Terms and Conditions

THE WEALTH POOL

Terms of Service

Effective Date:  March 20, 2019

1. Introduction

Welcome to The Wealth Pool, LLC’s website and software application (the “TWP Site”). These Terms of Service (the “Terms of Service” or “Agreement”) for the TWP Site constitute a legal contract between you, an individual user (“you”), and The Wealth Pool, LLC (“TWP”) regarding your use of the TWP Site, and if you choose to register to receive our services, the provision and receipt of our services. The [TWP Privacy Policy] is hereby incorporated by reference into these Terms of Service.

Before using the TWP Site, please read carefully the following Terms of Service and the TWP Privacy Policy. BY CLICKING “ACCEPT”, REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE TWP SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY.  YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THESE TERMS OF SERVICE AND A COPY OF TWP’S PRIVACY POLICY, ALL AVAILABLE THROUGH THE TWP SITE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OR TWP’S PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE TWP SITE AND YOU MAY NOT USE THE TWP SITE UNTIL YOU AGREE TO THESE TERMS AND TWP’S PRIVACY POLICY.

2. Modification of the Terms

TWP reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time, provided that if such modifications materially limit your rights and/or expand your obligations hereunder, TWP will notify you electronically, such as by e-mail or through the TWP Site. Any such material modifications will take effect on the earlier of the date you indicate your assent (by clicking “Accept”, continuing to use the TWP Site, or otherwise) or 30 days after TWP’s notice of the changes. We expressly reserve the right to make any changes that we deem appropriate from time to time to the TWP Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).  If at any time you disagree with the Terms of Service or any modifications thereof, you shall cease using the TWP Site. Your continued use of the TWP Site after the revised Terms of Service become effective (such as following notice as set forth above) indicates that you have read, understood, and agreed to the revised Terms of Service.

3. Information Only Site

THIS SITE IS INTENDED ONLY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO PROVIDE INVESTMENT, LEGAL, OR TAX ADVICE. PLEASE CONSULT A LEGAL, INVESTMENT OR TAX PROFESSIONAL IF YOU NEED INDIVIDUALIZED ASSISTANCE.

NO COMMUNICATIONS WITH TWP, ITS EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS VIA CUSTOMER SUPPORT, E-MAIL, TELEPHONE OR ANY OTHER MODE OF COMMUNICATION SHALL BE CONSTRUED AS FINANCIAL ADVICE OF ANY NATURE AND SHOULD NOT BE RELIED UPON BY YOU AS FINANCIAL ADVICE.

TWP IS NOT A TAX ADVISOR. INVESTORS SHOULD OBTAIN INDEPENDENT ADVICE ON THE TAX CONSEQUENCES OF THEIR INVESTMENTS.

4. Registration

In order to access the services and features of the TWP Site, you will have to register and create an account. You represent and warrant that the information you provide to TWP upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You agree that TWP may use and disclose your account information and other information you provide hereunder as permitted pursuant to the Privacy Policy.

5. Password

If you register you will be asked to provide a password.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account.  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you must immediately notify TWP at: support@thewealthpool.com. YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY TWP OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

6. Accuracy of Information

Your “Profile” means the information you provide to TWP through the TWP Site regarding your investment goals, preferences, financial situation and other information. Your Profile information is subject to our Privacy Policy.

Our services rely upon the accuracy of your Profile information as you provide it to TWP. You are solely responsible for any errors, omissions or inaccuracies in your Profile data. You agree that we shall have no liability for your failure to promptly inform us of material changes in your financial circumstances which may affect the quality of services provided by TWP to you. TWP shall have no obligation to verify any information provided by you.

We are not responsible for the accuracy of financial data obtained from third-party sites that are displayed or reported through the Website or any of our services. TWP is not responsible for and cannot guarantee the accuracy or timeliness of financial account information we retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide services.

TWP’s provision of services is non-discretionary. We do not and will not have custody over any of your financial assets and do not and will not have any authority to make any investment or purchase any securities on your behalf.  It is in your sole and absolute discretion how and whether to invest your resources.

THE INFORMATION PRESENTED ON THE TWP SITE IS NOT FINANCIAL ADVICE OR A SUBSTITUTE FOR YOUR OWN INFORMED JUDGMENT.  AS BETWEEN YOU AND TWP, YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN FINANCIAL DECISIONS.

7. Retrieval of Financial Account Information

By accessing and using the TWP Site’s services which aggregate third-party financial account transactions and data, you expressly authorize and direct TWP, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship. Subject to our privacy procedures as described in the Privacy Policy, TWP may work with one or more third party financial service technology providers to access and retrieve your financial account information.

FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE FINANCIAL ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT TWP A LIMITED POWER OF ATTORNEY, AND APPOINT TWP AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS FULLY TO ALL INTENTS AND PURPOSES AS YOU COULD DO IN PERSON.

YOU ACKNOWLEDGE AND AGREE THAT WHEN TWP IS ACCESSING AND RETRIEVING FINANCIAL ACCOUNT INFORMATION FROM THIRD PARTY SITES, TWP IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU. You understand that the Website is not endorsed or sponsored by any third party account providers accessible through the Website.

8. Eligibility

You must be at least thirteen (13) years of age to register or otherwise use the TWP Site. By using the TWP Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions of the Terms of Service.

9. TWP Site Access

The TWP Site is controlled and offered by TWP from its facilities in the United States of America and is intended for use only by users within the United States.  TWP makes no representations that the TWP Site is appropriate or available for use in other locations. If you are accessing or using the TWP Site, you do so at your own risk and you are responsible for compliance with applicable law.

10. Fees

The fees for services through the TWP Site are as described on the TWP Site. At the time of subscription you may be asked to provide your credit card, debit card, PayPal, or other such payment information on the TWP Site and may be billed by TWP for services rendered.

All payments will be processed by our third party payment processor. Applicable payments for each month or year are charged to your applicable card or account, as applicable, on the first day of the 30 day or 12 month billing cycle established on the day this Agreement is accepted. Your credit card, debit card, PayPal, or other such payment information will be retained on file by  TWP’s third party payment processor, to the fullest extent permitted by Payment Card Industry Data Security Standards to facilitate the monthly/annual charges for the services. Changes in the fees may take place from time to time upon advance written notice to you 30 days prior to the adjustment. TWP does not offer refunds, whether for partial months/years or otherwise; all payments are final.  TWP may run promotions, surveys, contests or introduce discounts and special offers from time to time, which offers may be subject to additional terms and/or rules.

11. User Supplied Content

You will retain ownership of all content that you provide us and permit us to use. You hereby grant to TWP a worldwide, non-exclusive license to use all comments on social media about TWP, data,  and other information entered by you on the TWP Site as described in our Privacy Policy. By submitting information you are representing that you are entitled to grant rights for this purpose without fees, obligations, or limitations.

12. Intellectual Property

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of TWP or its licensors and Content providers.

13. Prohibited Uses

TWP reserves the right to investigate and suspend or terminate at any time (in TWP’s sole discretion) your use of the TWP Site if you have misused the services or the TWP Site, or behaved in a way that could be regarded as inappropriate or unlawful or illegal.  The following is a partial list of the type of actions that you may not engage in with respect to the TWP Site:

(a) Any use by you of any of the TWP Site or TWP Materials other than for your personal use is strictly prohibited. Except with prior written consent of TWP, you agree not to: (i) reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the TWP Site or non-TWP content obtained through the TWP Site; (ii) use the TWP Site; or (iii) access the TWP Site, in each case for any purpose other than for your personal use.

(b) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the TWP Site, or collect, or attempt to collect, personal information about users or third parties without their consent.

(c) You agree not to interfere with or damage, impair or disable the operation of the TWP Site or any user’s enjoyment of it, by any means, including, uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

(d) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the TWP Site, or features that enforce limitations on the use of the TWP Site.

(e) You agree not to attempt to gain unauthorized access to the TWP Site, or any part of it, or to other accounts, computer systems or networks connected to the TWP Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the TWP Site or any activities conducted through the TWP Site.

(f) You agree not to obtain or attempt to obtain through any means any materials or information not intentionally made available through the TWP Site.

(g) You agree not to modify the TWP Site in any manner or form, or to use modified versions of the TWP Site, including for the purpose of obtaining unauthorized access to the TWP Site.

(h) You agree that you will not use any robot, spider, scraper, or other automated means to access the TWP Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the TWP Site.

(i) You agree not to utilize framing techniques to enclose any trademark, logo, or other TWP materials without our express written consent. You agree not to use any meta-tags or any other “hidden text” utilizing TWP’s name or trademarks without our express written consent.

(j) You agree not to deep-link to the TWP Site and will promptly remove any links that TWP finds objectionable in its sole discretion.

(k) You agree not to use any TWP logos, graphics, or trademarks as part of any link without our express written consent.

(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the TWP Site, which includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the TWP Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(n) You agree not to adapt, translate, or otherwise create derivative works based upon the TWP Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

14. Community Platforms

TWP may provide bulletin boards, chat rooms and other interactive areas for TWP Site visitors to participate in, which we refer to in this Agreement collectively as the “Community Platforms”. Anything submitted in posts by you may be read, collected, and used by others. For example, search engines may index your questions, answers, and other posts to allow them to appear in search engine results. Your chance of maintaining anonymity will be increased if you avoid including your real name or any personally identifying information in your questions, answers, and other posts in the Community Platforms.

You agree to abide by the following guidelines for use of the Community Platforms:

  1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or TWP.
  2. You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
  3. You must keep your comments relevant to the stated topic.
  4. Any conduct that restricts others from using or enjoying the TWP Site is prohibited.
  5. You may not advertise a business or service, unless otherwise expressly permitted by TWP.
  6. Copyrighted material may only be posted with permission of the author, or otherwise as permitted by applicable law.
  7. Harvesting or collecting information about others, including e-mail addresses, is prohibited.
  8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or engage in, facilitate or encourage any illegal activities.

All users of the TWP Site must also follow any other guidelines or rules that may be provided by TWP or posted on the TWP Site from time to time. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Service, will result in, among other possible action, the immediate termination of all privileges to post content to or otherwise interact with the Community Platforms. Please report any violations of these guidelines to TWP, as provided for in the “Contacting Us” paragraph of this Agreement.

You and other users of the TWP Site are solely responsible for the contents and consequences of the messages you communicate or post on the TWP Site (including but not limited to, on the Community Platforms).  Although TWP is not obligated to monitor content or the accuracy of information, you acknowledge and agree that TWP, in its sole discretion, has the right to monitor, without notice, any of your content or information posted in the Community Platforms.  TWP also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s right to use the TWP Site, for any reason.

15. Promotional and Other Information

(a) We may make information regarding specific programs, offers or promotions, which we are conducting, available on the TWP Site.  Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the TWP Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the TWP Site in connection with each program, offer or promotion.

(b) The TWP Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the TWP Site, and to the products and programs described therein on the TWP Site at any time without notice, including after confirmation of a transaction.

16. Third-Party Intellectual Property Rights

If you believe that your intellectual property rights have been infringed or otherwise violated by any user of the TWP Site, you must provide us the following information, pursuant to Section 512 of Title 17 of the United States Code:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) a description of the copyrighted work or works that you claim have been infringed;

(c) a description of the allegedly infringing material, including its location on the TWP Site;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TWP’s Copyright Agent for notice of claims of infringement is: legal@thewealthpool.com.

TWP assumes no liability or responsibility for any third party content or material of any kind that is submitted for or posted on any area of the TWP Site. TWP is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

17. Security

TWP takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from its TWP Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.  You are responsible for maintaining the confidentiality of any information about you. You agree to notify TWP immediately if you discover loss or access to such information by another party not under your control and supervision.

18. Service Availability

TWP may make changes to or discontinue any of the media, web communities, products, or services available within the TWP Site at any time, and without notice.  The information, media, products, or services on the TWP Site may be out of date, and TWP makes no commitment to update information or materials on the TWP Site.

TWP has no control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While TWP. takes every reasonable action to make sure that the TWP Site remains fully functional and up to date, there may come a time where the TWP Site is unavailable, for any reason or no reason, including for routine maintenance. Due to circumstances either in our control or not in our control, access to the TWP Site may be interrupted, suspended, or terminated. TWP retains the right, in its sole discretion, to deny access to part or all of the TWP Site to anyone, at any time and for any reason.

19. User Disagreements

You are solely responsible for your involvement with other users of the TWP Site. TWP reserves the right, but has no obligation, to monitor disagreements between you and other users. TWP disclaims all liability related to any user disagreement.

20. Restrictions of Access

You agree that TWP, in its sole discretion and for any or no reason may terminate any account (or any part thereof) you may have through the TWP Site or your use of the TWP Site, and remove and discard all or any part of your account, at any time. You agree that your access to the TWP Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that TWP shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies TWP may have at law or in equity.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the TWP Site. You may not access the TWP Site after your access is terminated without our written approval. After terminating your access, TWP will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

21. Indemnification

You agree to indemnify and hold harmless TWP, and its affiliates or any related companies (including those which share substantially common ownership), and the equity holders, officers, directors, employees, and agents of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of: (i) your use or misuse of the TWP Site and/or TWP Materials; (ii) your violation of these Terms of Service; (iii) your violation of the rights of any other person or entity; (iv) your breach of the representations, warranties, and covenants set forth in these Terms of Service; and (v) any unauthorized use of your account not caused by a breach of TWP security.  TWP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TWP. TWP will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

22. Third-Party Websites

The TWP Site may link to, or be linked to, other websites not maintained by or related to TWP.  Such links are provided only as a service to our visitors. TWP is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on the TWP Site.  TWP has not reviewed such other websites and is not responsible for the content, accuracy, policies or actions of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on such sites. You should review the terms of use of any website to which you navigate.

23. Disclaimer

The use of this TWP Site by you is at your sole risk. ACCORDINGLY, THE TWP SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, TWP AND ITS CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS TWP SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS TWP SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS TWP SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE TWP SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE TWP SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.  

24. Limitation of Liability

(a) In no event will TWP, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the TWP Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the TWP Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

(b) Under no circumstances will TWP or our Representatives be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the TWP Site or the Content, or the transmission of information to or from the TWP Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of TWP and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

(c) Without limiting any of the foregoing, if TWP or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the TWP Site, or your use of the TWP Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

25. Limitations by Applicable Law

(a) Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.  The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws applicable to these Terms of Service and your use of the TWP Site and TWP Materials.

(b) You acknowledge and agree that TWP has offered its products and services and entered into these Terms of Service in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and TWP, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and TWP. You acknowledge and agree that TWP would not be able to provide the TWP Site to you on an economically reasonable basis without these limitations.

26. Arbitration

PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) We are available by email at support@thewealthpool.com to address any concerns you may have regarding our use of the Content.  Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(b) If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 26(a) above, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability), the parties’ relationship with each other and/or our use of the Content shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

(c) THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879.  TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST.  A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA.  IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

(d) THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.

(e) CLASS ACTION AND CLASS ARBITRATION WAIVER.  THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 26(b) SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

27. Miscellaneous

(a) When you visit the TWP Site you are communicating with TWP electronically. You consent to receive communications from TWP electronically. Although TWP may choose to communicate with you by regular mail, TWP may also choose to communicate with you by e-mail, voice or by posting notices on the TWP Site. You agree that all agreements, notices, disclosures and other communications that TWP provides to you electronically satisfy any legal requirement that such communications be in writing. TWP may provide you with notices, including those regarding changes to these Terms of Service, by e-mail, regular mail, or postings on the TWP Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after posting to the TWP Site, or e-mail is sent, unless TWP is notified that e-mail address is invalid, and if through postal mail, three days after the date of mailing. You may provide TWP with notices to the address indicated below.

(b) These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.  Subject to the terms of Section 26, the parties agree that the federal and state courts in Cook County of Illinois will have exclusive jurisdiction and venue under this Agreement, and each party hereby agrees to submit to such jurisdiction exclusively.  

(c) A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of a party to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

(d) If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

(e) The Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you without TWP’s written authorization.  TWP may freely assign these Terms of Service. Any assignment attempted to be made in violation of these Terms of Service shall be void.

(f) You acknowledge that you had the opportunity to discuss these Terms of Service with and obtain advice from legal counsel, have had sufficient time to, and have carefully read and fully understand all the provisions of these Terms of Service, and are knowingly and voluntarily agreeing to these Terms of Service. Therefore, the parties waive the application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement will be construed against the party drafting such agreement. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof. The words “include” and “including” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”

(g) These Terms of Service (including the Privacy Policy) are the entire agreement between you and TWP relating to the subject matter hereof and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

(h) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

(i) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this TWP Site.

(j) These Terms do not confer any rights, remedies, or benefits upon any person other than you.

(k) Possible evidence of use of the TWP Site for illegal purposes will be provided to law enforcement authorities.

(l) If you are dissatisfied with the TWP Site or have a complaint regarding any user of the TWP Site, please let us know at: support@thewealthpool.com. Your input is valuable to us and we take your complaints seriously. If, based on your complaint and our independent investigation (which we may take in our sole discretion), we feel there is a problem with a user of the TWP Site, we reserve the right to terminate any such user at any time at our sole discretion, as set forth in Section 20.  Your only remedy with respect to any dissatisfaction with (i) the TWP Site, (ii) any term of these Terms of Service, (iii) any policy or practice of TWP in operating the TWP Site, or (iv) any content or information transmitted through the TWP Site, is to terminate these Terms of Service and your account by immediately ceasing use of the TWP Site.  You may terminate these Terms of Service at any time by closing your account and discontinuing your use of any and all parts of the TWP Site and providing written notice of termination to TWP.

28. Contacting Us

If you have any other questions or concerns regarding these Terms of Service, please contact us at:

The Wealth Pool, LLC
222 W. Merchandise Mart Plaza

Suite 1212

Chicago, IL 60654

support@thewealthpool.com

29. Acknowledgement

BY ACCESSING AND USING THE TWP SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.