WhealthBot Terms of Use

Effective Date: 9/26/2023

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF WHEALTHCARE PLANNING, LLC, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE” AND “WE”) AND THE INFORMATION ON IT ARE CONTROLLED BY WHEALTHCARE PLANNING, LLC. THESE TERMS OF USE GOVERN THE USE OF THE WHEALTHBOT WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE WHEALTHBOT APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WHEALTHCARE PLANNING, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF WHEALTHCARE PLANNING YOU HAVE NAMED AS THE USER, AND TO BIND THAT WHEALTHCARE PLANNING TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES .

 

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT WHEALTHBOT’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL / IN ACCORDANCE WITH SECTION 9.5 BELOW.

 

PLEASE BE AWARE THAT SECTION 17 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WHEALTHBOT SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

 

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

 

The Services consist of the following, without limitation: providing applications, tools, models, and educational and training materials to individuals and financial advisers to more effectively serve and protect them and their families.

 

PLEASE NOTE THAT The Terms are subject to change by Whealthcare Planning in its sole discretion at any time. When changes are made, Whealthcare Planning will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). Whealthcare Planning may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

  1. Use of the Services and Whealthcare Planning Properties.The WhealthBot Application, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (collectively, the “Whealthcare Planning Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Whealthcare Planning grants you a limited license to reproduce portions of Whealthcare Planning Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Whealthcare Planning in a separate license, your right to use any Whealthcare Planning Properties is subject to the Terms.

1.1 Application License . Subject to your compliance with the Terms, Whealthcare Planning grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to, as applicable, download, install and use a copy of the Application on a computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

1.2 Updates . You understand that Whealthcare Planning Properties are evolving. As a result, Whealthcare Planning may require you to accept updates to Whealthcare Planning Properties that you have installed on your computer. You acknowledge and agree that Whealthcare Planning may update Whealthcare Planning Properties with or without notifying you. You may need to update third-party software from time to time in order to use Whealthcare Planning Properties.

1.3 Certain Restrictions . The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Whealthcare Planning Properties or any portion of Whealthcare Planning Properties, including the WhealthBot Application and Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Whealthcare Planning Properties (including images, text, page layout or form) of Whealthcare Planning; (c) you shall not use any metatags or other “hidden text” using Whealthcare Planning’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Whealthcare Planning Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Whealthcare Planning Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Whealthcare Planning Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Whealthcare Planning Properties. Any future release, update or other addition to Whealthcare Planning Properties shall be subject to the Terms. Whealthcare Planning, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Whealthcare Planning Properties terminates the licenses granted by Whealthcare Planning pursuant to the Terms.

 

1.4 Third-Party Materials . As a part of Whealthcare Planning Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Whealthcare Planning to monitor such materials and that you access these materials at your own risk.

 

  1. Registration.

2.1 Registering Your Account . In order to access certain features of Whealthcare Planning Properties you may be required to become a Registered WhealthBot User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).

2.2 Registration Data . In registering an account on the WhealthBot Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”). You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Whealthcare Planning Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Whealthcare Planning immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

2.3 Your Account . Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Whealthcare Planning.

 

  1. Responsibility for Content.

3.1 Types of Content . You acknowledge that all files, materials, data, text, audio, video, images or other content, including Whealthcare Planning Properties ( “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Whealthcare Planning, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ( “Make Available”) through Whealthcare Planning Properties (“Your Content”), and that you and other Users of Whealthcare Planning Properties, and not Whealthcare Planning, are similarly responsible for all Content they Make Available through Whealthcare Planning Properties (“User Content”).

3.2 No Obligation to Pre-Screen Content. You acknowledge that Whealthcare Planning has no obligation to pre-screen Content (including, but not limited to, User Content), although Whealthcare Planning reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Whealthcare Planning pre-screens, refuses or removes any Content, you acknowledge that Whealthcare Planning will do so for Whealthcare Planning’s benefit, not yours. Without limiting the foregoing, Whealthcare Planning shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

3.3 Storage . Unless expressly agreed to by Whealthcare Planning in writing elsewhere, Whealthcare Planning has no obligation to store any of Your Content that you Make Available on Whealthcare Planning Properties. Whealthcare Planning has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Whealthcare Planning Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Whealthcare Planning retains the right to create reasonable limits on Whealthcare Planning’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Whealthcare Planning in its sole discretion.

 

  1. Ownership.

4.1 Whealthcare Planning Properties . Except with respect to Your Content and User Content, you agree that Whealthcare Planning and its suppliers own all rights, title and interest in Whealthcare Planning Properties (including but not limited to, any checklists, studies and study results, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Whealthcare Planning Properties.

4.2 Other Content . Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Whealthcare Planning Properties.

4.3 Your Content . Whealthcare Planning does not claim ownership of Your Content. However, when you as a User post or publish Your Content on WhealthBot or any other Whealthcare Planning Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

4.4 Feedback . You agree that submission of any ideas, suggestions, documents, and/or proposals to Whealthcare Planning through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Whealthcare Planning has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Whealthcare Planning a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Whealthcare Planning Properties.

  1. User Conduct.As a condition of your use of the Whealthcare Planning Properties, you agree not to use Whealthcare Planning Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Whealthcare Planning Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Whealthcare Planning’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Whealthcare Planning; (vi) interferes with or attempt to interfere with the proper functioning of Whealthcare Planning Properties or uses Whealthcare Planning Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Whealthcare Planning Properties, including but not limited to violating or attempting to violate any security features of Whealthcare Planning Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Whealthcare Planning Properties, introducing viruses, worms, or similar harmful code into Whealthcare Planning Properties, or interfering or attempting to interfere with use of Whealthcare Planning Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Whealthcare Planning Properties.
  2. Investigations.Whealthcare Planning may, but is not obligated to, monitor or review Whealthcare Planning Properties and Content at any time. Without limiting the foregoing, Whealthcare Planning shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Whealthcare Planning does not generally monitor user activity occurring in connection with Whealthcare Planning Properties or Content, if Whealthcare Planning becomes aware of any possible violations by you of any provision of the Terms, Whealthcare Planning reserves the right to investigate such violations, and Whealthcare Planning may, at its sole discretion, immediately terminate your license to use Whealthcare Planning Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  3. Interactions with Other Users.

7.1 User Responsibility . You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Whealthcare Planning reserves the right, but has no obligation, to intercede in such disputes. You agree that Whealthcare Planning will not be responsible for any liability incurred as the result of such interactions.

7.2 Content Provided by Other Users . Whealthcare Planning Properties may contain User Content provided by other Users. Whealthcare Planning is not responsible for and does not control User Content. Whealthcare Planning has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

 

  1. Third-Party Services.

8.1 Third-Party Websites, Applications & Ads . Whealthcare Planning Properties may contain links to third-party websites (“Third-Party Websites”) and applications ( “Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Whealthcare Planning Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Whealthcare Planning. Whealthcare Planning is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Whealthcare Planning provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

  1. Fees and Purchase Terms.

9.1 General Purpose of Terms: Sale of Service, not Software . The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Whealthcare Planning’s software, and, furthermore, any use of Whealthcare Planning’s software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.

9.2 Payment . You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Whealthcare Planning or Braintree or Woocommerce, its third party payment processors, with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account ( “Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Whealthcare Planning or Braintree or Woocommerce with your credit card number or PayPal account and associated payment information, you agree that Whealthcare Planning or Braintree is authorized to immediately invoice your Account for all fees and charges due and payable to Whealthcare Planning hereunder and that no additional notice or consent is required. You agree to immediately notify Whealthcare Planning of any change in your billing address or the credit card or PayPal account used for payment hereunder. Whealthcare Planning reserves the right at any time to change its prices and billing methods, either immediately upon posting on Whealthcare Planning Properties or by e-mail delivery to you.

9.3 Service Subscription Fees . You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your annual package (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Whealthcare Planning for the Services until Whealthcare Planning accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

9.4 Taxes . Whealthcare Planning’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Whealthcare Planning, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Whealthcare Planning for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Whealthcare Planning is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9.5 Automatic Renewal . Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Whealthcare Planning’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Whealthcare Planning that your subscription will be automatically renewed, you will have thirty days from the date of the Whealthcare Planning notice), by logging into and going to your “My Account” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please go to the “My Account” page and click on “Unsubscribe” or “Cancel”. If you cancel your subscription, your subscription will expire immediately, and it will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Whealthcare Planning to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Whealthcare Planning does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Whealthcare Planning may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

9.6 Free Trials and Other Promotions . Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Whealthcare Planning to have the charges reversed.

9.7 Disputes . You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: support@whealthcareplan.com.

 

  1. Indemnification. You agree to indemnify and hold Whealthcare Planning, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Whealthcare Planning Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Whealthcare Planning Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Whealthcare Planning reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Whealthcare Planning in asserting any available defenses. This provision does not require you to indemnify any of the Whealthcare Planning Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Whealthcare Planning Properties.
  2. Disclaimer of Warranties and Conditions.

11.1 As Is . YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF WHEALTHBOT OR ANY OTHER WHEALTHCARE PLANNING PROPERTIES IS AT YOUR SOLE RISK, AND WHEALTHCARE PLANNING PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WHEALTHCARE PLANNING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

(a) WHEALTHCARE PLANNING PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) WHEALTHCARE PLANNING PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF WHEALTHCARE PLANNING PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF WHEALTHCARE PLANNING PROPERTIES WILL BE ACCURATE OR RELIABLE.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH WHEALTHCARE PLANNING PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS WHEALTHCARE PLANNING PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WHEALTHCARE PLANNING MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WHEALTHCARE PLANNING OR THROUGH WHEALTHCARE PLANNING PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(e) From time to time, Whealthcare Planning may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Whealthcare Planning’s sole discretion. The provisions of this section apply with full force to such features or tools.

11.2 No Liability for Conduct of Third Parties . YOU ACKNOWLEDGE AND AGREE THAT WHEALTHCARE PLANNING PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WHEALTHCARE PLANNING PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

11.3 No Liability for Conduct of Other Users . YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF WHEALTHCARE PLANNING PROPERTIES. YOU UNDERSTAND THAT WHEALTHCARE PLANNING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF WHEALTHCARE PLANNING PROPERTIES.

11.4 No Medical Advice. WHEALTHCARE PLANNING DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH WHEALTHCARE PLANNING PROPERTIES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE SCENARIOS. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH WHEALTHCARE PLANNING PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.

11.5 No Financial Advice. THE INFORMATION PROVIDED ON WHEALTHCARE PLANNING PROPERTIES IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL OR FINANCIAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY OR OTHER PROFESSIONAL TO DETERMINE WHAT MAY BE BEST FOR YOUR INDIVIDUAL NEEDS. WHEALTHCARE PLANNING DOES NOT MAKE ANY GUARANTEE OR OTHER PROMISE AS TO ANY RESULTS THAT MAY BE OBTAINED FROM USING OUR CONTENT. NO ONE SHOULD MAKE ANY INVESTMENT DECISION WITHOUT FIRST CONSULTING HIS OR HER OWN FINANCIAL ADVISOR AND CONDUCTING HIS OR HER OWN RESEARCH AND DUE DILIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEALTHCARE PLANNING DISCLAIMS ANY AND ALL LIABILITY IN THE EVENT ANY INFORMATION, COMMENTARY, ANALYSIS, OPINIONS, ADVICE AND/OR RECOMMENDATIONS PROVE TO BE INACCURATE, INCOMPLETE OR UNRELIABLE, OR RESULT IN ANY INVESTMENT OR OTHER LOSSES.

 

  1. Limitation of Liability.

12.1 Disclaimer of Certain Damages . YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WHEALTHCARE PLANNING PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH WHEALTHCARE PLANNING PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WHEALTHCARE PLANNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF WHEALTHCARE PLANNING PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A WHEALTHCARE PLANNING PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHEALTHCARE PLANNING PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WHEALTHCARE PLANNING PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.2 Cap on Liability . UNDER NO CIRCUMSTANCES WILL WHEALTHCARE PLANNING PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Whealthcare Planning by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A WHEALTHCARE PLANNING PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHEALTHCARE PLANNING PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WHEALTHCARE PLANNING PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.3 User Content . EXCEPT FOR WHEALTHCARE PLANNING’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE WHEALTHCARE PLANNING’S PRIVACY POLICY, WHEALTHCARE PLANNING ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

12.4 Basis of the Bargain . THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHEALTHCARE PLANNING AND YOU.

 

  1. Procedure for Making Claims of Copyright Infringement.It is Whealthcare Planning’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Whealthcare Planning by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Whealthcare Planning Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Whealthcare Planning Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) 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 authorized to act on the copyright owner’s behalf. Contact information for Whealthcare Planning’s Copyright Agent for notice of claims of copyright infringement is as follows: Whealthcare Planning, LLC, Attn: CEO, 45 Hay Road, Belmont, MA.
  2. Remedies.

 

14.1 Violations . If Whealthcare Planning becomes aware of any possible violations by you of the Terms, Whealthcare Planning reserves the right to investigate such violations. If, as a result of the investigation, Whealthcare Planning believes that criminal activity has occurred, Whealthcare Planning reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Whealthcare Planning is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Whealthcare Planning Properties, including Your Content, in Whealthcare Planning’s possession in connection with your use of Whealthcare Planning Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Whealthcare Planning, its Users or the public, and all enforcement or other government officials, as Whealthcare Planning in its sole discretion believes to be necessary or appropriate.

14.2 Breach . In the event that Whealthcare Planning determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Whealthcare Planning Properties, Whealthcare Planning reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to Whealthcare Planning) that you have violated the Terms;

(b) Delete any of Your Content provided by you or your agent(s) to Whealthcare Planning Properties;

(c) Discontinue your registration(s) with the any of Whealthcare Planning Properties, including any Services;

(d) Discontinue your subscription to any Services;

(e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(f) Pursue any other action which Whealthcare Planning deems to be appropriate.

 

  1. Term and Termination.

15.1 Term . The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Whealthcare Planning Properties, unless terminated earlier in accordance with the Terms.

15.2 Prior Use . Notwithstanding the foregoing, if you used Whealthcare Planning Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Whealthcare Planning Properties (whichever is earlier) and will remain in full force and effect while you use Whealthcare Planning Properties, unless earlier terminated in accordance with the Terms.

15.3 Termination of Services by Whealthcare Planning . The Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Whealthcare Planning is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Whealthcare Planning has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Whealthcare Planning’s sole discretion and that Whealthcare Planning shall not be liable to you or any third party for any termination of your Account.

15.4 Termination of Services by You . If you want to terminate the Services provided by Whealthcare Planning, you may do so by choosing to close your account directly, through the My Account page, for all of the Services that you use. Your notice should be sent, in writing, to Whealthcare Planning’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 9.5.

15.5 Effect of Termination . Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Whealthcare Planning will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

15.6 No Subsequent Registration . If your registration(s) with or ability to access Whealthcare Planning Properties is discontinued by Whealthcare Planning due to your violation of any portion of the Terms or for conduct otherwise inappropriate, then you agree that you shall not attempt to re-register with or access Whealthcare Planning Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Whealthcare Planning Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Whealthcare Planning reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

 

  1. International Users. Whealthcare Planning Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Whealthcare Planning intends to announce such Services or Content in your country. Whealthcare Planning Properties are controlled and offered by Whealthcare Planning from its facilities in the United States of America. Whealthcare Planning makes no representations that Whealthcare Planning Properties are appropriate or available for use in other locations. Those who access or use Whealthcare Planning Properties from other countries do so at their own volition and are responsible for compliance with local law.
  2. Dispute Resolution.Please read the following arbitration agreement in this Section (“ Arbitration Agreement ”) carefully. It requires you to arbitrate disputes with Whealthcare Planning and limits the manner in which you can seek relief from us.

17.1 Applicability of Arbitration Agreement . You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Whealthcare Planning, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Whealthcare Planning may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH WHEALTHCARE PLANNING, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST WHEALTHCARE PLANNING ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE WHEALTHCARE PLANNING IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

17.2 Arbitration Rules and Forum . The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Whealthcare Planning, LLC, Attn: CEO, 45 Hay Road, Belmont, MA, 02478. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ ; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/ . JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Whealthcare Planning will pay them for you. In addition, Whealthcare Planning will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Whealthcare Planning will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

17.3 Authority of Arbitrator . The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Whealthcare Planning. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

17.4 Waiver of Jury Trial . YOU AND WHEALTHCARE PLANNING HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Whealthcare Planning are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

17.5 Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 18.7.

17.6 30-Day Right to Opt Out . You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Whealthcare Planning, 45 Hay Road, Belmont, MA 02478 or emailing support@whealthcareplan.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Whealthcare Planning username (if any), the email address you used to set up your Whealthcare Planning account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

17.7 Severability . If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

17.8 Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with Whealthcare Planning.

17.9 Modification . Notwithstanding any provision in this Agreement to the contrary, we agree that if Whealthcare Planning makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Whealthcare Planning.

 

  1. General Provisions.

18.1 Electronic Communications . The communications between you and Whealthcare Planning use electronic means, whether you visit Whealthcare Planning Properties or send Whealthcare Planning e-mails, or whether Whealthcare Planning posts notices on Whealthcare Planning Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Whealthcare Planning in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Whealthcare Planning provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

18.2 Release . You hereby release Whealthcare Planning Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Whealthcare Planning Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Whealthcare Planning Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Whealthcare Planning Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

18.3 Assignment . The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Whealthcare Planning’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

18.4 Force Majeure . Whealthcare Planning shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18.5 Questions, Complaints, Claims . If you have any questions, complaints or claims with respect to Whealthcare Planning Properties, please contact us at: support@whealthcareplan.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

18.6 Exclusive Venue . To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Whealthcare Planning agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of Delaware.

18.7 Governing Law . The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of DELAWARE, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18.8 Notice . Where Whealthcare Planning requires that you provide an e-mail address, you are responsible for providing Whealthcare Planning with your most current e-mail address. In the event that the last e-mail address you provided to Whealthcare Planning is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Whealthcare Planning’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Whealthcare Planning at the following address: support@whealthcareplan.com. Such notice shall be deemed given when received by Whealthcare Planning by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

18.9 Waiver . Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

18.10 Severability . If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18.11 Export Control . You may not use, export, import, or transfer Whealthcare Planning Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Whealthcare Planning Properties, and any other applicable laws. In particular, but without limitation, Whealthcare Planning Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Whealthcare Planning Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Whealthcare Planning Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Whealthcare Planning are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Whealthcare Planning products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

18.12 Consumer Complaints. In accordance with the Delaware Consumer Fraud Act and Deceptive Trade Practices Act, you may report complaints to the Delaware Department of Justice, Consumer Protection Division, Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801 or by email to consumer.protection@state.de.us.

18.13 Entire Agreement . The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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