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TERMS OF USE
Financial Advice
THE MATERIAL ON THIS WEBSITE DOES NOT CONSTITUTE ADVICE AND YOU
SHOULD NOT RELY ON ANY MATERIAL IN THIS WEBSITE TO MAKE (OR
REFRAIN FROM MAKING) ANY DECISION OR TAKE (OR REFRAIN FROM
MAKING) ANY ACTION.
The information contained on this website and from any communication
related to this website is for information purposes only.
vWise, Inc. does not hold itself out as providing any legal,
financial or other advice. vWise, Inc. also does not make any
recommendation or endorsement as to any investment, advisor or
other service or product or to any material submitted by third
parties or linked to this website. In addition, vWise, Inc. does
not offer any advice regarding the nature, potential value or
suitability of any particular investment, security or investment
strategy.
The investment and services mentioned on this website may not
be suitable for you. If you have any doubts you should contact
an independent financial advisor. Some of the investments mentioned
may not be regulated under the Financial Services Act 1986 or
other regulations and the protection provided to you law will
not apply.
This website contains links to other websites which are not
under the control of and are not maintained by vWise, Inc. vWise,
Inc. is not responsible for the content of those sites. vWise,
Inc. provides these links for your convenience only but does
not necessarily endorse the material on these sites.
VWise, Inc. does not make recommendations for buying or selling
any securities or options. We make financial suggestions and
it is up to our visitors to make their own decisions, or to consult
with a registered investment advisor when evaluating the information
on VWise, Inc.
Site Availability
The Site and the Membership may be temporarily unavailable from
time to time for maintenance or other reasons. vWise assumes
no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to,
or alteration of, User communications.
vWise is not responsible for any technical malfunction or other
problems of any telephone network or Membership, computer systems,
servers or providers, computer or mobile phone equipment, software,
failure of email or players on account of technical problems
or traffic congestion on the Internet or at any Site or combination
thereof, including injury or damage to User's or to any other
person's computer, mobile phone, or other hardware or software,
related to or resulting from using or downloading materials in
connection with the Web and/or in connection with the Membership,
including any Mobile Client software.
Under no circumstances will vWise be responsible for any loss
or damage, including any loss or damage to any User Content or
personal injury or death, resulting from anyone's use of the
Site or the Membership, any User Content or Third Party Applications,
Software or Content posted on or through the Site or the Membership
or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
vWise reserves the right to change these Terms of Use at any
time, effective immediately upon posting on the Site. Please
check this page of the Site periodically. If you violate these
Terms of Use, vWise may terminate your use of the Site, bar you
from future use of the Site, cancel your Membership, and/or take
appropriate legal action against you.
User Content
You are solely responsible for the photos, profiles (including
your name, image, and likeness), messages, notes, text, information,
music, video, advertisements, listings, and other content that
you upload, publish or display (hereinafter, "post")
on or through the Membership or the Site, or transmit to or
share with other users (collectively the "User Content").
You may not post, transmit, or share User Content on the Site
or Membership that you did not create or that you do not have
permission to post. You understand and agree that vWise may,
but is not obligated to, review the Site and may delete or remove
(without notice) any Site Content or User Content in its sole
discretion, for any reason or no reason, including User Content
that in the sole judgment of vWise violates this Agreement or
which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of users or others. You
are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store
on the Site or provide to vWise.
When you post User Content to the Site, you authorize and direct
us to make such copies thereof as we deem necessary in order
to facilitate the posting and storage of the User Content on
the Site. You may remove your User Content from the Site at any
time, however you acknowledge that vWise may retain archived
copies of your User Content. Subject to the rights granted to
us in these Terms, you retain full ownership of all of your User
Content and any intellectual property rights or other proprietary
rights associated with your User Content.
Termination
vWise may terminate your Membership, delete your profile and
any content or information that you have posted on the Site
and/or prohibit you from using or accessing the Membership
or the Site for any reason, or no reason, at any time in its
sole discretion, with or without notice, including if it believes
that you are under 18.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES
OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF VWISE. YOU ACKNOWLEDGE
BY YOUR USE OF VWISE’ PRODUCTS THAT YOUR USE OF THE PRODUCTS
AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH VWISE’ PRODUCTS. VWISE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET
FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN
PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY
IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF
ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
VWISE HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU
HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT VWISE WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL,
STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER
KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL,
TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING
DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT
AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO
A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS
DEFINED BY 15 US C. § 2301.
Follow all instructions and heed all warnings accompanying any
products associated with the Site. Some products, including those
with small pieces, may not be suitable for children and should
be kept out of the reach of children. All tools used for construction
of craft products must be used carefully and with adult supervision.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR
SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST
VWISE ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED
VIA THE SITE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS
VWISE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND
EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED
TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Privacy
We respect your privacy and will never knowingly reproduce any
personal information that would jeopardize your privacy. For
details, please read our Privacy Policy.
Governing Law and Venue
This Agreement, the entire relationship between you and vWise,
and any litigation or other legal proceeding between you and
vWise (whether grounded in tort, contract, law or equity) shall
be governed by and construed in accordance with the laws of the
State of California, without giving effect to its choice of law
rules. This contract is fully performable in Orange County, California. |
