The terms “us” or “we” or “our” refers to White Lighthouse Investment Management, Inc. (“WLIM”) The terms “you” or “your” refers to you as a user of this Website.
We may modify these Terms at any time without notice to you. The latest Terms will be posted on our Website. By using the website after we have posted modifications, you agree to be bound by the modifications. If you do not accept the Terms as modified, do not continue to use the Website.
We grant you a limited, non-exclusive, non-transferable, revocable license, without any right to sublicense, to use our Website strictly in accordance with the Terms. You may use the Website solely for personal, non-commercial purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. Commercial use of any content on the Website is absolutely forbidden. You may not print out or use an electronic version of any part of our Website. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of any state or federal law.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website. In addition, you agree not to manipulate or otherwise display the Website by using framing or similar navigational technology. You agree not to access the Website by any means other than through the standard industry-accepted interfaces. You will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, interrupt, over burden, or impair the Website or WLIM’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so.
OUR RELATIONSHIP TO YOU
You and we are independent contractors. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us.
OUR INTELLECTUAL PROPERTY
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. We will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the DMCA. If you believe our Content infringes any of your copyrights, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send this information to us as follows:
By email: firstname.lastname@example.org
By fax: +1 508 519 8432
By mail: White Lighthouse Investment Management, Inc.
Attn: Copyright Agent
Address: 5 Militia Drive – Suite 205
Lexington, MA 02421
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the same method of contact you used to file your notice with us.
[WLIM has sole right and discretion to determine whether to accept a Client, and may reject a Client with or without explanation.
If you become a Client, you will receive a password that will allow you to access to a secure section of our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.]
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
Your use of the Website creates no professional relationship of any kind between you and WLIM. Nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice to or for you. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website.
We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website.
Under no circumstances will WLIM be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from your or anyone’s use of our Website.
We reserve the right to change any and all Content, software and other items used or contained in our Website, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website or by third parties.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WLIM WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. WE DO NOT REPRESENT OR WARRANT THAT OUR CONTENT, OR ANY SOFTWARE FOUND WITHIN OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND RELATED SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WLIM. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
USE OF INFORMATION
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We may assign these Terms and our rights hereunder, in whole or in part, to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise. You may not assign, sublicense, or delegate any of your rights hereunder.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
LINKING TO OUR WEBSITE
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal, immoral or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
LINKS TO OTHER WEBSITES
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. In no event shall we be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
You agree to indemnify, defend and hold us and our agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including reasonable attorney’s fees, related to your violation of this Agreement, your infringement of any copyright or any other intellectual property rights of any third person or use of our Website. This provision shall survive the termination of these Terms for any reason.
Any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations or protection of our intellectual property, shall be settled solely by binding arbitration in accordance with the expedited Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Boston, Massachusetts, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within twelve (12) months after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.