FWA Web Terms & Conditions

WEBSITE/PORTAL TERMS OF USE

THIS SITE AND RELATED SERVICES AND PRODUCTS ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS (THE “TERMS”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY EXIT THIS SITE. IF YOU ARE ACCESSING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS. IN THAT CASE, ALL REFERENCES TO “YOU” AND “YOUR” WILL BE DEEMED TO INCLUDE YOUR EMPLOYER.

Restrictions on Use and Ownership. All services provided through this website and all pages and information within this website, including the Portal (as defined below), and any material made available for access or download (collectively the “Site”) are the property of Family Wealth Alliance (“FWA,” “us,” “we,” or “our”) and/or its subsidiaries, affiliates, vendors, and licensors. We grant you a nonexclusive, non-transferable license to use the Site solely for your internal use. As a condition of your use of this Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of FWA, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. You may not use these materials on any other website or networked computer environment for any purpose.

All trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of FWA or their respective owners.

You may not use automated systems (e.g., robots, crawlers, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by FWA and/or its vendors and licensors.

We may, in our sole discretion and without prior notice, modify the Site, remove or alter functionality, or cease provision of the Site at any time.

Copies of These Terms; Updates. You may print a copy of these Terms using the print feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms at any time, and by your continued use of the Site agree to be bound by future revisions. If you do not agree to the revisions, you must cease use of the Site. It is your responsibility to periodically visit the “Terms & Conditions” link at the bottom of our home page to review the most current version of the Terms. You may use your browser to print copies of any updated Terms.

Further Restrictions. You may not and will not allow any third party to: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Site, except to the extent expressly permitted by applicable law; (ii) use the Site to develop a competing product or service; (iii) use the Site for any purpose for which it was not designed or inconsistent with any online documentation we provide; (iv) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Site, or any other products or materials made available through the Site; or (v) use screen capture or other tools to record or download video content from the Site.

No Redistribution. You may not download or otherwise make available any content or information made available on the Site to any third party. The Site and the information and content therein are intended solely for your internal use only.

Membership and Access to the Portal; Account Registration; Fees. In connection with and part of the Site, we provide a portal through which additional content and resources are made available (the “Portal”). Access to the Portal requires membership, the payment of certain fees, and the registration and establishment of an account (the “Account”). Membership information, including fees and benefits, are set forth in your Membership Agreement, or, if no Membership Agreement exists, in the FWA membership brochure that was current at the time of your most recent membership commencement or renewal. You may also be required to accept additional terms in connection with your membership and use of the Portal and the content therein. All fees are exclusive of applicable sales, use, excise, and similar taxes. In the event of a conflict between these Terms and any terms provided with your membership and Account registration, the membership and registration terms will govern. By becoming a member and registering, you represent: (a) that you are 18 years of age or over; (b) if you are registering on behalf of your employer or other legal entity, that you have authority to enter into contracts on their behalf; and (c) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. FWA may accept or reject membership requests in FWA’s sole discretion and may revoke membership and Accounts at any time, without cause or prior notice. In such event, FWA will refund to You the prorated portion of Your Membership Fee. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password in connection with your Account. You will notify FWA immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Site at the end of each of your uses of the Site. FWA conclusively presumes that communications received from you through any Account you have created on the Site, as well as any orders submitted via the Site in your name are accurate, complete, and authorized by you (or the person or the entity on whose behalf you place the order) as received by FWA. You agree not to contest the validity and binding legal effect of those communications.

Newsletters. Through the Site and Portal, you may elect to subscribe to various newsletters and other correspondence from FWA. At any time, you may elect to unsubscribe to any of the foregoing by updating your preferences on the Site and Portal.

Directories and Surveys. As part of your relationship with FWA, you will be listed in FWA’s directory. The directory facilitates communication among members, sponsors, and others. You may elect not to be listed in the directory or to remove an existing listing at any time, in your discretion, through the control panel in the Portal. As part of your membership registration and otherwise in your use of the Site and Portal, FWA may conduct surveys. The information obtained in the survey responses is used by FWA to provide better products and services to its members. Your responses to the surveys are used internally by FWA and not shared with unrelated third parties, except in aggregated, de-identified form.

Payments. You may purchase memberships, products, and/or services or admission to certain events, whether online or in person. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, FWA may obtain preapproval for an amount up to the amount of the payment and an additional surcharge may apply. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. Order processing will not occur until authorized. You represent and warrant that if you are making online payments that: (i) any credit card, debit card and bank account information you supply is true, correct and complete and lawful; (ii) charges incurred by you will be honored by your credit/debit card FWA or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued or you are otherwise authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Your License to Us. You grant us a non-exclusive, world-wide, royalty-free license to use the documents, information, graphics, data, content, comments, and other materials uploaded by you to the Site (the “Content”) for purposes of furnishing the Site to you and the services and functionality available through the Site. In particular, you may post comments to online communities and other forums made available through the Site. You understand that your comments will not be held in confidence and will be available to other uses of the Site. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Except for the license granted in this Section, nothing contained in these Terms will be construed as granting us any right, title, or interest in your Content. You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of the Site and the Content (the “Aggregated Data”) for our business purposes, including the provision of products and services to our members, partners, or customers; provided the Aggregated Data is combined with similar data from our other members, partners, or customers and does not include (directly or by inference) any information identifying you or any identifiable individual. The Aggregated Data will not be considered confidential or proprietary to you.

Your Obligations. You represent that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. FWA may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, chat rooms, discussion areas, bulletin boards, and other user forums. FWA, however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. FWA retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Site and our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, world-wide, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of our products and services.

Your Indemnity. At FWA’s option and request, you will, at your own expense, indemnify, defend, and hold FWA and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, fines, sanctions, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) based on or caused by unauthorized access to the Site through your account, (b) based on your actual or alleged breach of these Terms, (c) based on your violation of any applicable law or regulation of any jurisdiction, or (d) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without FWA's prior written consent.

Acceptable Use. You may not to use the Site to:

Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another's privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or create a false persona;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user's usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
Harvest screen names for any purpose;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
Upload, post, e-mail, distribute, deliver or otherwise transmit any bulk or unsolicited or unauthorized commercial e-mail, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

In our sole discretion and without notice, we may remove any content or other materials that violates or may violate the foregoing. We may also suspend or terminate your access to the Site.

Infringement Notices. As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:

Family Wealth Alliance, Inc.
150 South Wacker Dr., 12th Floor
Chicago, IL 60606

312-248-8820

info@fwalliance.com

If you believe content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy. Please review FWA’s Privacy Policy located at: https://www.familywealthalliance.com/pages/privacy-notice for details on the manner in which we collect, use, disclose and otherwise manage your personal information. You may modify certain privacy-related settings for the Site through the Account management tools made available to you.

Warranty Disclaimer. THIS SITE AND ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FWA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OUR OBLIGATIONS UNDER THESE TERMS.

THE SITE AND INFORMATION PROVIDED THROUGH IT ARE NOT INTENDED TO RENDER FINANCIAL OR INVESTMENT ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY VERIFYING THE APPROPRIATNES OF THE SITE AND INFORMATION FOR YOUR INTENDED USES AND ANY DECISIONS MADE ON BASED ON THE SITE AND INFORMATION.

Limitation of Liability. THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, AND DATA ARE PROVIDED AS A CONVENIENCE TO YOU. FWA AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE EXCLUSIVE LIABILITY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Location Services. Certain location-enabled functionality made available in the Site is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

Third-Party Speakers and Content. Through the Site, we may make available various live or recorded presentations, including those by third-party speakers. In addition, we may make content created by third parties available. The comments and opinions of the third-party speakers and any third-party content may not reflect the opinions of FWA. Those comments and content solely represent the opinions of the third-party authors.

Accuracy and Integrity of Information. Although FWA attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or any information made available through it. It is possible that the Site and information could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FWA so that it can be corrected. Information contained on the Site may be changed or updated without notice. FWA reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, FWA shall have no responsibility or liability for information, products, or Content posted to the Site from any non-FWA affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Links or Pointers to Other Sites. FWA makes no representations whatsoever about any other website that you may access through this Site. When you access a non-FWA site, please understand that it is independent from FWA, and that FWA has no control over the content on that website. In addition, a hyperlink to a non-FWA website does not mean that FWA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Forte Referrals. As part of the Portal, we have established referral relationships with several third-party service providers. Some providers may offer incentives or discounts to our members. Please understand that these providers are not our agents or personnel. They are third parties over whom FWA has no control. If you choose to receive services and/or products from these providers, you do so at your own risk and you are solely responsible for evaluating whether these providers and their services and/or products are appropriate for your use. Based on the foregoing, you waive any all claims you may have, now or in the future, known or unknown, against FWA and its parent and their affiliated entities arising out of these referrals and the products and services they offer.

Export, Import and Other Regulations. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that you will not export or import any Site content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Choice of Law and Venue. The interpretation and enforcement of these Terms will be governed by the law of the State of Texas. The parties agree that all actions or proceedings arising in connection with these Terms will be tried and litigated exclusively in the state or federal courts (if permitted by law and a party elects to file an action in federal court) located in Dallas, Denton, or Tarrant Counties, Texas. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in this paragraph. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or theory or to object to venue with respect to any proceeding brought in accordance with this paragraph.

Entire Agreement. These Terms, as may be amended from time-to-time by FWA, constitute the entire agreement between FWA and you pertaining to the subject matter hereof. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.