What You Will Learn About Contact

WAI TERMS OF SERVICE

 

Last Updated: January 1, 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

Wealth Agent Institute, LLC (“WAI,” “we” or “us”), provides products, services, content and features through the website https://www.wealthagent.com and related websites owned by us, if any (the “WAI Site”) and, now or in the future, through mobile or device applications (an “App” or “Apps,” where, if no Apps currently exist, such terms herein exclusively applicable to Apps shall be of no current force or effect, and such terms exclusively applicable to Apps shall apply and automatically come into force and effect when, and only when, such Apps exist and at all times thereafter) and WAI-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). The WAI Site and Apps, along with the WAI-controlled social media pages, are collectively called the “WAI Service” or the “Services.” By registering as a member or by visiting, browsing, or using the WAI Service in any way, and having your usual residence in the US or Canada, you (as a “user”) accept and agree to be bound by these Terms of Service (the “Terms”), which form a binding agreement between you and WAI.

You should carefully review our Privacy Policy before registering as a member or placing an order for products or services through the WAI Site or Apps (see Section 9). Certain other elements of the WAI Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the WAI Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

BY REGISTERING AS A MEMBER, USING THE SERVICES, PLACING AN ORDER FOR PRODUCTS OR SERVICES OR BY VISITING, BROWSING, OR USING THE WAI SERVICE IN ANY WAY, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT REGISTER AS A MEMBER, USE THE SERVICES OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM WAI IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT YOURSELF THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH WAI OR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES APPLICABLE LAW.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION (t)). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION (t) BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND WAI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1.  WAI Eligibility Requirements.
    • 1.1. Membership Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a WAI Membership and become a Member (as defined in the Membership Terms
    • 1.2. Restrictions and Responsibilities. We may, in our sole discretion, refuse to offer the WAI Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the WAI Service is revoked where these Terms or use of the WAI Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the WAI Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third-party.
  2.  License to Use the WAI Service.
    • 2.1. License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the WAI Service, WAI grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the WAI Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the WAI Service and the right to download one copy of an application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by WAI’s Intellectual Property and DMCA Policy, which form a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or WAI.
    • 2.2. Restrictions. Except as expressly permitted in writing by an authorized representative of WAI, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the WAI Service, nor will you take any measures to interfere with or damage the WAI Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the WAI Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by WAI in these Terms are reserved.
  3.  Privacy.

Please review the Privacy Policy to learn about:

  • (a) What information we may collect about you;
  • (b) What we use that information for; and
  • (c) With whom we share that information.
  1.  Membership Requirements, Registration.
    • 4.1. Membership. To access the Content and features of the WAI Service available to Members as WAI may from time to time designate, you must purchase a Membership and register as a Member, as set forth in the Membership Terms.
    • 4.2. Profile Information and Picture. You may not use someone else’s name or any name, location, or other public profile information, or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable (in WAI’s sole discretion).
    • 4.3. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the WAI Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
  2.  Membership Structure and Fees.

Membership structure and the Membership Fee are as set forth in the Membership Terms. Features and prices are subject to change at WAI’s discretion and effective upon notice by posting to the WAI Site or other form of notice. WAI may provide information on its then-current Membership requirements on the WAI Site and/or by other means through the WAI Service.

  1.  Sale of Services, Memberships and Payments.

WAI accepts orders for Memberships (as defined in the WAI Membership Terms) that we may offer through the WAI Site. Orders for Memberships, and gift, promotional or similar Memberships, whether for you or a third-party recipient, are subject to additional terms and conditions, including the Membership Terms and all other communication provided to you and/or the third-party recipient, whether on WAI Site or in any acknowledgement of receipt or other email relating to your purchase of a Membership, Activation Code, or gift, promotional or similar Membership. Gift, promotional or similar Memberships, have no cash value or property value. Gift, promotional or similar Memberships cannot be assigned, transferred, purchased or sold, redeemed for cash or credit or any other monetary value or currency, or used to pay debts by the recipient. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the WAI Site or to your email address after your payment has been processed.

  1.  Termination; Account Deletion.
    • 7.1. Term. These Terms begin on the date you first use the WAI Service and continue as long as you have an account with us and/or continue to use the WAI Service.
    • 7.2. Termination. WAI may, in WAI’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if WAI determines that you have violated these Terms or that your conduct or User Content would tend to damage WAI’s reputation or goodwill. WAI may block your access to the WAI Service to prevent re-registration.
    • 7.3. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by WAI will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section (l)), No Warranties (Section (o)), Limitation of Liability (Section (p)), Safety Warnings (Section (q)), Intellectual Property (Section (r)), Arbitration Requirement & Class Action Waiver (Section (t)), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and WAI is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Membership or it is terminated for any reason, you will lose access to all Content and other features provided through the WAI Service. WAI, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
  2.  User Content.
    • 8.1. Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the WAI Service. “User Content” means any content that users (including you) provide to be made available through the WAI Service. Content includes, without limitation, User Content.
    • 8.2. Responsibility. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the WAI Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the WAI Service.
    • 8.3. Representations, Waivers, Grant of Rights and License. As between you and WAI, you represent that you own (or have all rights necessary to grant WAI the rights below to) all User Content that you submit to the WAI Service and that WAI will not need to obtain licenses from any third-party or pay royalties to any third-party in order to use such User Content. You grant WAI a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the WAI Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to WAI or through the WAI Service about improving or adding new features or products to the WAI Service or you otherwise provide feedback, product or service reviews, or testimonials, you hereby grant to WAI a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
    • 8.4. Removing Your Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the WAI Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
  3.  Rights and Terms for Apps (Effective Upon Release of Apps).
    • 9.1. Rights in App Granted. Upon release and existence of an App, subject to your compliance with these Terms, WAI grants to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
  • (a) copy, modify, or create derivative works based on the App;
  • (b) distribute, transfer, sublicense, lease, lend or rent the App to any third-party;
  • (c) reverse engineer, decompile, or disassemble the App; or
  • (d) make the functionality of the App available to multiple users through any means.

WAI reserves all rights in and to the App not expressly granted to you under these Terms.

  • 9.2. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
  • (a) These Terms are between you and WAI and not with the App Provider, and WAI (not the App Provider) is solely responsible for the App.
  • (b) The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • (c) In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WAI.
  • (d) The App Provider is not responsible for addressing any claims you have or any claims of any third-party relating to the App or your possession and use of the App, including, but not limited to:
    • (i) product liability claims;
    • (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    • (iii) claims arising under consumer protection or similar legislation.
  • (e) In the event of any third-party claim that the App or your possession and use of that App infringes that third-party’s intellectual property rights, WAI will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • (f) The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  • (g) You represent and warrant that
    • (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country;
    • (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
    • (iii) you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
    • (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.
  • (h) You must also comply with all applicable third-party terms of service when using the App.
  1. General Prohibitions and WAI’s Enforcement Rights.

You agree not to do any of the following:

  • (a) Post, upload, publish, submit, or transmit any User Content or engage in any activity that:
    • (i) infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • (ii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
    • (iii) is fraudulent, false, misleading, or deceptive;
    • (iv) is defamatory, obscene, pornographic, vulgar, or offensive;
    • (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
    • (vii) exploits minors or
    • (viii) promotes illegal or harmful activities or substances;
  • (b) Use, display, mirror or frame the WAI Service or any individual element within the WAI Service, WAI’s name, any WAI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WAI’s express written consent;
  • (c) Access, tamper with, or use non-public areas of the WAI Service, WAI’s computer systems, or the technical delivery systems of WAI’s providers;
  • (d) Attempt to probe, scan or test the vulnerability of any WAI system or network or breach any security or authentication measures;
  • (e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WAI or any of WAI’s providers or any other third-party (including another user) to protect the WAI Service or Content;
  • (f) Bypass any territorial restrictions, including IP address-based restrictions that may be applied to the WAI Service;
  • (g) Attempt to access, scrape or search the WAI Service or Content or download Content from the WAI Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by WAI or other generally available third-party web browsers;
  • (h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • (i) Use any meta tags or other hidden text or metadata utilizing a WAI trademark, logo URL, or product name without WAI’s express written consent;
  • (j) Use the WAI Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by WAI;
  • (k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the WAI Service or Content to send altered, deceptive, or false source-identifying information;
  • (l) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the WAI Service or Content;
  • (m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the WAI Service;
  • (n) Collect or store any personally identifiable information from the WAI Service from other users of the WAI Service without their express permission;
  • (o) Copy, use, index, disclose or distribute any information or data obtained from the WAI Service, whether directly or through third parties (such as search engines), without WAI’s express written consent;
  • (p) Alter, replicate, store, distribute, or create derivatives from the Content available via the WAI Service except as expressly permitted in writing by WAI;
  • (q) Impersonate or misrepresent your affiliation with any person or entity;
  • (r) Access, use, or exploit the WAI Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with WAI or the WAI Service;
  • (s) Violate any applicable law or regulation; or
  • (t) Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the WAI Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the WAI Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the WAI Service and WAI’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the WAI Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Member Interactions, Dealings with Third Parties, CAN-SPAM Act.

When interacting with other WAI members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third-party found on or through the WAI Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third-party. You agree that WAI is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

In connection with the WAI Services, you may make phone calls and/or email third parties. You acknowledge and agree that you have reviewed and understand the relevant materials and information pertaining to the CAN-SPAM Act, anti-spam email marketing and the “Do-Not-Call Registry” provided to you, including the below: 

The CAN-SPAM Act provides that any email sent to advertise or promote a product or service must:

  1. Identify the Email as an advertisement or solicitation.
  2. Provide an opt-out mechanism allowing the recipient to opt-out of receiving future Emails.
  3. Include the sender’s physical address as well as a valid return Email address.

Additionally, the CAN-SPAM act makes it illegal to falsify transmission information, use deceptive subject headings, and continue to send Emails if the recipient has opted out.

Federal law allows consumers who do not want to receive solicitations to place their telephone numbers on a national Do-Not-Call Registry. Generally, you should not call numbers on the Registry, but exceptions can apply. For more information, visit the FTC’s website (https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule).

You further acknowledge and agree that such materials and information are for educational purposes only, provide limited information as an introduction to the subject matter and are not legal advice. You agree to consult a qualified legal advisor for more information on how those or similar state or federal laws apply to you and your activities.

  1.  Indemnification.

You agree to indemnify, defend, and hold harmless WAI and its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • (a) your activities on the WAI Service,
  • (b) any User Content submitted by or on behalf of you or
  • (c) your violation of these Terms.
  1.  Geographic Restrictions.

The WAI is based in the State of Delaware in the United States. We provide the WAI Service for use only by persons located in the United States. We make no claims that the WAI Service or any Content is accessible or appropriate outside of the United States. Access to the WAI Service may not be legal by certain persons or in certain countries. If you access the WAI Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1.  Third-Party Links and Content.

There may be links on the WAI Service that let you leave the particular WAI Service you are accessing in order to access a linked site that is operated by a third-party. WAI neither controls nor endorses these sites, nor has WAI reviewed or approved the content that appears on them. WAI is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that WAI is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.

  1.  No Warranties.
    • 15.1. Reservation of Rights. WAI reserves the right to modify the WAI Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the WAI Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the WAI Service. WAI has no obligation to screen or monitor any Content and does not guarantee that any Content available on the WAI Service is suitable for all users or that it will continue to be available for any length of time.
    • 15.2. As Is, As Available. WAI provides the WAI Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the WAI Service at your own risk. Other than as expressly provided in writing by WAI in connection with your purchase of a WAI product, to the extent permitted by law, WAI expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, WAI makes no representations or warranties:
  • (a) That the WAI Service is or will be permitted in your jurisdiction;
  • (b) That the WAI Service will be uninterrupted or error-free;
  • (c) Concerning any Content, including User Content;
  • (d) Concerning any third-party’s use of User Content that you submit;
  • (e) That the WAI Service will meet your personal or professional needs;
  • (f) That WAI will continue to support any particular feature of the WAI Service; or
  • (g) Concerning sites and resources outside of the WAI Service, even if linked to from the WAI Service.
    • 15.3. Applicability to Third Parties. To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
    • 15.4. Warranty Period. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WAI SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
  1.  Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, ACKNOWLEDGE AND AGREE:

  • (a) WAI shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the WAI Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
  • (b) WAI’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to WAI over the 12 months preceding the date your first claim(s) arose.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of WAI’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between WAI and you.

  1.  No Investment Advice.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, ACKNOWLEDGE AND AGREE:

AT NO TIME IS WAI PROVIDING INVESTMENT ADVICE TO YOU. THE INFORMATION CONTAINED ON THE WAI SITE AND THE WAI SERVICES HAS NO RELATION TO OR CONNECTION WITH ANY SPECIFIC INVESTMENT OBJECTIVE, FINANCIAL SITUATION OR PARTICULAR NEEDS OF ANY SPECIFIC RECIPIENT. YOU MUST DETERMINE IF ANY PARTICULAR PURCHASE OR SALE OF ANY REAL ESTATE, CURRENCY, FINANCIAL INSTRUMENTS, SECURITIES OR OTHER INVESTMENT VEHICLE IS APPROPRIATE FOR YOU, BASED ON YOUR OWN INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS TO BUY OR SELL ANY REAL ESTATE, CURRENCY, FINANCIAL INSTRUMENTS, SECURITIES OR OTHER INVESTMENT VEHICLE, AND WE DO NOT MANAGE ANY INVESTMENTS OR OTHER ASSETS ON YOUR BEHALF. WAI DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR REAL ESTATE TRANSACTION, CURRENCY, FINANCIAL INSTRUMENTS, SECURITIES OR OTHER INVESTMENT VEHICLE, OR INVESTMENT STRATEGIES RELATED THERETO. THE CONTENT PUBLISHED ON THE WAI SITE AND THE WAI SERVICES IS SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT TO BE CONSTRUED AS SOLICITATION OR ANY OFFER TO BUY OR SELL ANY REAL ESTATE, CURRENCY, FINANCIAL INSTRUMENTS, SECURITIES OR OTHER INVESTMENT VEHICLE. WAI DOES NOT REPRESENT OR GUARANTEE THAT ANY CONTENT ON THE WAI SITE AND THE WAI SERVICES IS ACCURATE, NOR THAT SUCH CONTENT IS A COMPLETE STATEMENT OR SUMMARY OF THE MARKETPLACE. NOTHING CONTAINED IN THE WAI SITE AND THE WAI SERVICES IS INTENDED TO CONSTITUTE INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE AND YOU SHOULD NOT RELY ON THE REPORTS, DATA OR OTHER INFORMATION PROVIDED ON OR ACCESSIBLE THROUGH THE USE OF THE WAI SITE AND THE WAI SERVICES FOR MAKING FINANCIAL DECISIONS. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION AND/OR TO VERIFY THE ACCURACY OF THE INFORMATION PROVIDED HEREIN PRIOR TO MAKING ANY INVESTMENT DECISIONS.

  1.  Intellectual Property Acknowledgment.

You acknowledge and agree that your use of the WAI Services and any Content contained therein is dependent upon you agreeing to and abiding by the WAI’s Intellectual Property and DMCA Policy at all times. You further acknowledge that the WAI Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All WAI-generated content, and content provided to WAI by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and WAI, WAI own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the WAI Service.

  1.  Intellectual Property Usage and Reporting Infringement.

WAI respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third-party’s right or other intellectual property rights. If you believe that the WAI Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to WAI’s Intellectual Property and DMCA Policy for directions on how to report it to us.

  1.  ARBITRATION AGREEMENT & CLASS ACTION WAIVER.

IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

  • 20.1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Content, or WAI products (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section (t), and not in a class, representative or consolidated action or proceeding. You and WAI agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the WAI entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND WAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section (t) shall survive the termination of these Terms.
  • 20.2 Exceptions and Opt-out Option. The only exceptions to Section (t) are the following:
  • (a) you or WAI each may seek to resolve an individual Dispute in small claims court if it qualifies.
  • (b) you or WAI each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
  • (c) you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section 20.9 below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
    • 20.3. Initial Dispute Resolution and Notification. You and WAI agree that, prior to initiating an arbitration or other legal proceeding, you and WAI will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against WAI, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of WAI’s Legal Department at the WAI address set out in Section 24 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
      • 20.3.1 Your Notice to WAI must contain all of the following information: (1) your full name, address, WAI username, and the email address associated with your WAI account (where applicable); (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing WAI to disclose information about you to your attorney.
      • 20.3.2. After receipt of your Notice, you and WAI shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor WAI may initiate an arbitration or other legal proceeding.
      • 20.3.3. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
  • 20.4. Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control.
    • 20.4.1. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section (t).
    • 20.4.2. If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.
    • 20.4.3. Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and WAI agree to a different location or to a virtual hearing.
    • 20.4.4 The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in Section 21 of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in Section 5 below are unenforceable, unconscionable, void, or voidable.
  • 20.5. Mass Filing Procedures. YOU AND WAI AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. WAI’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/) to the extent not contrary to these Terms. If a court determines that this Section 20.5.5 is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
    • 20.5.1. Batching: You and WAI agree that your and other individuals’ claims deemed by WAI a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by WAI. After your claim is batched and permitted to be filed as a Demand, you and WAI agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.
    • 20.5.2. First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and WAI shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.
    • 20.5.3. Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or WAI in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
    • 20.5.4 Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and WAI agree to mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and WAI will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and WAI.
    • 20.5.5. Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or WAI may opt out of arbitration and elect to have your claim resolved in court consistent with Section 21 of these Terms. You or WAI must exercise this election within 45 days of the completion of Global Mediation.
    • 20.5.6. Sequential Arbitration of Remaining Batches: If neither you nor WAI opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by WAI. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and WAI shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
    • 20.5.7. Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or WAI opts out of arbitration pursuant to Section 20.5.5.
  • 20.6. Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, WAI will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 21. If WAI prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award WAI reimbursement from you of WAI’s arbitration filing fees and costs.
  • 20.7. Offer of Settlement. WAI may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than WAI’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by WAI after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
  • 20.8. Class Action Waiver. YOU AND WAI AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and WAI may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third-party.  Notwithstanding this provision or any other language in these Terms, you or WAI may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WAI WAIVE ANY RIGHT TO A JURY TRIAL.
  • 20.9. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification,” if WAI changes any terms of this Section (t) after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section (t) by sending us written notice, personally signed by you, by certified mail to the attention of WAI’s Legal Department at the WAI address set out in Section 24 of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms you seek to reject or (1) the date of WAI’s email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 20 of the last version of the Terms you had accepted.
  • 20.10. Severability. If any portion of this Section (t) is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section (t) and all other Terms shall continue to be enforceable and valid.
  1.  Contracting Entities, Governing Law and Jurisdiction.

You are contracting with Wealth Agent Institute, LLC. unless otherwise specified in these Terms.

These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Subject to the agreements in Section (t) above, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Wilmington, Delaware, United States of America, and you consent to the jurisdiction of those courts.

  1.  Interpretation; Severability; Waiver; Remedies.

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms.

No failure or delay by WAI in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WAI. WAI’s rights and remedies hereunder are cumulative and not exclusive.

  1.  Successors; Assignment; No Third-party Beneficiaries.

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without WAI’s prior written consent. WAI may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

  1.  Notices.

You consent to receive all communications including notices, agreements, disclosures, or other information from WAI electronically. WAI may communicate by email or by posting to the WAI Service. For support-related inquiries, you may email [email protected].

For all other notices to WAI, write to the following addresses:

Wealth Agent Institute, LLC
P.O. Box 26009
Collegeville, PA 19426-6009

Nothing in these Terms or otherwise limits WAI’s right to object to subpoenas, claims, or other demands.

  1.  Modification.

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the WAI Site and/or through the WAI Service. Modifications will be effective on the date that they are posted to the WAI Site. It’s important that you review the Terms whenever we update them before you use the WAI Service. If you continue to use the WAI Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20.9 “Effect of Changes on Arbitration,” you may not use the WAI Service anymore. Because the WAI Service is evolving over time we may change or discontinue all or any part of the WAI Service, at any time and without notice, at our sole discretion.

  1.  Entire Agreement.

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the WAI Site from time to time:

In the event of a conflict between any policies posted on the WAI Service and these Terms, these Terms will control. These Terms represent the entire understanding between WAI and you regarding the WAI Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1.  Force Majeure.

Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

  1.  Email, SMS and Telephone Terms.

You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding WAI and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or the Privacy Policy.)

If you opt in to text messages, you will receive text messages from WAI. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

If you opt in to WAI text messages, you will receive text messages from WAI for marketing purposes. “WAI” text messages are recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from WAI at the cell number used when signing up. Consent is not a condition of any purchase. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.