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Terms of Service
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Terms of Service
By accessing or using the WealthMAX website, the WealthMAX service, or any applications (including mobile applications) made available by WealthMAX (together, the "Service"), however accessed, you agree to be bound by these terms of service ("Terms of Service"). The Service is owned or controlled by WealthMAX, LLC ("WealthMAX "). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Service.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WEALTHMAX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms
  • You must be an individual, not an entity or organization of any kind, and at least 18 years old to use the Service.
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to WealthMAX upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you will not solicit, collect or use the login credentials of other WealthMAX users.
  • You are responsible for keeping your password secret and secure.
  • You must not post or use private or confidential information to gain access to the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  • You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  • You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or WealthMAX.
  • You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any WealthMAX page is rendered or displayed in a user's browser or device.
  • You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  • You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other WealthMAX terms.
  • Violation of these Terms of Service may, in WealthMAX’ sole discretion, result in termination of your WealthMAX account. You understand and agree that WealthMAX cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for WealthMAX, we can stop providing all or part of the Service to you.
General Conditions
  • We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  • Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
  • We reserve the right, in our sole discretion, to change these Terms of Service ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  • We reserve the right to refuse access to the Service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username for any reason.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
  • There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your account on the Service with a third-party web site or feature.
  • You agree that you are responsible for all data charges you incur through use of the Service.
  • We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with WealthMAX’ express consent).
Rights
  • Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that WealthMAX may place such advertising and promotions on the Service. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  • You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • The Service contains content owned or licensed by WealthMAX ("WealthMAX Content"). WealthMAX Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and WealthMAX, WealthMAX owns and retains all rights in the WealthMAX Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WealthMAX Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the WealthMAX Content.
  • The WealthMAX name and logo are trademarks of WealthMAX, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WealthMAX. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WealthMAX, and may not be copied, imitated or used, in whole or in part, without prior written permission from WealthMAX.
  • Although it is WealthMAX’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, WealthMAX reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by WealthMAX, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
User Conduct WealthMAX grants you a license to use our website and mobile applications so long as you comply with our rules of user conduct.

You agree that you will:
  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
  • Use the Service solely for your personal, non-commercial use;
  • Use your real name on your profile and keep your password confidential;
  • Use our Service in a professional manner.
You agree that you won't:
  • Circumvent, disable, or otherwise interfere with security-related features of WealthMAX or features that prevent or restrict use or copying of any content or user information;
  • Upload, email, transmit, provide, or otherwise make available:
    • any Service information which you do not have the lawful right to use, copy, transmit, display, or make available; or
    • any Service information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
    • unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
    • any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of WealthMAX; or
    • any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation
    • any personal information that includes code that is hidden or otherwise surreptitiously contained within the user information;
  • Use any meta tags or other hidden text or metadata utilizing a WealthMAX name, trademark, URL or product name;
  • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use WealthMAX to send altered, deceptive, or false source- identifying information;
  • Interfere with or disrupt (or attempt to interfere with or disrupt) any WeathMAX web page, server, or network, or the technical delivery systems of WealthMAX's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to WealthMAX.
  • Attempt to probe, scan, or test the vulnerability of any WealthMAX system or network or breach or impair or circumvent any security or authentication measures protecting WealthMAX;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide WealthMAX;
  • Attempt to access, search, or meta-search WealthMAX or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by WealthMAX or other generally available third- party web browsers, including without limitation any software that sends queries to WealthMAX to determine how a website or web page ranks;
  • Violate the terms of service or any other rule or agreement applicable to you or WealthMAX's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
  • Collect or store personal information about other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
  • Solicit any user for any investment or other commercial or promotional transaction;
  • Violate any applicable law, regulation, or ordinance;
  • Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
  • Copy or use the information, content or data on WealthMAX in connection with a competitive service (as determined by WealthMAX);
  • Monitor WealthMAX's availability, performance or functionality for any competitive purposes;
  • Use WealthMAX or content thereon in any manner not permitted by these Terms of Service.
Fees and Payments
  • By ordering any subscription on this website or through our mobile app (including a free trial period) you confirm that you have read and accepted our Terms of Service and you authorize WealthMAX to automatically charge your bank account, credit/debit card, or PayPal account according to the billing period manually selected by you. Users participating in a free trial must submit their credit card information to be eligible.
  • Each user can try our premium (paid) plans for 30 days free of charge. If you do not cancel your trial before it ends, you’ll automatically continue on a paid monthly plan after the trial. We do not offer refunds for automatic payments after the trial period, even if the subscription is cancelled on the same day as the payment has gone through.
  • All WealthALGO systems (free and premium plans) are accessed through the WealthGenerator module of the app, which requires a $9 activation key purchase. The $9 fee can be waived with a proper promotion code.
  • The premium subscription plans are billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account.
  • If you cancel your subscription before the end of your current paid-up period, your subscription will remain active until the next due date (end of the billing period). After the due date, if no payment is received, your subscription will be stopped.
  • We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of your current plan, you can cancel the subscription to avoid billing for subsequent months.
  • Subscription plans are billed according to the day that you started your plan. For example, if you established your plan on June 22, then your trial would end on July 22 and billing periods would begin August 22, and so on. If you began on the 28-31st of the month, your renewal date (billing period) is the 1st of the subsequent month. This information is available in your email receipt.
  • In addition to the subscription fee, WealthMAX charges a monthly Alpha fee on subscribers of its premium trading plans. The Alpha fee is based on a percentage (0.5% or .005) of the average account balance (the brokerage account selected by the user as indicated in the app) over the current 30-day billing period ($50 minimum Alpha Fee). This fee is only imposed when the following threshold has been met: the account experiences positive trading gains that exceed the trading performance of the S&P 500 Index during the measurement period (MP).
  • A user with a current 30-day billing period average balance of $50K would be charged a $250 Alpha fee (50,000 x .005) on months that meet the threshold criteria. The Alpha fee threshold is gauged through a measurement period (MP) beginning the first day of the user's first billing period to the then current billing date. Then, going forward adding one month at a time until 12 months of trading have been recorded from the first day of the user's first billing period to the then current billing date. From that point onward, the MP is taken on a rolling previous 12-months basis using the billing period date each month and going back 12 months.
  • If the trading results (the gross dollar gain or loss from each trade) calculated from the beginning balance of the current MP have accrued a positive return percentage that exceeds the trading return percentage of the S&P 500 index during the same length of time, then an Alpha fee is assessed on the user's average account balance (during the current 30-day billing period). Then at the end of another 30 days of trading, this threshold calculation is performed again, and so on, every 30 days.
  • Monthly user charges (subscription fees and alpha fees) can be offset by participation in our WealthReferrals program. Users receive a $25 monthly recurring credit for each qualified referral. A qualified referral is a referred user who subscribes to a premium plan and has paid their monthly subscription fee during their current billing period. There are no limits on the number of referrals per user, and accrued monthly referral credits in excess of the user's current month's charges will be paid directly to the user via an account of their choosing.
  • All billing is recurring, which means you will continue to get billed (subscription fees and applicable Alpha fees) until you cancel your subscription. You are solely responsible for properly canceling your WealthMAX subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by accessing the billing section of your Profile Settings page.
Termination This agreement can be terminated at any time by either WealthMAX or the user. You may terminate this agreement by cancelling your subscription or deleting your user account from your Profile Settings page.

This Agreement shall remain effective until terminated in accordance with its terms. WealthMAX may terminate this Agreement, and/or your access to and use of the Service or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. If the subscription is terminated “for cause”, you will not receive a refund of any consideration paid for the subscription. In addition, we reserve the right, upon 10 business days notice, to terminate this Agreement without cause.

We may terminate or suspend your access to WealthMAX, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Service. We may seek to gather information from a user who is suspected of violating these Terms of Service (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any user information, emails, or other materials that are believed to violate these Terms of Service.

Any suspension, termination, or cancellation shall not affect your obligations to WealthMAX under these Terms of Service (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Disclaimer of Warranties THE SERVICE, INCLUDING, WITHOUT LIMITATION, WEALTHMAX CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WEALTHMAX NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WEALTHMAX PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WEALTHMAX CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WEALTHMAX `OR VIA THE SERVICE. IN ADDITION, THE WEALTHMAX PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE WEALTHMAX PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WEALTHMAX PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEALTHMAX PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WEALTHMAX PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE WEALTHMAX PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver UNDER NO CIRCUMSTANCES WILL THE WEALTHMAX PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE WEALTHMAX CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WEALTHMAX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WEALTHMAX PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WEALTHMAX PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE WEALTHMAX PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WEALTHMAX’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE WEALTHMAX PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WEALTHMAX PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. WEALTHMAX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at WealthMAX’ request), indemnify and hold the WealthMAX Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by WealthMAX in the defense of any claim. WealthMAX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of WealthMAX.

Arbitration You agree that all disputes between you and WealthMAX (whether or not such dispute involves a third party) with regard to your relationship with WealthMAX, including without limitation disputes related to these Terms of Service, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and WealthMAX hereby expressly waive trial by jury. Furthermore, you may bring claims only on your own behalf. Neither you nor WealthMAX will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if WealthMAX is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either WealthMAX or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. This arbitration agreement will survive the termination of your relationship with WealthMAX.

Time Limitation on Claims You agree that any claim you may have arising out of or related to your relationship with WealthMAX must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Service, you agree to resolve any dispute you have with WealthMAX exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York for the purpose of litigating all such disputes.

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. WealthMAX’ failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. WealthMAX reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with WealthMAX.

Entire Agreement These Terms of Service constitute the entire agreement between you and WealthMAX and governs your use of the Service, superseding any prior agreements between you and WealthMAX. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of WealthMAX. Any purported assignment or delegation by you without the appropriate prior written consent of WealthMAX will be null and void. WealthMAX may assign these Terms of Service or any rights hereunder without your consent. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.

Territorial Restrictions The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WealthMAX to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that WealthMAX provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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 any software related to the Service, 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.

The effective date of these Terms of Service is January 1, 2017. These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.
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