Terms of Service
PURPOSE OF THIS AGREEMENT
Welcome to FutureFlipper, LLC dba Wealthy Investor and www.go.wealthyinvestor.com. This Agreement sets forth Your rights and obligations as a WealthyInvestor User. By clicking “I Agree,” You indicate that You have read andunderstood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASECAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFOREACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.GO.WEALTHYINVESTOR.COM. THESE TERMS CONTAIN DISCLAIMERS OFWARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN ACOPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.go.wealthyinvestor.com (hereafter “Website”), which is ownedand maintained by Future Flipper, LLC dba Wealthy Investor and www.go.wealthyinvestor.com (“Wealthy Investor,” “we,” “our,”“us”), is governed by the terms and conditions set forth below. We offerthe Website, including all information, tools, and services available from theWebsite to you, the user, conditioned upon your acceptance of all terms andconditions stated here. By accessing, using, subscribing, or placing anorder over the Website, you and your business agree to the terms set forthherein. If you do not agree to these terms and conditions in their entirety,you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDINGAGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”)TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEENYOU AND YOUR BUSINESS (“YOU”) AND WEALTHY INVESTOR. THIS AGREEMENTGOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY WEALTHYINVESTOR, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHERACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OFTHE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINSARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURTHEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASSACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY ANDALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Wealthy Investor reservesthe right to update and change, from time to time, these Terms and alldocuments incorporated by reference by posting updates and/or changes to ourWebsite. It is your responsibility to check this page periodically forchanges. Youcan find the most recent version of these Terms at Terms of Service.Use of the Website after suchchanges constitutes acceptance of such changes. Any new features or toolswhich are added to the current Website shall also be subject to the Terms.
Table of Contents
- Website Use
- Website User Conduct and Restrictions-License Terms
- Our Privacy Statement and Your Personal Information
- Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
- Order Placement and Acceptance
- Refunds for Hard Goods
- Automatic Enrollment and Payment, and Cancellation
- Subscription Terms and Automatic Payment
- Shipping Fees
- Products, Services, and Prices Available on the Website
- Important Disclosures
- Testimonials, Reviews, and Pictures/Videos
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Wealthy Investor’s Additional Remedies
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
- Data Privacy Shield
SECTION 1 – WEBSITE US
The Website is intended forbusinesses operated by adults. If you use the Website, you are affirmingthat you are at least 18 years old or the legal age of majority in your stateor province of residence (whichever is greater), operate a business, have thelegal capacity to enter into a binding contract with us, and have read thisAgreement and understand and agree to its terms.
SECTION 2 – WEBSITEUSER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Websiteare protected by U.S. and international copyright, trademark, and otherintellectual property laws, including all content, information, designelements, text material, logos, taglines, metatags, hashtags, photographicimages, testimonials, personal stories, icons, video and audio clips, anddownloads. No material on the Website may be copied, reproduced,distributed, republished, uploaded, displayed, posted, or transmitted in anyway whatsoever. The Wealthy Investor trademark and logo are proprietary marksof Wealthy Investor, and the use of those marks is strictly prohibited. Nothingherein gives you the right to use, copy, register as a domain name, reproduce,or otherwise display any logo, tagline, trademark, trade name, copyrightedmaterial, patent, trade dress, trade secret, or confidential information ownedby Wealthy Investor.
Subject to your continuedstrict compliance with all Terms, Wealthy Investor provides to you a revocable,limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrablelicense to use the Website. You acknowledge and agree that you do notacquire any ownership rights in any material protected by intellectual propertylaws.
If you purchase asubscription to Wealthy Investor software over the Website, Wealthy Investor providesto you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrablelicense to use the software. You acknowledge and agree that: (1) thesoftware is copyrighted material under United States and internationalcopyright laws that is exclusively owned by Wealthy Investor; (2) you do notacquire any ownership rights in the software; (3) you may not modify, publish,transmit, participate in the transfer or sale, or create derivative works fromthe content of the software; (4) except as otherwise expressly permitted undercopyright law, you may not copy, redistribute, publish, display or commerciallyexploit any material from the software without the express written permissionof Wealthy Investor; and (5) in the event of any permitted copying (e.g., fromthe Website to your computer system), no changes in or deletion of authorattribution, trademark, legend or copyright notice shall be made.
You agree not to use orattempt to use the Website, or any software provided by Wealthy Investor,whether alone, or in conjunction with other software or hardware, in anyunlawful manner or a manner harmful to Wealthy Investor. You furtheragree not to commit any harmful or unlawful act or attempt to commit anyharmful or unlawful act on or through the Website or through use of anysoftware or hardware including, but not limited to, refraining from:
A.HARMFULACTS. Any dishonest or unethical business practice; any violation of the law;infliction of harm to Wealthy Investor’ reputation; hacking and other digitalor physical attacks on the Website; and the violation of the rights of WealthyInvestor or any third party;
B. “SPAMMING”AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicitedcommunications. Any communications sent or authorized by you reasonably deemed“spamming,” or any other unsolicited solicitations (including withoutlimitation postings on social media or third-party blogs) will be deemed amaterial threat to Wealthy Investor’s reputation and to the rights of thirdparties. It is your obligation, exclusively, to ensure that all businesscommunications comply with state and local anti-spamming or analogous laws.
C.SENSITIVEINFORMATION. You will not import, or incorporate into, any contact listsor other content you upload to any website, software, or other electronicservice hosted, provided by or connected to Wealthy Investor, any of thefollowing information: social security numbers, national insurance numbers,credit card data, passwords, security credentials, bank account numbers, orsensitive personal, health or financial information of any kind.
We respect your privacy andthe use and protection of your non-public, personal information. Yoursubmission of personal information through the Website is governed by ourPrivacy Statement. Our Privacy Statement may be viewed at www.go.wealthyinvestor.com/privacy. Wealthy Investor reserves the right to modify its Privacy Statement inits reasonable discretion from time-to-time. Our Privacy Statement isincorporated into this Agreement by reference.
SECTION 4 – INFORMATIONYOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTYAGENCY ACCOUNTS
As a Wealthy Investor user,you will be required to create an account with Wealthy Investor. Youwarrant that the information you provide us is truthful and accurate, and thatyou are not impersonating another person. You are responsible formaintaining the confidentiality of any password you may use to access your WealthyInvestor user account, and you agree not to transfer your password or usernameor lend or otherwise transfer your use of or access to your user account, toany third party. So called “agency accounts,” or accounts in which youhost funnels for third parties, are prohibited. Should your usage dataindicate, in Wealthy Investor’ sole and exclusive discretion, that you areoperating an agency account, you will be subject to cancellation of your WealthyInvestor user account or enhanced pricing for your Wealthy Investor useraccount, at Wealthy Investor’ sole and exclusive discretion. You arefully responsible for all transactions with, and information conveyed to, WealthyInvestor under your user account. You agree to immediately notify WealthyInvestor of any unauthorized use of your password or user-name or any otherbreach of security related to your user account. You agree that WealthyInvestor is not liable, and you will hold Wealthy Investor harmless, for anyloss or damage arising from your failure to comply with any of the foregoingobligations. Please see Section 21 below for additional information.
SECTION 5 – ORDERPLACEMENT AND ACCEPTANCE
If you order a service orproduct, payment must be received by us before your order is accepted. Wemay require additional information regarding your order if any requiredinformation was missing or inaccurate and may cancel or limit an order any timeafter it has been placed. Your electronic order confirmation, or any formof confirmation, does not signify our acceptance of your order. You mustcontact us immediately at email@example.com in order to modify or cancel yourpending order. We cannot guarantee that we will be able to amend yourorder in accordance with your instructions.
All items are subject toavailability. We will notify you if any item is not available, theexpected availability date, and may offer you an alternative product orservice. If the availability of any product or service is delayed and youdo not wish to substitute the product or service, upon your request, we willcancel your order and if previously charged, your payment card will be fullyrefunded for that specific order. We reserve the right to limit the salesof our products and services to any person, geographic region, or jurisdiction.We may exercise this right on a case-by-case basis at our sole and exclusivediscretion.
Your purchase order ofproducts and other services is conditioned on you re-affirming your acceptanceof this Agreement.
All advertised prices arein, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good”(for example, a book or other tangible product) from Wealthy Investor or anyrelated brands, you may receive a limited refund if you comply with the followingconditions:
1. Youmust request a refund in writing by contacting firstname.lastname@example.org;
2. Yourrequest for a refund must be made within thirty (30) days of your purchase;
3. Youmust return the hard goods to Wealthy Investor immediately, according to theshipping and other instructions you will receive by email after requesting arefund;
4. Thehard goods must be returned to Wealthy Investor in like-new, or re-sellablecondition, as determined in Wealthy Investor’ sole, reasonable discretion.
SECTION 7 - AUTOMATICENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want tocontinue your subscription after your free trial comes to an end, you must contact us at least 24hours before your free trial period ends by submitting a cancellation requestto us via our support email address email@example.com. If you do not contact us at least 24hours before your free trial period ends to cancel, your subscription willautomatically continue and the payment card that you provided at the time ofenrolment online will be charged the full Wealthy Investor monthly membershipsubscription rate provided at the time of enrollment each month until youcancel. WealthyInvestor can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notifyyou by e-mail and give you an opportunity to cancel.
If you wish to cancel your WealthyInvestor subscription (including subscriptions for services) at any time aftera free trial or discounted period ends, you must submit a cancellation requestto us via our support email address firstname.lastname@example.org. For monthly subscriptions (including subscriptions for services), werequire at least ten (10) days’ notice of cancellation by email. If youprovide such notice less than ten (10) days before the first day of your nextsubscription month, your credit card may still be charged. You will not beentitled to prorate your last month’s use, nor will you be entitled to anyrefund for any payments to Wealthy Investor; Wealthy Investor in its sole discretionmay charge a cancellation fee equal to the amount the subscription wasdiscounted.
Wealthy InvestorContractor’s Book Orders
Please allow 10-14 businessdays to receive your free book.
To receive your order, you must pay a one-time shipping and handling fee of$8.95. A single copy of the Wealthy Investor book is free when youcover the cost of shipping. Additional shipping may apply for rush shipping oradditional products ordered.
I'm so confident that you’ll love my book that I am giving you a 100%Satisfaction GUARANTEE! If you don’t love it, I will refund your shipping andhandling cost and let you keep the book anyway! That’s right. You don’t evenneed to send anything back. Just call customer service and I’ll give you backyour shipping cost - no questions asked.
SECTION 8 –SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Wealthy Investor user isresponsible for paying all sums due to Wealthy Investor in connection withtheir monthly subscription in accordance with these Terms. The first feepayable in accordance with these Terms is due when the user account is set upand payment of the monthly fee is a condition of access, or after your free trialends and you have not canceled the automatic subscription with us. Everycalendar month, your account will be charged the subscription fee plusapplicable tax for the following month’s subscription, together with any otherfees for the following month’s subscription plus any accumulated charges forthe past period (collectively, “Fees”). Failure by the Wealthy Investor userto use any of the services available through the service provided by WealthyInvestor does not relieve the Wealthy Investor user of their paymentobligations under these Terms.
Potential users can pay bycredit card or debit card. Payment details shall be collected by usthrough our secure financial data collection mechanism. You acknowledge andagree that we hold data relating to the transaction, including the last fourdigits and the expiration date of the card used to purchase the products orservices together with details on when payment is due. You furtheracknowledge and agree that payments are due on a recurring basis in accordancewith the payment terms for the specific service purchased (unless thesubscription is cancelled in accordance with these Terms) and thereforeauthorize the automatic payment collection terms applicable to that specificservice (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A WEALTHYINVESTOR USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALIDCREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILLBE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE(MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THETIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO WEALTHYINVESTOR, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING SUPPORT@GO.WEALTHYINVESTOR.COM. AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTIONMONTH.
Wealthy Investor reservesthe right to immediately terminate a user’s account and/or service for anyunpaid (in whole or part) period of the subscription (with or withoutnotice). Termination of service in no way relieves or excuses the userfrom any obligation to pay outstanding charges or expenses. In the event WealthyInvestor starts collection processes of any type, you will be liable for allcollection costs, including legal fees and expenses, as provided in Section 20below.
In addition to any Fees, WealthyInvestor may also charge applicable value added or other tax.
SECTION 9 – SHIPPINGFEES
Unless otherwise stated onthe Website at the time of purchase, if we ship you a physical product, wereserve the right to add applicable shipping and handling fees to yourorder. Unless otherwise stated, we will use commercially reasonableefforts to fulfill your order within a reasonable time after receipt of yourproperly completed and verified order. Accurate shipping address and phonenumber information is required. Although we may provide delivery or shipmenttimeframes or dates, such dates are good-faith estimates and are subject tochange. If your order will be delayed, we will contact you at the e-mailaddress you provided when placing your order. If we are unable to contact youor you would like to cancel your order, we will cancel the order and refund thefull amount charged. We shall not be liable for any loss, damage, cost, orexpense related to any delay in shipment or delivery caused by any third-partycarrier or other delivery service not owned or controlled by us. The riskof loss and title for such items pass to you upon our delivery to any third-partycarrier.
SECTION 10 –PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, andprices are generally posted at the following URL, but are subject to change: www.go.wealthyinvestor.com/terms. Wealthy Investor reserves the right,without notice, to discontinue products or services or modify specificationsand prices on products and services without incurring any obligation to you.Except as otherwise expressly provided for in these Terms, any price changes toyour subscription or purchase of product(s) or services will take effectfollowing email notice to you.
Price changes are effective on thefirst day of the month after the price change is posted. By accessing, using, subscribing,or placing an order over the Website, you authorize Wealthy Investor to chargeyour account in the amount indicated for the value of the services youselect, including any future price changes. If you request a downgrade inservices, the downgrade (and corresponding price reduction) will becomeeffective on the first day of the month following your requested downgrade. Byyour continued use of Wealthy Investor services, and unless you terminate yoursubscription as provided herein, you agree that Wealthy Investor maycharge your credit card monthly for the products and services you haveselected, and you consent to any price changes for such services after e-mailnotice has been provided to you.
Wealthy Investor takesreasonable steps to ensure that the prices set forth on the Website arecorrect, and to accurately describe and display the items available on theWebsite. If the correct price of our product is higher than its statedprice, we will, at our discretion, either contact you for instructions orcancel your order and notify you of such cancellation.
When ordering products orservices, please note that Wealthy Investor does not warrant that product orservice descriptions are accurate, complete, current, or error-free, or thatpackaging will match the actual product that you receive. All sales aredeemed final except as provided in Section 6 of these Terms. Wealthy Investor’descriptions of, or references to, products or services not owned by WealthyInvestor are not intended to imply endorsement of that product or service orconstitute a warranty by Wealthy Investor.
SECTION 11 – IMPORTANTDISCLOSURE
Wealthy Investor is apublisher and education company. You understand that no content published aspart of the Services constitutes a recommendation that any particularinvestment, security, portfolio of securities, transaction or investmentstrategy is suitable for any specific person. You further understand that noneof the creators or providers of our Services or their affiliates will adviseYou personally concerning the nature, potential, value or suitability of anyparticular investment, security, portfolio of securities, transaction,investment strategy or other matter. Accordingly, do not attempt to contactthem seeking personalized investment advice, which they cannot provide. To theextent any of the content published as part of the Services may be deemed to beinvestment advice, such information is impersonal and not tailored to theinvestment needs of any specific person.
You understand that the views expressed in the Services are the authors’ ownopinions. The Services may contain opinions from time to time regardingsecurities mentioned in other Services, and that those opinions may bedifferent from those obtained by using another portion of the Services. Tradingin securities (including, without limitation, stocks, options, ETFs and bonds)involves risk and volatility. Past results are not necessarily indicative offuture performance.
You understand and agree that certain of Wealthy Investor’s affiliates andemployees may, from time to time, have long and short positions in, or buy orsell the securities, or derivatives thereof, of companies mentioned in respectiveServices and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to Wealthy Investor’s investment policy andtherefore the preceding paragraph does not apply to Third-Party Content, WealthyInvestor makes no representations regarding Third-Party Content, nor is WealthyInvestor liable for Third-Party Content.
You understand that performance data is supplied by sources believed to bereliable, that the calculations therein are made using such data, and that suchcalculations are not guaranteed by these sources, the information providers, orany other person or entity, and may not be complete. In addition, pastperformance is not an indication of future results.
From time to time, reference may be made in our marketing materials to priorarticles and opinions we have published. These references may be selective, mayreference only a portion of an article or recommendation, and may not becurrent. As markets change continuously, previously published information anddata may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through thereal-time quote services available to users of certain Services) are delayed.When U.S. exchanges are not open, quotes are only current as of the close ofthe last day of trading. Before selling or buying any investment, You shouldconsult with a qualified broker or other financial professional to verifypricing information.
To the extent any of our Services involves a model portfolio or an actualportfolio of investments, as described below, such portfolio of investments ischosen by the author in accordance with their stated investment strategy. Youractual results may differ from results reported for the portfolio for manyreasons, including, without limitation:
- performance results for the portfolio do not reflect actual trading commissions that You may incur;
- performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
- the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from Wealthy Investor has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
- You may not have the capital to trade as frequently as the portfolio;
- the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
SECTION 12 –TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Wealthy Investor is pleasedto hear from users and customers and welcomes your comments regarding ourservices and products. Wealthy Investor may use testimonials and/orproduct reviews in whole or in part together with the name, city, and state ofthe person submitting it. Testimonials may be used for any form ofactivity relating to Wealthy Investor’ services or products, in printed andonline media, as Wealthy Investor determines in its sole and exclusivediscretion. Testimonials represent the unique experience of theparticipants and customers submitting the testimonial, and do not necessarilyreflect the experience that you and your business may have using our servicesor products. As set forth above in Section 11, your business’ resultswill vary depending upon a variety of factors unique to your business andmarket forces beyond Wealthy Investor’ control. Note that testimonials,photographs, and other information that you provide to us will be treated asnon-confidential and nonproprietary, and, by providing them, you grant WealthyInvestor a royalty-free, worldwide, perpetual, non-exclusive and irrevocablelicense to use them.
Additionally, WealthyInvestor reserves the right to correct grammatical and typing errors, toshorten testimonials prior to publication or use, and to review alltestimonials prior to publication or use. Wealthy Investor shall be underno obligation to use any, or any part of, any testimonial or product reviewsubmitted.
SECTION 13 –DISCLAIMERS OF OTHER WARRANTIES
EXCEPTWHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENTARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OFTITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS ANDWARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THEWEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OROPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANYPRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OREXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F)THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS ANDWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBYDISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify,and hold harmless Wealthy Investor, its officers, directors, employees,owner(s), and parent company(ies) and assigns from and against all claims,demands, and causes of action of every kind and character without limit arisingout of Your conduct. Your indemnity obligation includes, but is not limited to,any third-party claim against Wealthy Investor for liability for payments for,damages caused by, or other liability relating to, You.
SECTION 14 –LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISEINAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL WEALTHY INVESTOR OR ANY OFITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT,SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES,FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACYPOLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USEOF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER WEALTHYINVESTOR HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, ORCLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS,LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES ORPRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGESARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OFCONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OROTHERWISE.
IN NO EVENT SHALL WEALTHYINVESTOR’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3)TIMES THE PAYMENTS PAID BY YOU TO WEALTHY INVESTOR FOR THE MONTH PRECEDING THEDATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST WEALTHY INVESTOR OCCURREDOR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 15 – DISPUTERESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISIONCAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHEREPROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOURBUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDINGCONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOURBUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOURBUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TOAPPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOURBUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS APLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOTCONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF AREPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY INARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES ANDRELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORYDAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration,and arbitrator fees will be governed by the AAA’s Rules. In all otherrespects, the parties shall each pay their own additional fees, costs, andexpenses, including, but not limited to, those for any attorneys, experts,documents, and witnesses.
The arbitrator shall follow thesubstantive law of the State of Nevada without regard to its conflicts of lawsprinciples. Any award rendered shall include a confidential writtenopinion and shall be final, subject to appeal under the Federal ArbitrationAct, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by thearbitrator may be entered in any court of competent jurisdiction.
You and Wealthy Investor agree thatdisputes will only be arbitrated on an individual basis and shall not beconsolidated, on a class wide, representative basis, or with any otherarbitration(s) or other proceedings that involve any claim or controversy ofany other party. You and Wealthy Investor expressly waive any right topursue any class or other representative action against each other.
Failure or any delay in enforcing thisarbitration provision in connection with any particular claim will notconstitute a waiver of any rights to require arbitration at a later time or inconnection with any other claims except that all claims must be brought within1 year after the claim arises (the 1 year period includes the 120-day informalresolution procedures described above).
This arbitration provision sets forththe terms and conditions of our agreement to final and binding confidentialarbitration and is governed by and enforceable under the Federal ArbitrationAct, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination ofyour account or relationship with Wealthy Investor, bankruptcy, assignment, ortransfer. If the class action waiver is deemed unenforceable (i.e.,unenforceability would allow arbitration to proceed as a class orrepresentative action), then this entire arbitration provision shall berendered null and void and shall not apply. If a portion of thisarbitration provision (other than the class action waiver) is deemedunenforceable, the remaining portions of this arbitration provision shallremain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOURBUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE ORJURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVEACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLYAND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCEWITH THIS ARBITRATION PROVISION.
SECTION 16 – WEALTHYINVESTOR’ ADDITIONAL REMEDIES
In order to prevent orlimit irreparable injury to Wealthy Investor, in the event of any breach orthreatened breach by you of the provisions of this Agreement or anyinfringement or threatened infringement by you of the intellectual property of WealthyInvestor or a third-party, Wealthy Investor shall be entitled to seek atemporary restraining order and preliminary and permanent injunctions or otherequitable relief from a court of competent jurisdiction located in Contra Costa County, California restraining suchbreach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Wealthy Investor frompursuing in court any other remedies available to it for such breach,threatened breach, infringement, or threatened infringement, including therecovery of monetary damages from you and your business. You and your businesshereby irrevocably consent to the exclusive personal jurisdiction of, andexclusive venue in, the courts of Contra Costa County, California for all suchclaims, and forever waive any challenge to said courts’ exclusive jurisdictionor venue.
SECTION 17 –INDEMNIFICATION
To the fullest extentpermitted by law, you agree to defend, indemnify, and hold harmless WealthyInvestor, its directors, officers, employees, shareholders, licensors, independentcontractors, subcontractors, suppliers, affiliates, parent companies,subsidiaries, and agents from and against any and all claims, actions, loss,liabilities, damages, expenses, demands, and costs of any kind, including, butnot limited to attorneys’ fees and costs of any litigation or other disputeresolution, arising out of, resulting from, or in any way connected with orrelated to (1) your use, misuse, or attempt to use the Website, software,products, or services, (2) information you submit or transmit through theWebsite, (3) your breach of these Terms, the documents they incorporate byreference, the Agreement, or the representations and warranties provided by youin this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWNPROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe thatmaterials or content available on the Website infringes any copyright you own,you or your agent may send Wealthy Investor a notice requesting that WealthyInvestor remove the materials or content from the Website. If you believethat someone has wrongly filed a notice of copyright infringement against you,you may send Wealthy Investor a counter-notice. Notices and counter-noticesshould be sent to Wealthy Investor, Attention Legal Department, 375 E. WarmSprings Road, Suite 102, Las Vegas, Nevada 89119, or by e-mail to email@example.com. The Terms fully incorporate byreference the DMCA Policy.
SECTION 19 –THIRD-PARTY LINKS
SECTION 20 –TERMINATION
This Agreement will takeeffect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNTNOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “IAGREE” or similar links or buttons, otherwise submit information through the Website,respond to a request for information, begin installing, accessing, or using theWebsite, complete a purchase, select a method of payment, and/or enter inpayment method information, whichever is earliest. If, in our solediscretion, you fail, or we suspect that you have failed, to comply with anyterm or provision of the Agreement or violated any law, whether in connectionwith your use of Wealthy Investor or otherwise, we may terminate the Agreementor suspend your access to the Website at any time without notice to you.Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, aswell as any representations, warranties, and other obligations made orundertaken by you, shall survive the termination of this Agreement and/or youraccount or relationship with Wealthy Investor.
Upon termination, youremain responsible for any outstanding payments to Wealthy Investor.
SECTION 21 – NOWAIVER
No failure or delay on thepart of Wealthy Investor in exercising any right, power or remedy under thisAgreement may operate as a waiver, nor may any single or partial exercise ofany such right, power, or remedy preclude any other or further exercise of suchright, power, or remedy, or the exercise of any other rights, power, or remedyunder this Agreement. A waiver of any right or obligation under thisAgreement shall only be effective if in writing and signed by Wealthy Investor.
SECTION 22 –GOVERNING LAW AND VENUE
This Agreement and anyissue or dispute arising out of or otherwise related to this Agreement or youraccess to or use of the Website, our Privacy Statement. or anymatter concerning Wealthy Investor, including your purchase and use orattempted use of any service or product, shall be governed exclusively by thelaws of State of Nevada without regard to its conflicts of lawsprinciples. To the extent that any claim or dispute is found by thearbitrator or (if proper) a court of competent jurisdiction to be excluded fromthe arbitration agreement in Section 19 above, the parties agree any such claimor dispute shall be exclusively brought in and decided by the state or federalcourts located in Clark County, Nevada, and you hereby irrevocably consent tothe exclusive personal jurisdiction of, and exclusive venue in, such courts,and forever waive any challenge to said courts’ exclusive jurisdiction orvenue. All such claims must be brought on an individual and non-class,non-representative basis, and you forever waive any right to bring such claimson a class wide or representative basis.
SECTION 23 – FORCEMAJEURE
Wealthy Investor will notbe responsible to you for any delay, damage, or failure caused or occasioned byany act of nature or other causes beyond our reasonable control.
SECTION 24 –ASSIGNMENT
Wealthy Investor may assignits rights under this Agreement at any time, without notice to you. Yourrights arising under this Agreement cannot be assigned without Wealthy Investor’(or its assigns’) express written consent.
SECTION 25 –ELECTRONIC SIGNATURE
All information communicatedon the Website is considered an electronic communication. When youcommunicate with Wealthy Investor through or on the Website or via other formsof electronic media, such as e-mail, you are communicating with the companyelectronically. You agree that we may communicate electronically with youand that such communications, as well as notices, disclosures, agreements, andother communications that we provide to you electronically, are equivalent tocommunications in writing and shall have the same force and effect as if theywere in writing and signed by the party sending the communication.
SECTION 26 – CHANGESTO THE AGREEMENT
You can review the mostcurrent version of the Terms at any time at Terms. We reserve the right, at our sole discretion,to update, change or replace any part of the Agreement, including the PrivacyStatement by posting updates and changes to our Website. It isyour responsibility to check our Website periodically for changes. Yourcontinued use of or access to our Website following the posting of any changesto the Agreement constitutes acceptance of those changes.
SECTION 27 – YOURADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby furtherrepresent and warrant: (1) that you are at least eighteen (18) years of age, orthe legal age of majority in your jurisdiction, whichever is greater; (2) thatyou own, operate, and/or have the right to bind the business for which you areusing the Website; (3) have read this Agreement and thoroughly understand andagree to the terms contained in this Agreement; and (4) that you will notresell, re-distribute, or export any product or service that you order from theWebsite. You further represent that Wealthy Investor has the right torely upon all information provided to Wealthy Investor by you, and WealthyInvestor may contact you and your business by email, telephone, or postal mailfor any purpose, including but not limited to (i) follow-up calls, (ii)satisfaction surveys, and (iii) inquiries about any orders you placed, orconsidered placing, on or through the Website.
You further represent andwarrant that there are no prior or pending government investigations orinquiries of, or prosecutions against you, or any business related to you, bythe Federal Trade Commission, any other federal or state governmental agency,or any industry regulatory authority, anywhere in the world, nor any prior orpending private lawsuits against you. If at any time during the life ofthe Agreement you, or any business related to You, becomes the subject of agovernment investigation, inquiry, or prosecution by the Federal TradeCommission, any other federal or state governmental agency, or any industryregulatory authority anywhere in the world, or the subject of any lawsuit, youwill notify Wealthy Investor of the same within 24 hours. WealthyInvestor, at its sole discretion, may terminate the Agreement based on anyinvestigation, proceeding, or lawsuit identified pursuant to this paragraph orotherwise discovered by Wealthy Investor without incurring any obligation orliability to you.
SECTION 28 –SEVERABILITY
If any provision of thisAgreement is found by the arbitrator or (if proper) a court of competentjurisdiction to be invalid or unenforceable, the remaining provisions shall notbe affected thereby and shall continue in full force and effect and suchprovision may be modified or severed from this Agreement to the extentnecessary to make such provision enforceable and consistent with the remainderof the Agreement.
SECTION 29 – ENTIREAGREEMENT
These Terms, the Agreement,and any policies or operating rules posted by us on the Website or in respectto the Website constitutes the entire agreement and understanding between youand your business and Wealthy Investor and governs your access to and use ofthe Website and your ordering, purchasing, and use and/or attempted use of anyservice or product, and supersedes and replaces any prior or contemporaneousagreements, representations, communications, and proposals, whether oral orwritten, between you and Wealthy Investor. We may also, in the future,offer new services and/or features through the Website. Such new featuresand/or services shall also be subject to these Terms, the Agreement, and anypolicies or operating rules posted by us on the Website. Any ambiguities in theinterpretation of these Terms or the Agreement shall not be construed againstthe drafting party.
SECTION 30 –CONTACTING US
We encourage our customersto contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to firstname.lastname@example.org.
If you have any questionsor inquiries concerning any of the Terms, you may contact Wealthy Investor byemail at email@example.com, or by regular mail at 375 E. WarmSprings Road, suite 102, Las Vegas, Nevada 89119.
For additional inquiries, please feelfree to send an email to the relevant address listed below.
Spam or Abuse: firstname.lastname@example.org
For General Support andInquiries: email@example.com
Notices to you may be made by postinga notice (or a link to a notice) on Terms by email, or by regular mail, at WealthyInvestor’ discretion.
SECTION 31 – DATAPRIVACY SHIELD – GDPR
What is GDPR? It isthe EU Data Privacy Shield that becomes effective on February 8, 2023. Itapplies to any person or business that sells or markets goods orservices to EU residents or deals with personal data of those that resideunder European Union. The "PersonalData" definition under GDPR is very broad as it covers anyinformation that could potentially identify the data subject being targeted.
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