Important: Read Carefully
The Service is provided by WV for the purpose of creating a platform for dissemination of Your information and particular services. Through the Service, You may upload assets (including your logo, biography, and multimedia files) and publish multimedia files. The Service may also provide information and links related to other WV products and services, and third-party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WV IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.
This Agreement governs your use of the Service only. Any other contractual agreements between You and WV remain in effect.
1. Software Delivery and Acceptance
Subject to Your agreement to be bound by all terms and conditions of this Agreement, WV authorizes You to use and access WV’s proprietary software and related media accessible at wealthvoice.ai, including all related subdomains (the “Service”). The Service is deemed accepted by You when you access the Website.
2. License Terms and Conditions
Subject to all terms and conditions of this Agreement, WV hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by WV. The Service is licensed to you, not sold, and WV reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.
3. Proprietary Rights
The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to WV. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of WV is granted to You hereunder other than the right to display the WV marks that are placed on the Service and any WV communications when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by WV.
4. Service Usage
4.1 Overview & Fees.
Accessing the Service and creating an account are free. We provide You with the option to access proprietary content known as the Skill Builder for a monthly subscription fee. Skill Builder subscribers receive access to a specialized website and app (the “Tool”). For purposes of this Agreement, the Skill Builder and access to the Tool is included within the definition of the Service. Through the Service you may post content, review content, and communicate with other users. If You choose to subscribe to the Skill Builder, You agree to immediately pay to WV the requested amount relative to Your subscription, and that You access the Tool at Your own risk of satisfaction in the Tool. You may also use the Tool with the intent to publish multimedia (the “Skills”). Skills are subject to third-party review and there is no guarantee a particular Skill will result in published content. If Your Skill is published, you hereby agree to immediately pay the invoice We send to you relevant to the publishing of that Skill.
If you subscribe to the Skill Builder, have appropriately submitted a Skill for publication, the Skill is approved for publication by the relevant third-party, and Your Skill is not published within six weeks of that approval, You may request a refund of any setup fees relevant to the Skill by emailing firstname.lastname@example.org. If You have not submitted a Skill to be published, you may also cancel your subscription to the Skill Builder upon 30-days notice by sending an email to email@example.com and requesting such cancellation. Otherwise, the fees You pay to Us are not refundable for any reason. If you have submitted a Skill to be published, you may cancel your subscription to the Skill Builder upon 30-days notice (but not less than one full calendar month) by sending an email to firstname.lastname@example.org and requesting such cancellation, but any fees incurred in connection with any Skills submitted by You are not refundable. You agree that for You to maintain access to Your Skills and for WV to continue to host Your Skills, you must maintain a current subscription to the Skill Builder.
4.2 Third-Party Systems.
You acknowledge that WV has no control over third party systems and services and that Your obligation to pay the monthly subscription fee associated with the Skill Builder is not affected by any failure of or dissatisfaction You may have with third-party functions in association with the Service including, but not limited to, downtime, availability, and technical errors.
5. User Content
WV does not have the obligation to pre-screen any User Content. However, WV reserves the right to remove or edit any User Content at any time and without notice to You. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available or provide any content or User Content that:
A. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
B. is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent to use such material and grant the rights to such material as contemplated by this Agreement;
C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;
D. falsely provides a review for a product or service that you have not purchased or used, or misrepresents your experiences relating to any products or services;
E. constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
F. is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
G. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
H. violates any applicable local, state, national, or international law.
(collectively “Prohibited User Content”).
6. Digital Millennium Copyright Act – Notice & Takedown
If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to WV’s Designated Agent at: WealthVoice LLC, 5900 Balcones Drive, STE 4240, Austin, Texas 78731. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
7. Representations and Warranties
You represent and warrant the following during your download, installation, and/or use of the Service:
A. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country;
B. You are not listed on any U.S. government list of prohibited or restricted parties;
C. You possess all necessary rights to distribute, post, or otherwise disseminate any User Content you disseminate using the Service; and
D. You will not use any Prohibited User Content in association with the Services.
8. Third Party Content
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Service for its intended purposes.
9. Internet Access
Use of the Service requires an internet connection and may result in charges from your cellular service provider. WV is not responsible for any such charges. WV is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of WV’s direct control including, but not limited to, third parties that host User Content. WV IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH ANY THIRD-PARTY SYSTEMS OR SERVICES.
10. Restrictions on Use
Unless and to the extent specifically provided otherwise in writing by WV, you may not:
A. separate any individual component of the Service for use;
B. incorporate any portion of the Service into other software or compile any portion of it in combination with other software;
C. use the Service, or any portion of Service, with any other service or over a network;
D. sell, rent, lease, lend, loan, distribute, assign or sublicense the Service or otherwise transfer any rights to it in whole or in part;
E. modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Service in whole or in part, or create any derivative works from or of the Service, or encourage, assist or authorize any other person to do any of these things; or
F. make copies of or distribute the Service or electronically transfer it or any portion of it from one computer to another or over a network.
We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
WV may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. WV disclaims any and all liability relating to Your failure to install any updates to the Service. WV does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.
12. Collection and Use of Data
13. Login Credentials
You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service at any time or for any reason unless otherwise allowed in writing by WV. You warrant, and WV may assume and rely on the assumption, that any and all activity and use of the Service under Your user account is done by You. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that WV will not be liable for any loss or damages resulting from use of your account by others.
You shall defend, indemnify, and hold harmless, WV and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) Your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.
15. Disclaimers; Limitations of Liability
WV DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY WV “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. WV CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD OR UPLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. WV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WV BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF WV, AND EVEN IF WV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, WV IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, WV’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST WV. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, WV may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1 through 21 of this Agreement will survive any termination of this Agreement.
17. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Texas without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in Austin, Texas, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable Texas State Court located in Austin, Texas. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.
18. Export Law Compliance
You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.
19. Other Agreements
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and WV with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and WV with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with WV by You or Your company. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) this Agreement shall control; and then (ii) any other agreements, policies, or documentation.
20. Void Where Prohibited
Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. WV reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. WV’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by WV of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between WV and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.