a) We may collect your name, email address and other information from you (“Contact Information). We will not share the information you provide with any third party, except:
i) We may provide information in response to any valid legal process, such as subpoenas and court orders, or to establish or exercise its legal rights or defend against legal claims.
b) We may use your Contact Information to contact you about the Website or otherwise.
c) We use third parties to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. We are not responsible for the privacy policies of third party providers and we disclaim all liability arising from any action of any third party provider.
d) We and third parties automatically collect information from your browser when you visit the Website. This information may include your IP address, your browser type and language, access times, cookies, and the referring website address.
2. Intellectual Property
a) Except for those portions of the Website that have been licensed from a third party, we retain all right, title and interest in the Website, the content provided by it and all related documentation, including all applicable rights in patents, copyrights, trademarks and trade secrets.
b) You shall not attempt, assist others in attempting, or allow others to copy, modify, translate, decompile, disassemble, or reverse engineer the Website.
c) You will preserve all proprietary rights notices on the Website and document provided there.
d) Nothing contained in this Agreement grants you the right to use any of the videos, documents, trademarks, logos, domain names, and other distinctive brand features on the Website.
3. Disclaimer and Limitation of Liability
TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY US FEDERAL TAX ADVICE PROVIDED DURING YOUR USE OF THE WEBSITE IS NOT INTENDED OR MADE TO BE USED, AND IT CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN. YOU SHOULD SEEK ADVICE BASED ON YOUR PARTICULAR CIRCUMSTANCES FROM AN INDEPENDENT ADVISOR.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTY THAT (I) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (III) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) WEALTHABILITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES; AND (II) WEALTHABILITY’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WEALTHABILITY OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
You agree to indemnify and hold harmless WealthAbility and its affiliates, officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys and employees from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees that actually or allegedly result from your use of the Website or your breach of any terms or representations, warranties, or covenants contained in this Agreement.
5. Additional Terms
a) The unenforceability of any provision herein will not affect the enforceability of the remaining provisions.
c) Any dispute between you and WealthAbility arising out of or related to this Agreement or the Website shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Phoenix, Arizona. The decision and award of the arbitrators will be final and binding and the award so rendered may be entered in any court having jurisdiction of the matter. All fees and expenses of the arbitrator(s) and all other expenses of the arbitration will be borne by the parties to such arbitration in the manner determined by the arbitrator(s).
d) This Agreement shall be governed in all respects by the laws of the United States and the State of Arizona, except for conflict of laws provisions. You agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney’s fees.