Disclosures

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Before using this Website please read these Terms and Conditions of Use (the “Terms”) carefully.  Any use of this Website will constitute your understanding and acceptance of the Terms.  If you do not accept the Terms stated herein, do not use this Website.  This Website is owned and operated by The WealthPlan LLC (“WealthPlan” or “the Firm”), either alone or in conjunction with its affiliates, agents and partners. WealthPlan reserves the right, in its sole discretion, without any obligation or notice requirement, to amend, alter, modify, add, update, or remove portions of these Terms at any time, and any such changes will be effective upon posting to the Website.  You are responsible for reviewing the Terms periodically and your continued use of the Website constitutes your acceptance of all such changes.  Consequently, we suggest that you check these Terms periodically for any changes.  These Terms supplement any other agreements between you and WealthPlan or its affiliates.  If there is any conflict between these Terms and your other agreements with WealthPlan or its affiliates, those agreements will govern.

INTENDED AUDIENCE

The information provided on this Website 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 WealthPlan or its affiliates to any registration requirement within such jurisdiction or country. WealthPlan does not claim that the products or services described in this website are available in any particular jurisdiction or appropriate for any particular investor.  If you choose to access this Website from a location other than the United States, you do so at your own initiative, and you are responsible for compliance with any applicable local laws.

NO OFFER OR ADVICE

Neither this Website nor anything on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by WealthPlan or any other third party regardless of whether such security, product or service is referenced on or through this Website.  Furthermore, nothing on this Website is intended to provide tax, legal, or investment advice and nothing on this Website should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction.  WealthPlan does not represent that the securities, products, or services discussed on or accessible through this Website are suitable for any particular investor.  You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.  You should consult your business advisor, attorney, or tax and accounting advisor regarding your specific business, legal or tax situation.

TIMELINESS OF CONTENT

All content on this Website is presented as of the date published or indicated, and may be superseded by subsequent market events or for other reasons.  Additionally, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.  We undertake no responsibility to notify you of changes to the Website or its content and expressly reserve the right to change such information, including any opinions or forecasts, at any time without notice.

DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNIFICATION

WealthPlan does not warrant that the Website will meet your needs, be error-free, be corrected promptly if an error exists, continuous, uninterrupted, secure, or contain no computer viruses or other harmful content.  You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this Website.  Furthermore, WealthPlan makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any material, services, software, texts, graphics, photographs, or links contained on this Website or any results that may be obtained from using this Website.  You also accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of WealthPlan, you, or any third party.  Any commentaries, articles or other opinions herein are intended to be general in nature and for current interest. Decisions based on information contained in this Website are your sole responsibility, and in exchange for using this Website, you agree to hold WealthPlan, its directors, officers and employees harmless against any claims for damages arising from any decision that is made based on such information.  WealthPlan and its directors, officers, or employees will not be liable or have any responsibility of any kind for any loss or damage that you incur arising from or in connection with: any delay, termination, failure, defect, or interruption in the transmission of this website; any inaccuracy, error, unavailability, or incompleteness in the transmission of this website; any termination or interruption of your access to this website; your reliance on or use of this website; any e-mail requests, orders, or instructions you send, or the interception by third parties of any requests, orders, or instructions you send via e-mail; any act or omission of WealthPlan in making this website available to you; or any other cause relating to your access to or use of this website, whether or not the circumstances giving rise to such cause may have been within the control of WealthPlan or within the control of any other party providing software or services support for this website.

Furthermore, WealthPlan and its directors, officers, or employees will not be liable to you in contract, tort, strict liability, or otherwise for any direct, indirect, special, punitive, consequential, or incidental damages related in any way to your use of this Website including, but not limited to, (i) loss of anticipated profits, benefits, use, or data, or (ii) injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, computer virus or worm, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, resulting from the use of or access to this Website, even if (i) such damages are reasonably foreseeable, or (ii) WealthPlan or any other party has been advised of the possibility of such damages.  It is possible that all or a portion of the forgoing disclaimers or limitations of liability may not be enforceable in the jurisdiction in which you reside. You agree to indemnify, defend, and hold harmless WealthPlan and its affiliates, officers, directors, employees, and agents, including their affiliates, from and against any and all claims, liabilities, damages, losses, actions, demands or expenses, including attorney fees and costs, arising out of or in any way connected with your access to or use of this Website or your breach of these Terms.  WealthPlan will notify you of any such claim, suit, or proceeding and may assist you, at your expense, in defending against any such claim, suit or proceeding.

USE OF LINKS TO OTHER WEBSITES

This Website may contain links to third-party websites.  These links are provided solely as a convenience to you and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by WealthPlan of the contents on such third-party websites.  WealthPlan is not responsible for the content of any website owned by a third party that may be linked to this Website regardless of whether the link is provided by WealthPlan or a third party.  WealthPlan does not prepare or maintain, has not and will not review or update, and does not guarantee the accuracy, timeliness, completeness, suitability, reliability, or usefulness of any information contained on a linked third-party website.  If you decide to access linked third-party websites, you do so at your own risk.  Furthermore, no representation or warranty is provided for any software that you may download from a link from this Website.

THIRD PARTY CONTENT

Through this Website, you may have access to information relating to securities, indexes or the securities markets (“Market Data”).  WealthPlan may compile or obtain this Market Data from third parties who are independent of WealthPlan.  Even though the sources of the Market Data provided on this Website are believed to be reliable, WealthPlan is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data.  The Market Data that may be provided is not a complete summary or statement of all available information or data.  WealthPlan makes no express or implied representations or warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to Market Data. Any Market Data and other information accessible through this Website are for personal, non-commercial use.  You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose any Market Data or other information you access through this Website.  Any Market Data is provided “as is” and on an “as available” basis.  WealthPlan will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information.  WealthPlan is not obligated to update or to continue to offer Market Data or other information accessible through this Website.

ELECTRONIC COMMUNICATIONS

To the extent electronic mail is submitted to or through this Website, it should be considered neither secure nor confidential.  WealthPlan makes no representation whatsoever concerning the security or confidentiality of your electronic messages and makes no representation that any electronic messages submitted through this Website will be received by WealthPlan.  Delivery, and timely delivery, of electronic mail is not guaranteed.  Do not send sensitive or confidential information to us via electronic mail.  WealthPlan therefore recommends that you do not send time sensitive or action oriented messages to us via electronic mail.  Such requests, orders, or instructions will not be processed until WealthPlan can confirm your instructions or obtain appropriate written documentation where necessary. Furthermore, any communications or material you transmit to or through this Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of WealthPlan.  Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. 

INTELLECTUAL PROPERTY

All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with this Website are proprietary to WealthPlan. Any third-party trademarks, logos, service marks, or trade names on this Website are used for identification purposes only and are the property of their respective owners.  The content of this Website is protected by applicable intellectual property law.  WealthPlan reserves all rights with respect to intellectual property ownership of all material on this Website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this Website is accessible for personal browsing and printing purposes only. Users of this Website may not otherwise: copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this Website without the express, written permission of WealthPlan; use, copy, modify, or display any WealthPlan name, logo, text, or graphic image without WealthPlan’s express, written permission; display any of the pages, text, images, or other content on this Website using “framing” technology without WealthPlan’s express written permission; modify or use the pages, text, images, or other content from this Website for any purpose other than browsing or printing for personal, non%u2010commercial use; or take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and WealthPlan.

PROHIBITED USES

You may not use this Website to gain unauthorized entry into WealthPlan’s Website, computer systems or networks connected to this Website or WealthPlan’s computer systems through hacking, password mining, or any other means.  Furthermore, you may not use this Website in any manner that could damage or overburden any WealthPlan server, or any network connected to any WealthPlan server, or in any manner that would interfere with another party’s use of the Website.  You may not, without the express written permission of WealthPlan, use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, provided that generally available third party web browsers may be used without such permission. Unless expressly authorized by WealthPlan in writing or as otherwise allowed by these Terms, you may not include the term “WealthPlan Investments” or any WealthPlan executive’s name or any WealthPlan logo, trademark, service mark, or any variation of the foregoing, on another website or as a metatag, hidden textual element or use this Website or any of its content in any manner that could create the impression of an affiliation, sponsorship or endorsement by WealthPlan.

GOVERNING LAW AND SEVERABILITY

These Terms will be governed and construed under the laws of the State of New York and the applicable provisions of U.S. federal law without regard to conflicts of law.  To the extent that the applicable laws of the State of New York or any of the provisions herein conflict with the applicable provisions of U.S. federal law, the latter shall control.  Any legal action relating to these Terms shall be instituted in any State or U.S. federal court in the City of New York and County of New York and you waive any objection which you may now or hereafter have to the laying of venue of any such proceeding and irrevocably consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. Nothing in these Terms creates any rights or protections that you are not already entitled to by law.  If any part of these Terms is held invalid, void, unlawful or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in full force and effect.  No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in WealthPlan’s Privacy Policy, these Terms constitute the entire agreement between you and WealthPlan with respect to the use of this Website.