Terms of Service
Last updated June 14, 2023
Thank you for choosing WealthDocket.com, a website and internet service owned and operated by WealthDocket LLC (“WealthDocket,” “us,” or “we”). The terms by which you may use our website and online service are explained below. By accessing or using www.wealthdocket.com, including any related subdomain (the “Site”), the WealthDocket website, applications, services, and software provided through or in connection with the service via any means or device (the “Service”), you (the “User” or “you”) confirm that you have read, understood, and agree to be bound by this terms of use agreement (the “Terms of Service”), whether or not you are a registered User of our Service. When you use the Site or the Service, you are agreeing to our Terms of Service, so please carefully read the Terms of Service and the Privacy Policy as these documents contain important information regarding your legal rights and obligations.
WealthDocket is a fintech platform facilitating independent connection of Users who are Accredited Investors to issuers of securities related to investments in legal claims. The Terms of Service govern your access to and use of the Service, and you agree to be bound by the Terms of Service along with other terms which may be published on the Site by WealthDocket from time to time, each of which is incorporated by reference. Users should periodically review the Site for changes or additions to the Terms of Service. Please contact WealthDocket or your legal advisor with any questions.
WEALTHDOCKET IS NOT A REGISTERED BROKER-DEALER, INVESTMENT ADVISOR, OR FUNDING PORTAL AND DOES NOT CONDUCT ANY ACTIVITY THAT WOULD REQUIRE SUCH REGISTRATION. Securities are offered through Finalis Securities LLC, a Delaware limited liability company (“Finalis”). Finalis is a securities broker-dealer registered with the US Securities and Exchange Commission and is a member of Financial Industry Regulatory Authority, Inc. Finalis is located at 228 Park Avenue South, Suite 85550, New York, New York 10003. Telephone: (800) 965-3605. Website: www.finalis.com. Finalis’ business continuity plan is linked for your reference.
THIS DOCUMENT, THE TERMS OF SERVICE, IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU WHICH GOVERNS YOUR USE OF THE SITE AND THE SERVICE. YOUR USE OF THE SERVICE AND THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND THE PRIVACY POLICY INCORPORATED HEREIN; AND YOUR REPRESENTATION THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SITE OR THE SERVICE. IF YOU VIOLATE ANY OF THESE TERMS OF SERVICE (WHICH INCLUDE BY REFERENCE WEALTHDOCKET’S PRIVACY POLICY), OR OTHERWISE VIOLATE AN AGREEMENT BETWEEN YOU AND WEALTHDOCKET, WE MAY TERMINATE YOUR ACCESS PRIVILEGES, DELETE YOUR PROFILE AND/OR PROHIBIT YOU FROM USING OR ACCESSING THE SERVICE OR THE SITE (OR ANY PORTION, ASPECT, OR FEATURE OF THE SERVICE OR THE SITE), AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE.
Language of this Agreement
The language of these Terms of Service shall be English. If WealthDocket offers these Terms of Service in other languages in the future, the English version shall always be controlling.
Privacy
By using the Site or the Service, you consent to have your personal data transferred to and processed in the United States. Please review our Privacy Policy.
Eligibility
The Site is intended only for users who are eighteen (18) years of age or older; registration by, access to, or use of the Site by anyone under 18 is unlicensed, unauthorized, and in violation of these Terms of Service. By using the Site or the Service, you represent and warrant that you are 18 or older and that you agree to, and agree to abide by, all of the terms and conditions of these Terms of Service.
Only certain registered, eligible, and authorized users may access the segment of our Service and certain Site pages that permit the viewing of actual investment opportunities or to making investments in securities. Therefore, these segments and pages may not be available in all jurisdictions or to all Users. Full offering details are available only to eligible Users.
Among persons residing in the United States, only accredited investors as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”) with a valid user ID and password (“Accredited Investors”) are authorized to access such services and pages. Under the Securities Act, an Accredited Investor is one with: (i) a net worth of more than $1 million (excluding primary residence); or (ii) gross income for reach of the last two years of at least $200,000 ($300,000 jointly with spouse) and a reasonable expectation of income meeting this threshold in the current year. Investors must provide supporting documents to issuers proving Accredited Investor status to invest under securities rules and regulations. Authorization to invest may entail completion of an Accredited Investor questionnaire and background information screening. You will be prevented from investing in offerings posted on WealthDocket, and WealthDocket will immediately discontinue your use of the service, if you fail to provide any information or documentation requested to confirm your status as an Accredited Investor. You agree to immediately notify WealthDocket in writing of any material changes occurring after your registration that may affect your status as an Accredited Investor.
Persons residing outside the United States may access such investment opportunities only if such access does not violate the laws of their country of residence. The Services and certain pages of the Site that permit the viewing of actual investment opportunities or to making investments in securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would not comply applicable laws, rules, or regulations of any governmental authority, or where WealthDocket or one of its related entities are not authorized to provide such information or services. You acknowledge and agree that it is your sole responsibility to be aware of the applicable laws, rules, and regulations of your country of residence. The content provided on this Site does not constitute an offer or solicitation to sell securities described or referred to on this Site by anyone in any jurisdiction where such offer, solicitation, or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation.
Changes to these Terms of Service and Other Agreements
WealthDocket reserves the right to: change or reissue these Terms of Service; change the Site or the Service; stop providing the Site or the Service; create usage limits for the Site or the Service; or change, correct, or improve the information and materials on the Site at any time, for any reason, and without notice, at our sole discretion. If we do so, we will post the amended Terms of Service on this URL and indicate at the top of the page the date of the last revision. Your use or continued use of the Service or accessing the Site following the posting of any changes to the Terms of Service constitutes your acceptance of those changes. Upon termination of your access to the Site for any reason or no reason or termination of these Terms of Service, you will continue to be bound by these Terms of Service which, by their nature, should survive termination, including without limitation warranty disclaimers, indemnity, ownership provisions, and limitations of liability. Information and materials on the Site may contain typographical errors or inaccuracies. Dated information is published as of its date only, and we undertake no responsibility or obligation to update any such information. You agree that WealthDocket and its subsidiaries and affiliates will not be liable to you or to any third party for any such discontinuance, modification, or suspension.
If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict.
WealthDocket’s Proprietary Rights
WealthDocket owns all right, title and interest in and to the Site and the Service, and all incorporated data, content, and materials, including all words, design, layout, graphics, photos, images, information, materials, documents, data, and databases, including, without limitation, all intellectual property rights therein (“WealthDocket Content”). Subject to the limited rights expressly granted to you under these Terms of Service and the Privacy Policy, WealthDocket reserves all rights, title, and interest in and to the WealthDocket Content, including, without limitation, all related intellectual property rights. WealthDocket’s service marks, logos, and product and service names are owned by WealthDocket. All WealthDocket Content provided to you shall be treated as confidential information and you will not disclose, divulge, share, forward or use for any purpose (other than to inform you investment decisions with WealthDocket), unless such confidential information is known or becomes known to the public in general (other than as a result of a breach of this section by you). You may not access or use the WealthDocket Content in order to build a similar or competitive service or product. You agree not to display, use, or share any of the WealthDocket Content in any manner without WealthDocket’s express prior written permission. We neither represent nor warrant that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with WealthDocket.
In your communications with WealthDocket, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Site or otherwise are deemed User Content and licensed to us as set forth below. In addition, WealthDocket retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. WealthDocket’s receipt of your Unsolicited Ideas and Materials is not an admission by WealthDocket of their novelty, priority, or originality, and it does not impair WealthDocket’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
By posting content on the Site or Service, you automatically grant WealthDocket a non-exclusive, worldwide, perpetual, royalty free license under your intellectual property rights to copy, display, distribute, reformat, index, and commercially use such content. WealthDocket will not compensate you for our use of this content.
User Content and Third-Party Links
The Service may allow you to post, submit, share, and transmit content with other Users. This content may include, but is not limited to, profiles, messages, photos, text, notes, music, video, information, contact information, advertisements, or other content. You are solely responsible for any such content that you publish, upload, display, or provide on or though the Site or the Service, or share with or transmit to other Users (collectively, “User Content”). These Terms of Service prohibit Users from contacting investors, attorneys, plaintiffs, or defendants in any attempt to transact with such persons or entities outside of the Service or for any other purpose.
WealthDocket may, without notice and in its sole discretion, review and delete any User Content including without limitation User Content that in the judgement of WealthDocket violates these Terms of Service, may be illegal or offensive, or may harm, threaten the safety of, or violate the rights of Users or others. WealthDocket undertakes no obligation to conduct such review or deletion.
Your posting User Content to any part of the Site constitutes your automatic agreement to license to WealthDocket the use of such User Content by granting to WealthDocket a non-exclusive, perpetual, irrevocable, and worldwide right to exercise any and all copyright, publicity, and database rights you may have in the information you provide to us, in any media, known or unknown, on a royalty-free basis. We are permitted to sub-license all of your rights pursuant to this license. You may remove your User Content from the Site at any time, but such removal shall not terminate the license granted above, which shall continue in perpetuity.
You are not authorized to disclose personal information posted by other Users, or otherwise use such information for any purpose other than the one contemplated by the Service.
You acknowledge that the Site or the Service may contain links to third-party websites or services that are not owned or controlled by WealthDocket. WealthDocket has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, WealthDocket will not and cannot censor or edit the content of any third-party site. By using the Site and/or the Service, you expressly relieve WealthDocket from any and all liability arising from your use of any third-party website that is referenced or linked on the Site.
Permission to Use Service and Limited License Grant
WealthDocket authorizes you to use the Service in compliance with these Terms of Service subject to requirements that you: (i) will not modify or alter the Service or any part of the Service other than as reasonably necessary to use the Service for its intended purpose; (ii) you will not copy, disclose, or distribute any part of the Service in any medium; (iii) you will not violate any rights of third parties; (iv) you will not engage in Prohibited Conduct; and (v) you will comply with these Terms of Service.
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, personal license to use the Service. WealthDocket reserves all rights not expressly granted herein in the Service and the WealthDocket Content. WealthDocket may terminate this license at any time for any reason or no reason.
You agree that you are solely responsible for all investment decisions and instructions placed in your account. While the Site may provide information, data, or content from third parties or from us covering investment strategies and/or opportunities to buy and/or sell securities, such communications are not legal, tax, investment, or financial advice or a recommendation to invest in any offering posted on the Site. Any decision to invest is made at your own risk and shall be based solely on your own consideration of the risks involved in a particular offering. You agree that you are solely responsible for determining the suitability of an investment strategy or particular investment and accept the risks of such investment decisions carry, which include the risk of losing the entire amount of your investment. We have no fiduciary duty to or special relationship with you and your use of the Services or the Site does not create such a relationship. You agree that you are solely responsible for conducting all due diligence on the opportunities posted on the Site, including accounting, legal, and other diligence. You are strongly advised to consult an investment advisor and licensed legal professional for any tax, legal, insurance, accounting, or investment advice as the site does not provide any such advice or recommendations or provide any due diligence.
By providing WealthDocket with your email address, you consent to our emailing you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also email you other messages, including changes to features of the Service and marketing communications. You may opt out by informing us of your desire to do so. Opting out may prevent you from receiving email messages regarding updates to the Service.
WealthDocket may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in WealthDocket’s sole determination, you violate any terms of these Terms of Service, including any Prohibited Conduct (as defined below). Upon termination for any reason, you continue to be bound by these Terms of Service.
Confidentiality and Non-Circumvention
The Site and the Service contain trade secrets owned by WealthDocket and confidential and sensitive trade secrets and other information of Issuers and plaintiffs involved in legal claims (“Confidential Information”). You agree not to disclose this Confidential Information to anyone other than your attorneys with whom you have an engagement, retainer, or other documentary evidence of an attorney-client relationship in place. You agree not to use Confidential Information for any purposes other than those contemplated by our Services.
Confidential Information under these Terms of Service includes all non-public information, whether conveyed orally or in writing, that: (i) is designated as “Confidential” or “Proprietary” by WealthDocket, an Issuer, a plaintiff, or an attorney at the time of disclosure or within a reasonable period thereafter; (ii) you should reasonably understand is confidential; or (iii) is only available to Users. Confidential Information includes non-public information that WealthDocket, its affiliates, Issuers, plaintiffs, or attorneys make available to Users pertaining to any investment opportunities, including without limitation any analyses, claim charts, evidence of use, reports, compilations, forecasts, studies, notes, memoranda, and any other orally conveyed, written, or electronic materials. Confidential Information also includes, without limitation, information concerning WealthDocket’s business, Service, Site, business policies, business practices, strategic plans, pricing, rates, plans, agreements, work product, settlement agreements, valuations, reports, market comparables, client or attorney memoranda, management systems, and information received from others that WealthDocket is obligated to treat as confidential.
Confidential Information shall not include information which: (i) is or becomes a matter of public knowledge through no fault of yours; (ii) was or becomes available to you on a non-confidential basis from a third party who is not bound by an obligation of confidentiality to WealthDocket in respect of such information; (iii) is required to be disclosed by law; or (iv) was independently developed by you without reference to Confidential Information. If you are required by law to disclose Confidential Information, you must promptly notify WealthDocket in writing, prior to disclosing Confidential Information, so that WealthDocket has an opportunity to seek a protective order or other relief with respect to the Confidential Information.
You agree to retain the Confidential Information in confidence and not to use Confidential Information except as expressly permitted in these Terms of Service. You agree to use at least the same degree of care in maintaining confidentiality as you use in safeguarding your own confidential information, and that this standard of care shall not be less than reasonable care and diligence.
You acknowledge and agree that WealthDocket has incurred significant effort and expenditure to develop and provide the Service. You agree that you may not solicit, encourage, initiate, or engage in negotiations or discussions with any attorney, plaintiff, investor, or other third party that has been introduced to you by WealthDocket during the time you are a registered User of the Service and for two (2) years after you cease to be a User of the Service. WealthDocket may, but is under no obligation to, consent to such negotiations or discussions; such consent will have no effect unless it is express and in writing. These Non-Circumvention Restrictions shall survive any termination of these Terms of Service.
Updates
If any changes occur to your email address, home address, mailing address, or telephone number, you are required to update us so that we may continue to communicate with you about your authorization as a registered User and so that you continue to receive all Disclosures promptly. Notify us of any changes via email, telephone, or mail using the contact information below:
WealthDocket LLC
Attn: General Counsel
532 Marina Bay Drive
Seneca, SC 29672
Telephone: 574-903-1499
E-mail: info@wealthdocket.com
Prohibited Conduct
You may use the Site and the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to:
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Use the Site and/or the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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Use the Site and/or the Service for any commercial purpose whatsoever other than for your personal use, including (without limitation) soliciting other users for investments of any kind, offering or selling any products or services of any kind, and making investment recommendations to other users
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Use the Site and/or the Service to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site and/or the Service, or which, as determined by us, may harm WealthDocket or Users of the Site and/or the Service, or expose them to liability.
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Use the Site and/or the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
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Use any robot, spider, or other automatic device, process, or means to access the Site and/or the Service for any purpose, including monitoring or copying any of the material on the Site.
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Use any manual process to monitor or copy any of the material on the Site and/or Service, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Site and/or Service.
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Site and/or the Service.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site and/or the Service.
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Attack the Site and/or the Service via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Site.
User Disputes
Your interactions with other Users are solely your responsibility. We may monitor disputes between you and other Users, but have no obligation to do so.
Issuers
Accredited Investors may independently connect with private funds (“Issuers”) via the Site. Each Issuer is established for the purpose of investing in a single legal claim or several related legal claims. Responsibility for material posted to the Site by an Issuer is solely the Issuer’s and, by posting such material, each Issuer represents that: (i) such information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary to make such statements not misleading in light of the circumstances under which they are made; and (ii) the Issuer has complied in all material respects with all applicable rules and regulations. WealthDocket is not responsible for verifying or investigating the truthfulness, accuracy, or completeness of such content or offering materials, and makes no representations regarding whether any such content or offering materials are truthful, accurate, or complete. Each Issuer, and not WealthDocket, is responsible for: (i) the determination of whether an investor is an Accredited Investor; (ii) ensuring that its securities offering(s) comply with federal and state law, including without limitation the use of the Site to offer and sell securities; and (iii) whether any investment complies with the applicable exemption from registering the offering with the SEC. You acknowledge that WealthDocket is not obligated to and will not verify or investigate the completeness and accuracy of the offering materials and other information posted to the Site. WealthDocket retains the right, but not the obligation, to cancel, reject, or remove the posting of any securities offerings. WealthDocket’s failure to cancel, reject, or remove securities offerings suspected of violating securities laws does not constitute WealthDocket’s approval or endorsement of such securities offerings. The information provided to you herein shall not be deemed legal advice, and you are strongly advised to consult with your own legal counsel.
Under federal securities laws, Issuers must independently verify a User’s status as an Accredited Investor before accepting a subscription or investment, among other requirements. You agree to cooperate with any requests for information or documentation to support this verification or other requirements.
Securities Offerings
Securities offered on this Site or Service rely on the exemptions of Section 4(a)(2) of the Securities Act and Regulation D and Rule 506 and/or Regulation S promulgated thereunder, and thus have not been registered under the Securities Act of 1933. These securities are sold through private placements and are thus restricted, not publicly traded, and therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has passed upon, approved, or endorsed the merits of any offering on this Site or Service.
The securities offerings posted on the Site allow Users to invest indirectly in legal claims by purchasing securities issued by a single-purpose fund (“Fund” or “Funds”). Each Fund is a separate limited liability company created for the sole purpose of investing in the legal claim(s). WealthDocket Management LLC, our affiliate, manages the Funds in according to the terms of each Fund’s operating agreement. The investment manager generally controls, manages, and conducts the affairs of the Fund, and exercises any management rights negotiated with the company that owns the legal claim(s). Investors in the Fund have no management rights and may or may not have redemption or withdrawal rights depending on the Fund’s operating agreement. Investors in the fund may be charged an administrative fee to cover the actual out-of-pocket costs of the investment fund. This administrative fee is disclosed to the investors at the time of their investment. An investment manager may receive a management fee based on the amount invested in the Fund or other factors. An investment manager may also receive a share of any profit (“carried interest”) after you have achieved certain return thresholds or other criteria set out in the Fund operating agreement. Investors in the Fund receive the benefit of the investment manager’s experience in similar transactions. You must read all offering materials carefully and consult with your investment, legal, and financial advisors.
Issuers represent and warrant that each Fund is structured to qualify as an exempt investment company under Section 3(c)(1) of the Investment Company Act of 1940, as amended (the “Investment Company Act”), which provides an exemption from registration for a private investment company that: (i) has no more than one hundred (100) beneficial owners; and (ii) does not make or propose to make a public offering of its securities. Issuers also rely on apparently available exemptions under securities registration or qualification requirements under applicable state securities laws. No assurance may be made that any offering currently qualifies or will continue to qualify under such exemptive provisions due to, among other factors, the existence of similar offerings in the past or future, a change of any securities law or regulation that has retroactive effect, or the adequacy of disclosure and the manner of distribution. Prior to investing, you must carefully read each Issuer’s offering memorandum and transaction documents for more information and discuss any questions with each Issuer directly. The exemptions relied upon for such offerings largely depend on the accuracy of the representations of Users to be made to the Site and Issuers on the Site in connection with the offering. Should any such representations prove incorrect, the exemptions relied upon by an Issuer in selling the securities may not be available and substantial liability to such Issuer would result under applicable securities laws. These risks are intended to emphasize certain risks associated with investing in securities that are not registered with the SEC, and are non-exhaustive. WE STRONGLY ADVISE YOU TO CONSULT A LEGAL, FINANCIAL, AND TAX PROFESSIONAL BEFORE INVESTING. WE FURTHER ADVISE YOU TO CAREFULLY REVIEW ALL OF THE SPECIFIC RISK DISCLOSURES PROVIDED AS PARTY OF ANY OFFERING MATERIALS AND ASK THE ISSUER ANY QUESTION YOU MAY HAVE.
Securities posted on the Site are suitable for and available to only Accredited Investors who are familiar with and willing to accept the high risks associated with investments in private issuers. These risks include the risk of a complete loss of your investment. Securities sold through private placements are speculative and not publicly traded. Such securities may also be subject to restrictions on resale or transfer, including holding period requirements. Investing in private placements requires a high risk tolerance, low need for liquidity, and long-term commitments. Users must be able to afford to lose their entire investment without the loss impacting their lifestyle or ability to meet their financial objectives. Investment products are not FDIC insured, are not guaranteed by any bank, and may lose value.
Investment overviews on the Site merely summarize investment opportunities, are intended for informational purposes only, and do not purport to be complete. Each is qualified in its entirety by reference to the more detailed information provided in the investor document package associated with such investment opportunity. Information contained on the Site and the Service has been prepared by WealthDocket without reference to any particular user’s investment requirements or financial situation, and potential investors should consult with professional legal, tax, and financial advisors before investing.
Users are prohibited from investing in any offering if they are subject to certain “bad actor” disqualifying events described in Rule 506(d) (“Disqualifying Events”). You represent that you are not subject to a Disqualifying Event and that you agree to promptly notify WealthDocket in writing if any Disqualifying Event is or becomes applicable to you. We are not liable or responsible for making Rule 506(e) disclosures or for determining whether any User is subject to a Disqualifying Event.
All invested funds are held by North Capital (website: www.northcapital.com) which also acts as a third-party payment processor and agent for escrowed funds. North Capital’s terms of use and privacy policy apply to your use of North Capital services.
Fees and Taxes
WealthDocket reserves the right to charge certain fees, as permitted by applicable law, from time to time related to your use of the Site. All fees are subject to change. At any time, fees may be added, removed, revised, or discontinued at WealthDocket’s sole discretion and without any prior notice. Any new fees will become effective immediately, but will not apply to active transactions at the time of their institution.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ANY AND ALL TAXES THAT MAY ARISE AS A CONSEQUENCE OF YOUR ACTIVITIES. YOU SHALL NOT RELY ON WEALTHDOCKET TO REPORT YOUR ACTIVITIES FOR TAX PURPOSES AND IT IS YOUR RESPONSIBILITY TO MAKE SURE YOU ARE IN FULL COMPLIANCE WITH ANY APPLICABLE TAX LAWS.
Disputes and Waivers
You agree that any claim asserted against WealthDocket, or its directors, officers or employees, or any controversy or claim arising out of or relating to the Services, these Terms of Service, the Privacy Policy or other operating rules, policies, and procedures that may be published on the Site (including the question of whether any particular matter is arbitrable under these Terms of Service or concerning the construction, interpretation and effect of these Terms of Service or any claims in these Terms of Service, or the rights and liabilities of a User or WealthDocket), or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The location for any such arbitration shall be in Columbia, South Carolina. Only individuals who are (1) lawyers engaged full-time in the practice and (2) on the AAA register of arbitrators shall be selected as an arbitrator. There shall be one arbitrator who shall be chosen in accordance with the rules of the AAA. In the event of any claim, controversy or alleged dispute between you and WealthDocket, its members or affiliates you hereby agree to attempt in good faith to amicably resolve any such dispute at least thirty (30) days before instituting any legal proceeding.
You agree that any claim by WealthDocket against a User may be brought pursuant to the rules of the AAA or may be adjudicated by a court of competent jurisdiction, either in Columbia, South Carolina, USA, or where the User is located (either the User’s home address or the address of the User’s principal place of business). With respect to the foregoing, the manner of dispute resolution and its venue is at WealthDocket’s discretion and without reference to the choice of laws provisions of any jurisdiction. The User agrees to submit to the personal jurisdiction of the courts located in Columbia, South Carolina, USA. YOU HEREBY WAIVE TRIAL BY JURY.
You agree to waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to these Terms of Service or any matter arising therefrom or relating hereto or thereto.
Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Copyright Complaints
WealthDocket will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Site or the Service, then you may send us a written notice that includes all of the following:
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A legend or subject line that says: "DMCA Copyright Infringement Notice";
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A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
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A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
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Your full name, address, telephone number, and e-mail address;
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A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
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Your electronic or physical signature.
WealthDocket will only respond to DMCA Notices that it receives by mail or email using the contact information below:
WealthDocket LLC
Attn: General Counsel
532 Marina Bay Drive
Seneca, SC 29672
Telephone: 574-903-1499
E-mail: info@wealthdocket.com
It is often difficult to determine if your copyright has been infringed. WealthDocket may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and WealthDocket may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting the Company's other rights, WealthDocket may, in appropriate circumstances, terminate an infringer's access to the Site, the Service, and/or any other website or service owned or operated by the Company.
If access on the Site to a work that you submitted to WealthDocket is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
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A legend or subject line that says: "DMCA Counter-Notification";
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A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
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A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
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Your full name, address, telephone number, e-mail address, and the username of your account;
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A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
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Your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site or Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
The preceding instructions do not constitute legal advice, but are only intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c). It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. WealthDocket may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other violation of intellectual property rights.
Consent to Electronic Transactions and Disclosures
You must consent to transact business with us online and electronically as WealthDocket operates primarily on the Internet. You must satisfy the following computer hardware and software requirements: (i) a web browser which is SSL-compliant and supports secure sessions; (ii) an email account and related software capable of receiving email through the Internet; (iii) hardware capable of running this software; and (iv) access to the Internet.
WealthDocket and/or Finalis, or a third-party escrow provider or servicer that we or Finalis may retain, generally receive all payments and make all disbursements through electronic funds transfers (ACH transfers) using the bank or other financial institution account information you provide to us. By using the Site or the Service, you authorize such bank or account to pay any amounts described herein, and authorize WealthDocket or Finalis, or any such third-party escrow provider or servicer, to make any and all disbursements to such bank or account. You agree to update WealthDocket promptly in writing regarding changes to your bank or other account information should the information earlier provided to us become invalid.
To use the Site or Service, you must also consent to our providing certain disclosures to you electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all communications, notices, documents, contracts, and agreements, including any IRS Form 1099 or other tax forms, schedules, or materials, pertaining to your registration as an investor on the Site, to any investments you may make, to your use of the Service, and the servicing of any investment you may make (each a “Disclosure”), from WealthDocket, Finalis, or any service provider WealthDocket or Finalis may use. It is your decision whether to do business with WealthDocket and Finalis electronically.
Your consent to receive Disclosures and transact business electronically may not be withdrawn so long as you have outstanding investments made through the Site. Your consent will remain effective until the later of: (i) termination of your status as a User; or (ii) such time as all Disclosures relevant to transactions that occurred while you were a User have been made. If you wish to withdraw consent to doing business with us electronically and have no outstanding investments made through the Site, we will terminate your registered User account with us. Your consent applies any transactions to which any Disclosures relate, whether between you and WealthDocket or you and Finalis.
You expressly consent to receiving text messages, including without limitation SMS messages, and calls, including auto-dialed and pre-recorded message calls, from us, our affiliates, agents, marketing partners and others calling at their request or on their behalf, at any telephone numbers that your have provided or may provide in the future, including without limitation cellular telephone numbers. Your cellular or telephone provider will bill you in accordance with your service plan with such provider.
If you are accessing our site and the Disclosures electronically via a mobile device (including without limitation a cellular phone, smartphone, or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the app store. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
Cautionary Note Regarding Forward-Looking Statements
The Site or the Service may include “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act or similar applicable regulation. In many cases, you can identify these statements by forward-looking words such as “anticipate,” “believe,” “envision,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “target,” “potential,” “will,” “would,” “could,” “should,” “continue,” or “contemplate.” These forward-looking statements involve uncertainties and risks as to what may happen in the future and may turn out to be wrong. Such forward-looking statements may include, without limitation, projections of financial performance, statements concerning Issuers’ plans, expectations, and intentions, and other statements that are not historical or current facts. Forward-looking statements are merely predictions based on current expectations about future events, and are subject to known and unknown risks. These statements entail risks and uncertainties that could cause actual outcomes to differ materially from those expressed or implied in such forward-looking statements. You should not rely on forward-looking statements as predictions of future events. WealthDocket undertakes no duty to update any forward-looking statements after the date of publication to conform prior statements to actual results or revised expectations, and we do not intend to do so.
No Professional Advice
YOU AGREE THAT NEITHER WEALTHDOCKET NOR ANY PROVIDERS OF CONTENT ON THE SITE ARE PROVIDING PROFESSIONAL ADVICE TO YOU.
No Representations or Warranties
To the maximum extent permissible under the law, WealthDocket assumes no responsibility or liability for any errors or omissions in the content of the Site. We make no representation or warranty as to the accuracy or completeness of the information provided on the Site, nor as to any Issuer’s compliance with state and/or federal laws, rules, and regulations. WealthDocket has not performed any investigation into any content or information distributed through or accessed via the Site, and does not endorse or represent its reliability or accuracy. WealthDocket shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any information or content distributed through or accessed via the Site is at your sole risk. WealthDocket does not provide any representation, warranty, or assurance that the offerings on the Site are made in accordance with state and/or federal securities laws, including the exemption to the sale of unregistered securities and the prohibition against the general solicitation of unregistered securities. Each Issuer, and not the Site, is responsible for ensuring that any securities offering is conducted in accordance with state laws and regulations as well as federal laws and regulations promulgated by the SEC and Financial Industry Regulatory Authority. We make no representation or warranty regarding the legality or compliance of any offering. WealthDocket has not reviewed all of the links provided on the Site and is not responsible for any content accessed away from the Site. WealthDocket is entitled to rely upon the information provided by you and other Users.
No Warranty and Disclaimers
THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE” BASIS AND USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLIANCE WITH STATE, FEDERAL, OR FOREIGN LAW INCLUDING ANY SECURITIES REGULATIONS. WEALTHDOCKET, AND ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS THEREFROM.
WEALTHDOCKET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE WEALTHDOCKET SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEALTHDOCKET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE DO NOT GUARANTEE THE ACCURACY OF ANY CONTENT POSTED ON THE SERVICE. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS (RELATING TO INVESTMENTS OR OTHERWISE) FROM USE OF THE SITE AND/OR THE SERVICE.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITE AND ANY SERVICES OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY WEALTHDOCKET.
Indemnity
You agree to defend, hold harmless, and indemnify WealthDocket, Finalis, and their respective agents, managers, subsidiaries, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, liabilities, losses, debt, costs, or expenses (including without limitation attorneys’ fees) arising from the items below. WealthDocket reserves the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with WealthDocket in the defense of any such claim, action, settlement, or compromise negotiations.
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Your violation of any terms of these Terms of Service, including without limitation, your breach of any representations;
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Your use of and access to the Site and Service, including any data or content transmitted or received by you;
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Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights;
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Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account;
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Any other party’s access to and use of the Site or the Service with your User name, password, or other access credentials;
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Your violation of any law, rule, or regulation of the United States, any other country, or any state or municipality.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEALTHDOCKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WEALTHDOCKET BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEALTHDOCKET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WEALTHDOCKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS. YOUR EXCLUSIVE REMEDY AGAINST WEALTHDOCKET OR ITS DIRECTORS, OFFICERS AND EMPLOYEES FOR ANY DISSATISFACTION WITH OUR SERVICES, YOUR TRADING EXPERIENCE, OR THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE IS YOUR DISCONTINUATION OF YOUR USE OF THE SERVICE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WEALTHDOCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Assignment
These Terms of Service and any rights and licenses granted therein may not be transferred or assigned by you. These Terms of Service and any rights and licenses granted therein may be assigned by WealthDocket without restriction.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When an Issuer or potential investor registers on the platform, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements.
Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site's electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. WealthDocket shall have a reasonable period to effect such a change and WealthDocket may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WealthDocket's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
No Agency
You agree that no agency, partnership or joint venture relationship, or that of employer to employee or franchisor to franchisee, exists between you and WealthDocket.
Governing Law
You agree that the Site and the Service shall be deemed based solely in the State of South Carolina and that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over WealthDocket, either specific or general, in jurisdictions other than the State of South Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of South Carolina, without respect to conflict of laws principles.
Notification Procedures
WealthDocket may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by WealthDocket in our sole discretion. WealthDocket reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
Entire Agreement and Severability
These Terms of Service, as updated by other legal notices and Terms of Service published by WealthDocket via the Service, shall constitute the entire Terms of Service between you and WealthDocket concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
Miscellaneous
Headings are for the purpose of reference only and in no way modify, amend, or delimit the provisions to which they refer.
Notices under these Terms of Service will be sent to info@wealthdocket.com if to WealthDocket or the Service, and, if to the User, to the Email address provided in the User’s Profile. WealthDocket may also send notice to you by certified mail, return receipt requested, to the address indicated in your User Profile.
Please contact us at info@wealthdocket.com with any questions regarding these Terms of Service.