Terms of Service

These Terms of Service (“Terms”) govern your use of and access to the Enwealthen (“We” or “Us”) services, including our websites and email communications (“Services”, or the “site”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.  If you do not agree to the terms and conditions contained in the Terms and Privacy Policy, please do not access or otherwise use the Services or any information contained herein.

User’s Acknowledgment and Acceptance of Terms

As used in these Terms, references to our “Associates” include our owners, officers, subsidiaries, and partners, and includes without limitation all parties involved in creating, producing, and/or delivering the Services and Content.

When using Services or Content on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms.  All such rules or guidelines are hereby incorporated by reference into these Terms.

We expressly reserve the right to change these Terms from time to time, at our discretion, without notice to you. You acknowledge and agree that it is your responsibility from time to time to review this site and these Terms and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

Description of Services

We make various services available on this site including, but not limited to, personal finance, and investment information, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including but not limited to, a computer, and Internet access.

We reserve the sole right to discontinue or modify the Services, including any of features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the Services shall also be subject to these Terms.

You understand that no Content published on the site constitutes a recommendation that any particular product, service, security, transaction or strategy is suitable for any specific person.  You further understand that none of the authors, information providers or their Associates are advising you personally concerning the nature, potential value or suitability of any particular product, service, security, transaction, investment strategy or other matter.  To the extent that any Content published on the site may be deemed to be investment advice or recommendations in connection to a particular security, such information is impersonal and not tailored to the investment needs of any specific person.  You understand that any investment is subject to a number of risks, and that discussions of any security or investment published on the site will not contain a list or description of relevant risk factors.

From time to time on the site, reference may be made to prior Content we have published.  These references are likely not current, may be selective, and may reference only a portion of an article or opinion, and should not be relied upon.

The site is not intended to provide legal, tax, personal finance, or investment advice, and nothing on the site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by us or any third party.  You alone are solely responsible for determining whether any investment, strategy, or any other product or service, is appropriate for you based on your personal and financial situation. You should consult a financial advisor, attorney, or other professional service provider regarding your specific situation.

Conduct

Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for your communications through the site. By posting information in or otherwise using the Services you agree that you will not share or otherwise distribute or facilitate distribution of any content that:

  • is unlawful, abusive, defamatory, threatening, tortious, harassing, deceptive, libelous, fraudulent, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;
  • constitutes unsolicited or unauthorized advertising, junk email, any other form of unauthorized solicitation, or any form of gambling;
  • infringes on any copyright, patent, trademark, trade secret, or other proprietary right of any party;
  • harasses, degrades, victimizes, or intimidates an individual or group of individuals on the basis of gender, sexual orientation, religion, age, race, ethnicity, or disability;
  • contains software viruses or any other computer files or programs that are intended to damage or limit the functioning of any software or hardware, or to damage or obtain unauthorized access to any data of any third party; or
  • impersonates any person or entity.

We neither assume any liability for nor endorse any Content uploaded or submitted by third party users of the site.  However, we reserve the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms, or is otherwise objectionable or inaccurate. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of Content. See “Copyright Infringement” below for a description of the procedures to be followed in the event that any party believes that Content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

You may not use your account to breach security of the site, or another account or attempt to gain unauthorized access to another system or network. Not all areas of the site may be available to you. You shall not interfere with anyone else’’s use of the site.  You agree that we may at any time, at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of these provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security of our Services or other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites

This site may link to other sites on the Internet or otherwise include references to information, materials and/or services provided by other parties. These sites may contain material that some people may find offensive or inappropriate. These other sites are not under our control, and you acknowledge that we are not responsible for the legality, accuracy, decency, copyright compliance, or any other aspect of the content of such sites, nor are we responsible for omissions or errors in any references to third parties or their products and services. The inclusion of such a link or reference is provided as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Intellectual Property Information

By accepting these Terms, you agree and acknowledge that all Content presented to you on this site is protected by copyrights, trademarks, service marks or other proprietary rights and laws, and is the sole property of Enwealthen. You are only permitted to use the Content as expressly authorized by us or the specific content provider. Other than copies made under fair use, or for your personal use, you may not reproduce, republish, or distribute any Content from this site in any form or by any means without prior written permission from us or the specific content provider.

Neither we or our Associates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Copyright Infringement” below for the procedures to be followed in the event that any party believes that content posted on this site infringes on any proprietary right of any party.

All custom images, logos, and service names are registered trademarks, trademarks or service marks of Enwealthen or its Associates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Enwealthen or its Associates.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void.

Copyright Infringement

We respect the intellectual property of others, and expect users of the Services to do the same.  We may, in appropriate circumstances, and at our sole discretion, suspend or terminate the access of and/or take other action against users or subscribers who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, or that the site contains links or other references to another location that contains material that infringes your copyright rights, you may notify us by providing the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:

  • a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has 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; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

You may submit this information, or request a direct email address for submission, via our contact form.  Once notice is given to us, we will expeditiously remove, or disable access to, the material.  Enwealthen is not required to notify the individual responsible for the allegedly infringing material before it has been removed.

Disclaimer of Warranties

Your access to and use of the Services or any Content are at your own risk.

You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, ENWEALTHEN DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from Enwealthen or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENWEALTHEN AND ITS ASSOCIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENWEALTHEN AND ITS ASSOCIATES EXCEED THE AMOUNT YOU PAID ENWEALTHEN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ENWEALTHEN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Security

You are solely responsible for safeguarding the password and account that you use to access the Services and for any and all activities, acts or omissions that occur through the use of your password and account. We encourage you to use strong passwords that use a combination of upper and lower case letters, numbers and symbols with your account.  Enwealthen cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Communications

We may make email, comments, forums, or chat services (“Communications”) available to users of our site, either directly or through a third-party provider.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order, or our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (“spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are imperfect, and we are not responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

International Use

Although the Services may be accessible worldwide, we make no representation that Content on this site is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

The Terms will continue to apply until terminated by either you or Enwealthen as follows.

You may end your legal agreement with us at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Enwealthen when you stop using the Services. If you stop using the Services without deactivating your account(s), your account(s) may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

Waiver and Severability

The failure of Enwealthen to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Privacy Policy

Our Privacy Policy is incorporated herein by reference.

Contact Information

If you have any questions regarding these Terms, or notice that any user is violating these Terms, please contact us.