Terms of Use

Last updated as of May 19, 2016

 

Access to this site (the “Site”), is provided by WealthForge Holdings Inc. (the “Company”). For purposes of these Terms of Use, the Company shall mean and include Company’s affiliates, including WealthForge Securities, LLC and WealthForge Technologies, LLC and Company and Company’s affiliates’ respective directors and employees.

Each time you use or cause access to the Site, you agree to be bound by the following terms and conditions (“Terms of Use”). Please read these Terms of Use carefully before using the Site. Your access, link to or use of this Site will constitute your acceptance of the Terms of Use. If you do not agree to these Terms of Use, you should not use the Site. The Terms of Use may be amended from time to time with or without notice to you. Modifications shall become effective immediately upon being posted. Accordingly, please continue to review the Terms of Use whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the Terms of Use will constitute your acceptance of the Terms of Use, as modified. If, at any time, you do not wish to accept the Terms of Use, you may not access, link to, or use the site.

By agreeing to the Terms of Use, you agree to the terms of our Privacy Statement, which is expressly incorporated into these Terms of Use. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Privacy Statement.

If you do not agree to the terms and conditions of this Terms of Use, you should immediately cease all usage of this Site. This Site may not be accessed or used by anyone under the age of 18.

No Warranty

The fact that the Company has made the data and services provided on this site available to you constitutes neither a recommendation that you enter into a particular transaction with a third party nor a representation that any product, service or offering described on this site is suitable or appropriate for you. The Company is not a party to any transaction you may determine to enter into directly with an issuer, investor or other user of the Site. Any discussion of the risks contained herein with respect to any transaction you may enter into directly should not be considered to be a disclosure of all risks or complete discussion of the risks related to any such transaction. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make the information available through this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.

The Site is provided by the Company on an "as is" and on an "as available" basis. The Company disclaims all warranties, express, implied or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose or course of performance or dealing, and any warranties that materials on the site are non-infringing. The Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company does not warrant that the system, services, or any component thereof, will meet the requirements of the user or that the operation of the system, service, or any component thereof, will be uninterrupted or error free. The Company does not warrant that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this Site, you do so at your own discretion and risk. The Company does not undertake any obligation to correct or update any information contained on this Site. The Company shall have no liability for any interruptions in the use of this Site. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in any such jurisdiction. The Company does not own nor control the third-party website that linked you to the registration pages comprising the Site.

Limitation of Liability

You expressly understand and agree that, to the full extent permitted by applicable laws, in no event will Company be liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Hyperlinks to or from other internet resources are accessed at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by the Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the site and/or information contained on the site is to stop using the site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of 100USD or the aggregate cumulative amount paid by you to the Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

Indemnification

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys' and experts’ fees and costs, arising out of your use of of this Site, including information made available to you through this Site or the violation of this Terms of Use, including any breach of your covenants or agreements hereunder. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you based on a third party claim and, in such case, you agree to cooperate with Company in the defense of such matter.

Use of Links

The Site may include links to other sites or resources, or you may be linked to this Site from other sites. These links are provided solely as a convenience to you and not an endorsement by the Company of the contents of such third-party Sites or resources. The Company neither controls nor endorses any such other Sites, nor has it reviewed or approved any content that appears on such other Sites, nor such other Sites’ terms of use or privacy policies. The Company is not, and shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, offerings, products, or services located on or through any other third-party Sites or resources, or any loss suffered by you. If you decide to access a linked Site, you do so at your own risk.

Disclaimer Regarding Accuracy of Third-Party Information

The Company may provide information on this Site supplied by third parties. The Company does not endorse or independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for content displayed on this Site that may be provided by a third party.

Privacy

The Privacy Statement describes the type of information we collect when you access the Site, how we use it, and how it is protected. In addition, When you open an account using the Site, we will ask for your name, address, date of birth and other information that will allow us to identify you, as well as certain financial and background information. We may also ask to see your driver's license or provide other identifying documents, and your permission to conduct credit or other background checks. We will share that information as described in the Privacy Statement.

Security

The Company cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. although passwords or other security protections may be in use.

Site Use

Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into the Company's systems or misuse of any information is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden or impair any of Company site or service or interfere with any other party's use and enjoyment of any Company site or service. You may not attempt to gain unauthorized access to any Company site or service, computer systems or networks connected to any Company site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.

Your “Information" means any information and materials you provide to the Company or other users in connection with your registration for or use of the Site. You are solely responsible for Your Information, and the Company acts merely as a passive conduit for your online distribution and publication of your Information. You hereby represent and warrant to the Company that your use of this Site and your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any state, federal, or local law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

Governing Jurisdiction

This Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its choice of law principles. The venue for any dispute will be Richmond, Virginia. The parties each irrevocably waive their right to a trial by jury in any action arising from or relating to this Terms of Use.

Copyright and Trademark Information

All content and material, including, but not limited to documents, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, databases, text, HTML and other material on the Site, including the selection and arrangement thereof, copyrights, trademarks, service marks and tradenames (collectively, the “Content”) is the sole property of the Company, unless otherwise indicated, and is legally protected under U.S. federal and state, as well as foreign, laws, regulations and treaties, including applicable copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content available on this Site may only be downloaded, displayed, reformatted and printed for your personal, non-commercial use, provided that (a) you do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy, post, distribute or transmit the Content on any other Site or via any network computer, or broadcast the Content in any media. You may not reproduce, retransmit, distribute, disseminate, sell, publish, frame, broadcast or circulate the content available on this Site to anyone, including but not limited to, others in the same company or organization without the Company's express prior written consent.

Certain sections of or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

The Company retains the right, at its sole discretion, to terminate any User accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, then Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

By Mail:

WealthForge Technologies, LLC

Attn: Privacy Statement Representative
6800 Paragon Place, Suite 237
Richmond, VA 23230
By Telephone: 804.308.0431
By Email: admin@capitalforge.com