind and character. For such purpose WealthWave 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 its sole discretion, may desire, and in any language; and, further to obtain copyright in all countries on such use by WealthWave of such material in anyform and upon any and all adaptations thereof to renew such copyrights. You release and discharge WealthWave, its assigns, agents, or licensees, from any and all claims and demands that you may have, which arise out of or in connection with the use of such photographs, videos, or audio recordings or reproductions, 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 or faulty mechanical reproduction.
Disclaimer
You understand that WealthWave cannot and does not guarantee or warrant that Content available for downloading from this Site or the Internet will be free of viruses, worms, Trojan Horses, or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. WealthWave does not assume any responsibility or risk for your use of the Internet or this Site, nor does WealthWave assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this Site or your transmission of sensitive information through this Site or any hyperlinked sites.
The Content is not necessarily complete and up-to-date and all persons should use the Content in the same manner as any other informational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained 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 on this Site should be construed as rendering tax, legal, investment, or accounting advice. All of the information on this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and WealthWave does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
Limitation of Liability
Indemnity
You will indemnify and hold WealthWave, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to your use of the Content accessed from this Site.
Trademarks, Service Marks and Copyrights
WEALTHWAVE is a federally registered trademark of WealthWave, LLC. Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on this Site are the property of WealthWave, or its affiliates or licensors, and may not be used without WealthWave’s prior written consent. WealthWave, its affiliates and its licensors retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this Site. Any unauthorized use of the images may violate copyright, trademark, privacy and publicity laws and regulations.
Information You Provide
You may not post, send, submit, publish, or transmit on, through, by or in connection with this Site any material that:
· you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act;
· does not pertain directly to this Site;
· threatens or abuses others,libels, defames, invades privacy, 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, or otherwise;
· infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
· solicits funds, advertisers, or sponsors;
· includes programs which contain viruses, worms, and/or Trojan Horses or any other computer code, files,or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
· disrupts the normal flow of dialogue, 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 engage in real time activities via this Site;
· amounts to a "ponzi" or similar scheme;
· disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
WealthWave reserves the right to monitor the use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information or Submission for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions and actions. You acknowledge and agree: WealthWave or any third party that provides Content to WealthWave shall not assume or have any liability for any action or inaction by WealthWave or such third party with respect to any Submission.
We Are Not Providing Investment Advice
The information contained on this Site does not constitute investment advice or a solicitation to buy any security or any insurance product.
This Site is controlled by WealthWave from our offices within the United States. Except as specifically stated, we make no representation that Content in this Site is appropriate or available for use in other jurisdictions. Access to this Site's Content from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this Site in violation of U.S. export laws and regulations. WealthWave and its affiliates and subsidiaries are not authorized to do business in every jurisdiction. By downloading any Content, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content. Information published on this Site may contain references or cross-references to products, programs or services that are not available in your state or country. The products referred to on this Site may be offered and sold only to persons in the United States and its territories. Consult your qualified financial professional for information regarding the products, programs and services which may be available to you.
No Representation as to Suitability
WealthWave makes no representation as to the financial or other suitability of any product described on this Site for any user. In order to evaluate whether a particular product is suitable for your financial needs, you should contact a qualified financial professional. The posting of any prospectus or any other information on this Site should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.
Violations of Rules and Regulations
WealthWave reserves the right to seek any remedy available at law or in equity for any violation of these Terms of Use, including the right to block access from a particular Internet address to this Site.
Personal Information
Depending on your level of access to this Site, you may receive or obtain access to personal information as defined above. Your access and use of such information is governed by state and federal law and limited to specific business activities for which you are authorized. Should you access Personal Information intentionally or unintentionally of others for who you are not authorized, you will 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 the security of your Access Codes. WealthWave will be entitled to monitor your Access Codes and, at its discretion, require you to change it. If you use Access Codes that WealthWave considers insecure, WealthWave will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, WealthWave reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents and to federal or state law enforcement officials. WealthWave reserves the right to investigate suspected violations of these Terms of Use.
You agree that WealthWave shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your Access Codes. If you permit 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 (including attorneys' fees) arising out of, related to or resulting from, such access and related use of this Site. WealthWave reserves the right to block access to this Site for any reason. You also agree to immediately notify WealthWave if you:
· become aware of any loss or theft of your Access Codes, or
· become aware of any unauthorized use of your Access Codes.
Finally, you acknowledge and agree that you will not: (i) collect or store personal data about other users of this Site, or (ii) upload, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased, or used by WealthWave.
For your protection, WealthWave may require the use of encryption technologies for certain types of communications conducted through this Site. This Site has adopted industry standard security measures to protect the loss, misuse, and alteration of the information under our control. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet issecure, or that such transmissions will be free from delay, interruption, interception, or error. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to insure the safety of your personal information. There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. WealthWave is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not WealthWave, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
WealthWave reserves the right to fully cooperate with any law enforcement authorities, regulatory authorities, or court order requesting or directing them to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS WEALTHWAVE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEALTHWAVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEALTHWAVE OR LAW ENFORCEMENT AUTHORITIES.
WealthWave recognizes that e-mail can be the preferred mode of communication for some of its customers. Either during your registration on this Site or your election to participate in WealthWaveONE or to transact business electronically with WealthWave, you provided your e-mail address to WealthWave. WealthWave may use, and you hereby permit WealthWave to use, this e-mail address for the following:
· Service notifications related to your account(s);
· Regularly scheduled e-mail newsletters;
· Products or services you have purchased;
· Optional e-mail communications which you have signed up for (e.g., newsletters);
· Occasional updates about products and services as well as marketing offers.
Also, once you have requested information from WealthWave via e-mail, WealthWave may communicate with you via e-mail regarding your request to provide additional information related to your initial information request. However,WealthWave will never ask you to send personal information such as account or Social Security numbers by non-secure e-mail. WealthWave may require certain e-mail communications to be conducted through secure or encrypted e-mail. If WealthWave sends you an advertisement via e-mail, it will include instructions on how to opt-out of receiving such e-mail advertisements in the future. If you elect to opt-out of receiving e-mail advertisements, WealthWave will continue to send you non-advertisement e-mails as stated above. It is your responsibility to maintain accurate records with WealthWave and to update your e-mail address if it changes.
Additionally, certain portions of this Site may offer you the ability to e-mail a message to WealthWave even if you have not elected to participate in WealthWaveONE or to transact business electronically with WealthWave. E-mail functionality, if any, is provided to you to facilitate communications between you and WealthWave. You agree, however, that you will not use e-mail to request, authorize, or affect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or WealthWave's policies and procedures. Any such requests, orders, or instructions that you send 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 unaccepted e-mail requests, orders, or instructions. Moreover, WealthWave shall have no liability for any loss or damage that result from interception and/or unauthorized use by third parties of any information you send by e-mail.
Email Add-On Service Terms
This section applies to subscribers who have opted for the Email Add-On Service ("Service") provided by WealthWave, LLC. By subscribing to this Service, you acknowledge and agree to the terms outlined herein, in addition to the general Terms of Use of the Site.
Service Deactivation and Data Deletion
By using the Email Add-On Service, you acknowledge and agree to these terms. It is your responsibility to review these Terms of Use periodically for any changes or updates.
Children
This Site does not intend to market any products or services to children under thirteen (13) years of age. WealthWave does not knowingly gather or solicit data from children under eighteen (18) years of age through this Site for marketing purposes. By using this Site you represent that you are not under eighteen (18) years of age.
Short Message Service (SMS) Text Message Policies
By opting into our SMS services, if available, you are agreeing to receive promotional offers and notifications from WealthWave. For your privacy, WealthWave will not release your name, e-mail address, or phone number to any outside company. Message and Data Rates May Apply. You must have a two way text-enabled phone with compatible carrier and plan.
Privacy
WealthWave’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view WealthWave’s Privacy Policy, click on Privacy Policy on the Site. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and WealthWave arising out of these Terms of Use pertaining to this Site. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state or federal courts having jurisdiction within Alpharetta, Georgia. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional Terms of Use on this Site will govern the items to which they pertain. WealthWave may revise these Terms of Use at anytime by updating this posting. These Terms of Use constitute the entire agreement between WealthWave and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or a use of action arises.
Terms of Use Last Updated: February 29, 2024.
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