Wealth PFM LLC (“Wealth”) is please to provide you with the following Terms of Service (the “Terms” or the “Agreement”). This Agreement was published October 15, 2020.
This Agreement, together with the Wealth Privacy Policy, forms the terms and conditions for accessing the Wealth Site or Wealth Service (both defined below) between you (referred to as "you," "your," "user," or "member") and Wealth PFM LLC (referred to as "Wealth," "we," "us," and "our"); and where there are joint references, may be referred to as the “Parties.” These Terms apply to your use of the Wealth Services described below and for visitors to the Wealth website (“Site”).
1. Accepting the Terms
If you wish to make use of the Wealth Services by becoming a paid subscriber, you must read this Agreement and indicate your acceptance during the registration process. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Wealth Services, you agree to be bound by these Terms and the Wealth Privacy Policy. If you do not agree to this Agreement, please stop using the Wealth Services and do not remain on this website.
You may not use any of the Wealth Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these Terms or are not at least 16 years of age and, in any event, of a legal age to form a binding contract.
2. Privacy and your Personal Information
You can view the <Wealth Privacy Policy> here and on the Wealth website. You agree that Wealth may use and maintain your data according to the Wealth’s Privacy Statement, as part of the Wealth Services. We may also share your data and information, either in aggregate or personally identifiable form, in the ways described in the Wealth Privacy Policy.
For the purposes of the California Consumer Privacy Act (“CCPA”), Wealth shall be considered a Third Party. As such, you represent, warrant and covenant that all Personal Information (as defined in the Wealth Privacy Policy) provided or otherwise made available to the Wealth Services is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate consents and rights, to enable Wealth to (i) share any and all Personal Information you provided with Wealth’s Aggregators, as defined below, to access third party sites and (ii) use any such Personal Information in connection with Wealth’s internal operations and functions, including, but not limited to, improving Wealth Services.
3. Description of the Wealth Services
Wealth provides online services for professional financial managers to consolidate and track financial information from a multitude of third parties for one or more clients (the “Wealth Services”). The Wealth Services are available for limited trial use by users approved in advance by Wealth or by paid subscription. The Wealth Services are not intended to provide financial planning, tax, or legal advice and Wealth does not provide any legal, financial, investment accounting, tax, or other professional advice.
4. License and Site Access.
We grant you a limited license to access and make personal use of the Site, and if you are a trial or paid subscriber, to make personal or business use of Wealth Services. No other rights are granted. You may not download (other than page caching), copy, or modify any portion of the Site or Wealth Services unless we give consent in writing. The following things are all prohibited: (a) resale or transfer or commercial use of the Site or its contents, (b) any derivative use of this Site or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. By using the Site, you warrant that you will not use the Site or Wealth Services, or any of the content obtained from the Site or Wealth Services, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Terms, your permission to use the Site automatically terminates.
5. Account Information from Third Party Sites
Users may direct Wealth to retrieve information maintained online by third parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Wealth works with one or more online service providers to access this Account Information (“Aggregators”). Wealth does not review the Account Information for accuracy, legality or non-infringement. Wealth is not responsible for the Account Information or products and services offered by or on third-party sites. Be aware that you are subject to the terms and conditions and privacy policies of third parties when you access their sites.
Wealth cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. Wealth cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings. Your sole and exclusive remedy for any failure or non-performance of the Wealth Services, including any associated software or other materials supplied in connection with such services, will be for Wealth to use commercially reasonable efforts to effectuate an adjustment or repair of the Wealth Services.
6. Your Registration Information and Electronic Communications
In order to allow you to use the Wealth Services, you will need to sign up for an account with Wealth. We may need verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further personal information and/or requiring you to take steps to confirm ownership of your email address or verifying information you provide through other sources. If you do not provide this information or Wealth cannot verify your identity, we can refuse to allow you to use the Wealth Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Wealth Services. The username and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address or mobile number, you consent to receive all required notices and information. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Your consent to receive communications electronically is valid until you end your relationship with us.
If you believe that your Registration or Account Information or device that you use to access the Wealth Services has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately to prevent possible losses.
7. Your Use of the Wealth Services
Your right to access and use the Site and the Wealth Services is personal to you and your entity and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Wealth Services for lawful purposes. Accurate records enable Wealth to provide the Wealth Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites and you may not misrepresent your Registration and Account Information. In order for the Wealth Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Wealth Services will be affected. You represent that you are authorized and are a legal owner of or have all necessary permissions including any necessary agent rights or powers of attorney, to provide us with all Registration and Account Information and other information necessary to facilitate your use of the Wealth Services.
8. Electronic Alerts
Wealth may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
You understand and agree that any alerts provided to you through the Wealth Services may be delayed or prevented by a variety of factors. Wealth may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Wealth will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or via text message to the mobile number you have provided for Wealth Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Changes to your email address and mobile number will apply to all of your alerts.
9. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, and other log-in information, to Wealth through the Wealth Services, you are licensing that content to Wealth for the purpose of providing you the Wealth Services. Wealth may use and store the content in accordance with this Agreement and the Wealth Privacy Policy. You represent that you are entitled to submit it to Wealth for use for this purpose, without any obligation by Wealth to pay any fees or be subject to any restrictions or limitations. By using the Wealth Services, you expressly authorize Wealth and its Aggregators to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. You hereby authorize and permit Wealth to use information submitted by you (“Third-Party Credentials”) to accomplish the foregoing and to configure the Wealth Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Wealth Services, you grant Wealth a limited power of attorney, and appoint Wealth as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WEALTH IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WEALTH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.
You agree that you are solely responsible for keeping your Third-Party Credentials safe and secure, and preventing unauthorized access to your account. We cannot assist you with Third-Party Credentials’ support; you must contact the relevant third parties directly. We and our Aggregators may deny access to Wealth Services (or any part thereof) if we believe that any loss, theft, or unauthorized use of Third-Party Credentials has occurred. You agree that neither Wealth nor our Aggregators are responsible for the security of your third-party Credentials.
10. Payments and Subscriptions.
Payments will be billed to you in U.S. dollars. You must pay via a valid credit or debit card, via electronic debit from a checking or savings account, or another payment option offered at the time of purchase. If your payment or registration information is not accurate, current, and complete, we may suspend or terminate all licenses and refuse any further use of Wealth Services. Additional payment terms may be provided to you at the time of purchase.
11. Copyright
Excluding any content that you may provide, you are aware that all copyright and any other intellectual property rights in the Site and Wealth Services and its content are owned by Wealth or Wealth’s Aggregators. Wealth and its Aggregators reserve all rights not granted in these Terms. You may not modify the Site information in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with any information from the Site.
12. Access and Interference
You agree that you will not:
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Wealth Services; or
- Attempt to gain unauthorized access to any portion of the Wealth Services; or
- Restrict or inhibit any other user from using and enjoying the Site or Wealth Services; or
- Post or transmit any content (whether to the Site or in the Wealth Services) that would falsely represent your identity or that would cause a breach of any individual's privacy; or
- Post or transmit (whether to the Site or in the Wealth Services) any information or software which contains a virus, Trojan horse, worm or other harmful component.
13. Disclaimer of Representations and Warranties
THE SITE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND WEALTH SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WEALTH AND ITS AGGREGATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE WEALTH SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEALTH SERVICES IS AT YOUR SOLE RISK.
NEITHER WEALTH NOR ITS AGGREGATORS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE WEALTH SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WEALTH NOR ITS AGGREGATORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEALTH SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Limitations on Wealth’s Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WEALTH NOR ITS AGGREGATORS IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SITE AND/OR WEALTH SERVICES, EVEN IF WEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WEALTH’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID WEALTH FOR WEALTH SERVICES IN THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THIS LIMITATIONS OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WEALTH AND YOU AND WEALTH WOULD NOT HAVE PROVIDED THE WEALTH SERVICES WITHOUT SUCH LIMITATIONS.
15. Indemnification
You shall defend, indemnify and hold harmless Wealth and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Site or your use of the Wealth Services.
Wealth shall, at its expense, indemnify, defend, and hold you, your officers, employees, and agents, harmless from and against any actual or alleged claims, losses, costs, damages, liabilities, or expenses (including reasonable attorneys’ fees) claimed or made by any third party arising out of or relating to Wealth’s infringement or misappropriation of the intellectual property rights of any third party in connection with its provision or your use of the Wealth Services.
16. Termination
This Agreement will continue to apply until terminated by either you or Wealth as set out below or in accordance with your purchase terms.
Wealth may at any time, terminate its legal agreement with you and access to the Wealth Services:
- if you have breached any provision of this Agreement;
- if Wealth in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
- for any reason and at any time with notice to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Wealth may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Wealth Services by you. Further, you agree that Wealth will not be liable to you or any third party for any termination of your access to the Wealth Services.
17. Modifications
Wealth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Wealth Services with or without notice. In such event, if you are a paid user, Wealth will provide notice to you in advance. If you do not agree to the changes after receiving a notice of the change to the Wealth Services, you may stop using the Wealth Services. Your use of the Wealth Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Wealth will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Wealth Services.
18. Governing Law and Forum for Disputes
This Agreement shall be governed in all respects by Washington law, excluding any conflict of laws principles that would require the application of the laws of another jurisdiction. The Parties hereby submit to the personal jurisdiction of the state and federal courts in the state of Washington.
The Parties agree to try and resolve any disputes first by working together in good faith through open communications prior to invoking any of the resolution process outlined in this section. Except for a claim of infringement or misappropriation of Wealth’s intellectual property, any and all disputes between the Parties arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to you use of the Site or Wealth Services. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, the Parties must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in King County, Washington. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in King County, Washington. Notwithstanding the foregoing, Wealth may seek injunctive or other equitable relief to protect its intellectual property in any court of competent jurisdiction.
19. Severability
If any one or more provisions of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
20. Entire Agreement
This Agreement, together with the Wealth Privacy Policy, constitutes the entire agreement between the Parties and supersedes any prior, collateral or contemporaneous negotiations, representations and agreements oral or written agreement, between the Parties with respect to the subject matter hereof. The paragraph headings and captions used in this Agreement are included merely for convenience of reference and are not to be considered part of, or to be used in the interpretation of the Agreement.
