Wavelength Terms of Use Agreement

 

Services on Wavelength’s Website (www.wavelengthfinancial.com) (the “Website”) are provided by Wavelength Financial Education Inc. (“Us”). By accessing the Website, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of the Website (“Member”). If you object to anything in this Agreement, do not access the Website or the services provided by Us (“Services”). The Agreement is subject to change by Us at any time, effective upon posting on the Website. If you use the Services after such posting it will constitute acceptance by you of such changes.

 

Acceptance of Terms of Use Agreement

Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your use of the Services. This Agreement may be modified by Us from time to time, such modifications to be effective upon posting by Us on the Website. This Agreement includes our Privacy Policy, our subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

 

Electronic Form.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

 

Non-Electronic Copy.
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us.

 

Withdrawing Your Consent.
You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.

 

Eligibility.
You must be at least eighteen (18) years of age to register as a Member on your own or use the Website without prior formal agreements arranged by a Sponsoring Entity or a parent or legal guardian. Otherwise your use of the Website and/or Services constitutes your representation that you are at least eighteen (18) years of age. Membership in the Service is void where prohibited or restricted. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

Special Provisions for Use by Minors.

If You are under the age of 18, you many not use the Services or this Website unless a Sponsoring Entity, parent, or legal guardian enters into an agreement with Us to allow minors to use the Services and Website. If a Sponsoring Entity, parent, or legal guardian provides a minor (under 18) with access to use the Services and/or Website, the Sponsoring Entity, parent, or legal guardian providing for such access is responsible for all such uses of the Service and/or Website by the minor regardless of whether specifically authorizing particular uses by the minor.

 

Sponsoring Entity, Parent, Legal Guardian Representations.

If you are a Sponsoring Entity, parent, or legal guardian providing a minor student with access to use the Services and/or Website, you hereby represent and warrant that you are authorized by such student’s parents or guardians to agree to the terms of this Agreement and the Privacy Policy and that you have obtained all parental consents and permissions in connection with the Service required by federal, state, and local law (and all regulations and rules thereunder), including without limitation the Children’s Online Privacy Protection Act and the Family Educational Rights and Privacy Act.

 

Membership and Subscription, Pricing.
You may become a Member of the Services with costs paid to Us by a Sponsoring Entity, after receiving an invitation from a Sponsoring Entity. A Sponsoring Entity is a financial advisory company, a brokerage company, a bank, an insurance company, or similar entity contracted with Wavelength to pay for the cost of your access to Wavelength’s educational content. As a Member, you will have the ability to participate in all of the features and services available within the Services. Your access to the Services and/or Website is personal and only to be used for your personal use. You agree not to share access with other persons or share passwords, entry codes, or other methods of obtaining access to the Services and/or Website. Any unauthorized use, including sharing of access, may result in termination of your access to Our Services and/or Website.

 

Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscriptions at any time, for any reason. If you terminate your membership, your access will be terminated. If your Sponsoring Entity terminates your membership, your access will be terminated. We may terminate your membership and/or subscriptions by sending notice to you at the email address you provide in your registration, or such other email address as you may later provide to Us. All decisions regarding the termination of accounts shall be made in Our sole discretion. We are not required to provide you notice prior to terminating your membership and/or subscriptions. We are not required, and may be prohibited from, disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

Third-Party Affiliates.

Certain services may be provided to the Website by affiliated separate companies. The Website requires all affiliated companies to maintain the confidentiality of all information and conform to Our privacy policy regarding user information.

 

Non-Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavor. Organizations, companies, and/or businesses (other than Sponsoring Entities) may not become Members and should not use the Services or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, “scraping” content from the Website, downloading, saving, framing, copying, transmitting, distributing, or broadcasting the content of the Services, including without limitation via any other website or networked computer environment, unauthorized framing of or linking to the Website, or misrepresenting the origin, source or association of the Website’s services and/or its content, may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with Our permission, which may be revoked at any time, for any reason, in Our sole discretion.

 

Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

Your Interactions with Other Members.
We may provide functionality for interaction between members. If we do, You are solely responsible for your interactions with other Members. You understand that we subject Our Members only to a limited screening. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person.  You should not provide any financial information (for example, your credit card or bank account information) to other Members.

 

Content on Wavelength Website

(a) Proprietary Rights.
We own, control, and retain all proprietary rights in the Website and the Services. The Website contains the copyrighted material, trademarks, software, and other proprietary information (“Intellectual Property”) of Us, and Our licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, broadcast, or sell any such Intellectual Property. The entire contents of the Services (including without limitation all visual content, audio visual content, text (including without limitation, exam and survey questions) (the “Content”), and the arrangement, sequence, structure, and organization of the Services, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. All rights are reserved. You do not acquire any ownership rights by using the Services or downloading material from the Services. “Wavelength Financial Education” and associated logos are trademarks of Wavelength and may not be used without Our express written permission.

 

(b) Reliance on Content, Advice, Etc.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors. Such authors are solely responsible for such content. We take no responsibility for and offer no warranties regarding the reliability or accuracy of such information.

 

The Website is for educational purposes only and does not offer investment advice, nor are we a registered investment advisor and do not purport to tell or suggest which securities customers should buy or sell for themselves. We and all of Our affiliates and Sponsoring Entities assume no responsibility or liability for your trading and investment results based on information provided through our Services and/or Website. Factual statements on Our Website, or in Our publications or modules, are made as of the date stated and are subject to change without notice.

You should not assume that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual investor or investing system published by Us are not indicative of future returns, and are not indicative of future returns which may be realized by you. In addition, the strategies, columns, articles and all other features of Our products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice.

You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.

Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks, service marks, or likenesses of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Us.

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors. Such authors are solely responsible for such content. We take no responsibility for and offer no warranties regarding the reliability or accuracy of such information. Content provided by and through Us may contain information retrieved from third-party sources and is for information purposes only.  We do not represent or endorse the accuracy or reliability of any Content displayed or distributed through Our Online Courses. You acknowledge that any reliance upon any such Content shall be at your sole risk. We reserve the right, in Our sole discretion, to correct any errors or omissions in any portion of the Online Courses.

 

IRS Circular 230 Disclosure – To ensure compliance with IRS requirements, We hereby inform you that any U.S. federal tax advice contained in any communication in the Online Courses is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code, promoting, marketing, or recommending to another party any transaction or matter addressed in the Online Course.

 

Content Posted by You on the Website

 

  1. You are solely responsible for any messages, photos, video, data, profiles, or other user-generated electronic information (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Services, or transmit to other Members. You will not post on the Services, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Us, or another Member, is subsequently discovered by you to be inaccurate, misleading or false, you will promptly notify Us of such change.
  2. You understand and agree that we may review and delete any Content for any reason or even for no reason.
  3. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Us, Our affiliates, Sponsoring Entities, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Us will not infringe or violate the rights of any third party.
  4. All information you include in your Member profile must be accurate, current and truthful.

 

Prohibited Activities.
We reserve the right to investigate and/or terminate your Membership if you or your Sponsoring Entity have misused the Services, or behaved in a way which could be regarded as inappropriate or unlawful.

 

Modifications to Service.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Blocking of IP Addresses.
In order to protect the integrity of the Services, we reserve the right at any time in Our sole discretion to block Members or other Users from accessing the Website from certain IP addresses.

 

Privacy.
Use of the Website and/or the Service is also governed by Our Privacy Policy, User Licenses, and other agreements.

 

Disclaimers.
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether such errors or inaccuracies are caused by Us, by Users, Sponsoring Entities, or Members of the Website, or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website, Member of the Services, or Sponsoring Entities. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users and/or Members or to any other person’s computer or other equipment related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will We or any of Our affiliates, Sponsoring Entities, promoters or distribution partners be responsible for any loss or damage, resulting from anyone’s use of the Website or the Services, any Content posted on the Website or transmitted to Members, or any interactions between Users of the Website, whether online or offline. Any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

 

U.S. Export Controls.
Software from this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Services, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its principles on conflicts of laws, and the law of the United States. Any action to enforce this Agreement shall be brought in the California courts only (federal or state courts).

 

Sole Remedy

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND A REFUND ACCORDING TO OUR REFUND POLICY.

 

 

Indemnity by You.
You agree to indemnify and hold Us, Our subsidiaries, Sponsoring Entities, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

Official correspondence must be sent via postal mail to:
Wavelength Financial Education Inc.

1775 E. Palm Canyon Dr., Suite 110-228

Palm Springs, CA  92264

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

 

 

 

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