BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT.
A. Binding Agreement
II. The Website
The “Website” means the YFW internet-based communication interface: www.yourfinancialwisdom.com.
A. No Investment Advice
YFW is NOT a financial advisor. The content is for information purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Northing contained on our Website constitutes a solicitation, recommendation, endorsement, or offer by YFW or any third-party service provider to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.
All content on this Website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. YFW is not a fiduciary by virtue of any person’s use of or access to the Website or its content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Website before making any decisions based on such i information or other content. In exchange for using the Website, you agree not to hold YFW, Granite State Publishing LLC, its affiliates, or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Website.
B. Investment Risks
There are risks associated with investing in securities. Investing in stocks, bonds, exchange traded funds, mutual funds, and money market funds involve risk of loss. Loss of principal is possible. Some high risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.
C. Third Party Likened Sites
As a convenience to you, YFW may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the YFW site. Because YFW has no control over such sites or their content, YFW is not responsible for the availability of such external sites or their content, and YFW does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Site or Content with or without our authorization. YFW does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YFW may, in its sole discretion, block links to the Site and Content without prior notice.
III. Online Purchases; Taxes and Fees
A. Online Purchases
B. Taxes and Fees
You are responsible for determining and paying the appropriate government taxes, fees, and charges resulting from a transaction occurring via the Website. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges.
All third-party fees (such as data usage fees charged by your internet or mobile provider) and compliance with any applicable third-party terms (such as your internet Service provider’s terms of services) are your sole responsibility.
All transactions through the Website are in U.S. dollars
No part of the Website is directed to persons under the age of 17. IF YOU ARE UNDER 17 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.
V. Your Account
You are responsible for your log-in credentials and for keeping your information accurate and private.
You are responsible for any activity resulting from the use of your log-in credentials on the Website.
You represent and warrant that the information you provide to YFW and practitioners upon registering with and usage of the Website and at all other times will be true, accurate, current, and complete.
A. Your Log-In Credentials
To use the Website, you may have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Website and to preserve the confidentiality of your username and password and safeguard any device that you use to access the Website. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF YOUR LOG-IN CREDENTIALS OR ACCOUNT.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify YFW by e-mail at email@example.com. You will be solely responsible for the losses incurred by YFW and others due to any unauthorized use or access of your account.
YFW may communicate with you by e-mail, telephone (texting or calls), push notifications, or posting notices on the Website.
You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us and using the Website on your computer and as installed on your mobile device for Website related purposes (e.g., without limitation, notifying you about services, information on new products or features). If you call us by telephone, we may record the telephone call for quality and training purposes.
A. Text Messages
By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification and other administrative purposes. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
B. Electronic Notices
By using the Website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending an email or text to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
C. YFW’s Content Ownership and Use
YFW owns or has rights to all the content and software we make available through the Website, but you may use it as you use the Website. You may not use our logo, taglines or name without our written permission.
The contents of the Website include: designs, text, graphics, images, video, information, logos, button icons, software, programming, source/computer code, templates, layouts, audio files, and other YFW content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, ” YFW Content”). All YFW Content and the compilation (meaning the collection, arrangement, layout and assembly) of all YFW Content are the property of YFW or its licensors and are protected under copyright, trademark, and other laws.
D. License to You
E. YFW Marks
“Your Financial Wisdom”, “YFW”, the YFW logo, and other YFW logos and product and Service names and taglines are or may be trademarks of YFW or Granite State Publishing LLC (the ” YFW Marks”). Without our prior written permission, and except as solely enabled by any link or code as provided by us, you agree not to display, publish or use the YFW Marks in any manner.
VII. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Website. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights arising or derived from the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation or other consideration to you or participation by you or any other person or entity.
We may own and exploit same in any manner, and you waive all rights therein.
VIII. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
IX. Geographic Restrictions
The owner of the Website is based in the State of New Hampshire in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
X. Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Website or content, consultation and services available on and through the Website.
You agree to use the Website only for its intended purpose and in an authorized manner. You must use the Website in compliance with all privacy, data protection, intellectual property, and other applicable laws and regulations. Without limitation, the following uses of the Website are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, decompile, disable, steal from, or gain unauthorized access to the Website, user accounts, or the technology and equipment supporting the Website;
- frame or link to the Website without permission;
- use data mining, robots, or other data gathering devices on or through the Website;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- pose as a licensed practitioner while using the Website when you are not a licensed practitioner;
- disclose personal information about another person without his/her consent;
- harass or abuse others, or post objectionable material;
- sell, transfer, sublicense, or assign any of your rights to use the Website to a third party without our express written consent;
- use or access the Website if you are (or are employed or engaged by) a competitor of YFW, except with our prior written consent, which we may withhold in our sole discretion and without explanation;
- use or access the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- use the Website in an illegal way or to commit an illegal act in relation to the Website or that otherwise results in fines, penalties, and other liability to YFW or others; or
- access the Website from a jurisdiction where it is illegal or unauthorized.
If you do not act acceptably, we may prohibit your use of the Website.
XII. Disclaimer of Warranties
You use the Website at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS AND INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE INCLUDING FINANCIAL SERVICES AND SUPPLIES IS AT YOUR SOLE RISK, AND THE WEBSITE AND ANY SUCH SERVICES, PRODUCTS, ITEMS AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, SERVICES, INFORMATION OR ITEMS OFFERED BY THE RELEASED PARTIES OR THIRD PARTIES ON OR THROUGH THE WEBSITE, IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WEBSITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR WILL HAVE ANY SPECIFIC RESULTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (INCLUDING AS TO ANY RISK OF CORRUPTION OR DELETION OF ANY DATA OR INFORMATION YOU PROVIDE USING THE WEBSITE), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE WEBSITE OR DATA/INFORMATION (INCLUDING THAT PROVIDED BY YOU) WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
A. Released Parties Defined
“Released Parties” include YFW and its affiliates (including, without limitation, parents and subsidiaries) and their respective owners, officers, directors, managers, employees, agents, partners, licensors, licensees and successors.
We are not liable for anything that happens to you involving the Website. If you use the Website in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties, including those incurred in the proceeding, leading up to the proceeding and for collection on any judgment.
YOU SPECIFICALLY ACKNOWLEDGE THAT YFW SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY THAT THE RISK OF HARM, INJURY, OR DEATH OR OTHER DAMAGE FROM SERVICES RENDERED BY ANY THIRD-PARTY (EVEN IF BOOKED, MARKETED OR LINKED TO OR FACILITATED VIA OUR WEBSITE) IS SOLELY YOUR OWN.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR BY USING THE WEBSITE YOU THEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY RELATED TO ANY USE OF OUR WEBSITE OR THE CONDUCT, MALPRACTICE OR MISCONDUCT OF A USER OR PRACTITIONER.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL SERVICE EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
XIII. General Terms
XIV. Dispute Resolution
A. Mandatory Arbitration
Please read this carefully. It affects user’s rights. You and YFW and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
B. Commencing Arbitration
A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to YFW should be addressed to email@example.com. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or YFW may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
C. Arbitration Proceeding
The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Strafford County, New Hampshire will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. No Class Actions
User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at YFW’s option.
E. Decision of the Arbitrator
F. Equitable Relief
The foregoing provisions of this Dispute Resolution section do not apply to any claim in which YFW seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond, and notwithstanding anything herein to the contrary whatsoever, YFW may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
H. Improperly Filed Claims
All claims user brings against YFW must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, YFW may recover attorneys’ fees and costs up to $10,000, provided that YFW has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at YFW’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Strafford County in the State of New Hampshire will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by YFW . Any other provisions of this agreement which are invalid in their entirety are severable.
XV. Governing Law; Choice of Forum
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to YFW information, services and products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. YFW makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. YFW reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
Effective Date: February 10, 2022
Last Updated Date: February 10, 2022