1. THE WEBSITE IS ONLY A VENUE. The Website acts merely as an online resource for you to identify local service providers approved by and associated with Wealth One (collectively, the “Service Providers” and individually, a “Service Provider”). Wealth One is not liable for any delays, inaccuracies, errors or omissions with respect to information posted on the Website or for any damage arising therefrom or occasioned thereby or for the results obtained from the use of such information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Website can change without notice.
2. LINKS. Wealth One and Service Providers may provide links to external websites or resources for your convenience and reference only. Wealth One does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against Wealth One or any Service Provider arising out of your use of external websites or resources.
3. SERVICE PROVIDERS. Wealth One refers to Service Providers via the Website, telephone and e-mail and on our marketing materials. Wealth One receives from Service Providers without any additional cost to you a marketing fee or a similar fee for which Wealth One or its principals are licensed and authorized to collect such fees. Nevertheless, Wealth One is NOT a party to any transaction or agreement you may make with any Service Provider. Wealth One will NOT have any responsibility or liability under any agreement you make with a Service Provider. Wealth One is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Service, including, without limitation, any referrals or recommendations posted on the Website. Wealth One does not endorse, warrant or guarantee the products or services of any Service Provider. Wealth One has no control over the business practices of the Service Providers. You agree to notify Wealth One at firstname.lastname@example.org of any activity on the part of any Service Provider that you believe is fraudulent, deceptive, and misleading. You acknowledge and agree Wealth One shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information by third parties including, without limitation, Service Providers.
4. OWNERSHIP. All of the material included on the Website, including but not limited to text, trademarks, graphics, logos and service marks (collectively, the "Content"), is the property of Wealth One and other parties. U.S. and international copyright laws protect all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WEALTH ONE PROVIDES THE SERVICE ON AN "AS IS" BASIS. WEALTH ONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WEALTH ONE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WEALTH ONE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF YOUR PERSONAL INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. WEALTH ONE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SERVICE PROVIDERS OR OTHER THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEALTH ONE OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WEALTH ONE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WEALTH ONE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
7. LIMITATION OF LIABILITY. WEALTH ONE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WEALTH ONE EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY WEALTH ONE OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER WEALTH ONE OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE SUM OF $1,000.00.
8. INDEMNIFICATION. You agree to indemnify and hold Wealth One, its subsidiaries, members, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the violation of this Agreement by you, or the infringement by you of any intellectual property or other right of any person or entity in connection with your use of the Service.
9. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE WEALTH ONE AND EACH OF THEIR RESPECTIVE OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
10. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. Wealth One may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. Upon termination, Wealth One may remove from the Website and permanently delete and destroy any Content without any prior notice or liability to you or any other person.
11. DISPUTE RESOLUTION (The "Arbitration Clause"). Any dispute between you and Wealth One relating to the Service shall be submitted to binding arbitration in Baltimore, Maryland before a single arbitrator appointed by JAMS (or if such entity no longer exists, then by its successor entity or a similar national organization designed to facilitate alternative dispute resolution proceedings), under the then-existing JAMS Streamlined Arbitration Rules and Procedures as applied to commercial disputes, and the decision of the arbitrator shall be final and binding upon the parties. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WEALTH ONE WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST WEALTH ONE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
12. NOTICES. Except as stated otherwise, any notices to Wealth One shall be given via certified mail to: GTC, LLC d/b/a WEALTH ONE, Attn: Legal Affairs Department, 18200-H Georgia Avenue, Olney, Maryland 20832.
13. GENERAL. The Agreement comprises the entire agreement between you and Wealth One and supersedes all prior agreements regarding the subject matter contained herein. Wealth One may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that certain states and federal regulatory bodies have enacted laws which place restrictions upon marketing activities and this Agreement shall be modified as and when needed to comply with applicable laws and statutes. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship between you and Wealth One or any Service Provider. Wealth One’s failure to act in a particular circumstance does not waive its right to act with respect to that or other circumstances. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement by Wealth One will be effective only if in writing and signed by Wealth One.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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