WEALTH & PLANNING NETWORK
SUBSCRIBER ACKNOWLEDGEMENT AND TERMS OF USE
- The Service. Wealth & Business Planning Network (“Wealth Planning Network”)
Provides a Financial Information Web Site (as hereinafter described) (the “Service”) to subscribers who sign up for the Service on Wealth Planning Network’s internet website (the “Site”), available solely to registered and/or authorized subscribers of the Site (“Subscriber” or “you” or “your”) who agree to be bound by this Subscriber Acknowledgement and Terms of Use (this “Agreement”). The different components and aspects of the Service are further described in this Agreement and in each Subscriber agrees, by agreeing to this Agreement, that he or she shall abide by the terms and conditions of any particular aspect of the Service in which Subscriber chooses to participate. In addition, particular aspects or features of the Service may have different or additional terms, which will be disclosed to you when you access those aspects or features on the Site. Such special terms are incorporated into this Agreement with respect to such aspects or features. If there is a conflict between the terms of this Agreement and the special terms, the special terms will govern the respect to such aspects or features. By accessing and using the Site, you are agreeing to be bound by the terms of this Agreement and the further terms and conditions of each aspect or feature of the Service you may determine to participate in or purchase, as more particularly described to the Site. If you do not agree with any particular part of this Agreement, you must immediately discontinue any use of the Site related to the Service. This Agreement may change from time to time, at Wealth Planning Network’s sole discretion, without notice and it is your responsibility to check the Site for updates.
Without limiting the specific aspects of the Service offered by Wealth & Business Planning Network (as further described herein and on the Site), the features of the Service include:
(i) assisting you with service providers (i.e., wealth planner, trust company and/or custodians) so that you can monitor your investment programs (as pre-determined by you). Each Subscriber is expected to know his or her own wealth or finacial plan and investment portfolio objectives when utilizing the Service, the purpose of the Service is to assist you in identifying one or more service providers to implement a Subscriber’s pre-determined investment portfolio decisions. No specific investment related recommendations tailored to any Subscribers specific needs shall be made by any Wealth & Business Planning Network employee assisting you with the Service (such person, a “Servicer”). You are encouraged to obtain financial service and/or advice from the corresponding legal, accounting and/or investment advisory professionals of your choice if, while consulting with a Servicer, certain questions or issues arise related to financial planning, investment advice or specific investment or securities choices; no Servicer is permitted to advise you related to any such matters. You are advised that you have the sole authority with regard to the implementation, acceptance, or rejection of any matters (this is, choices of the trustee, broker-dealers or custodians) on which the Servicer may advise; and
(ii) once you have chosen your service provider, the Servicer may assist you in completing the implementation associated with engaging your chosen service provider. While the Servicer will assist you i completing such documentation, you will be responsible for deciding, if applicable, your own wealth or financial plan and investment suitability parameters and/or investment objectives.
For further information on the Service, please refer to the Site.
There are other features and aspects of the Service not specified above but which you will find on the Site. You agree to be bound by the terms and conditions of each feature and aspect of the Service, such agreement inferred by your use of the Site.
- Scope of Engagement. The limited scope and nature of the Service is defined by the following:
(a) The Subscriber acknowledges and understands that Wealth Planning Network’s and its members Services does not include legal advice, accounting advice, business , wealth or financial planning services, investment advice, investment supervisory or management services, nor any review (regular or otherwise) or monitoring of a Subscriber’s credit , investments or investment portfolio. No aspect of the Service shall be tailored to any Subscriber’s specific investment portfolio or any particular financial planning need of any Subscriber. Wealth & Business Planning Network is not registered with any federal or state regulatory agency as an investment advisor or as a securities broker-dealer. No specific investment or wealth planning related recommendations tailored to any Subscriber’s specific needs shall be made by the Servicer. Neither Wealth & Business Planning Network nor any of its members, employees, officers, principals or associated person(s) provide investment implementation services. To the extent that the Subscriber determines it requires or desires financial advice of any sort, the Subscriber is encouraged to obtain services and/or advice from the corresponding legal, accounting, wealth or investment advisory professionals of his or her choosing.
(b) The Subscriber acknowledges and agrees that the Service (i) is entirely impersonal in nature in that it is not tailored to any specific wealth plan or investment portfolio of any Subscriber, and (ii) has not, is not and will not develop into a fiduciary person-person relationship with any Subscriber.
(c) The Subscriber acknowledges that he or she has the sole authority with regard to the implementation, acceptance, or rejection of any matters related to the Service. The Subscriber is encouraged to obtain securities brokerage, wealth planning, investment management, insurance, legal, and/or accounting advice or services from any professional source of his/her choosing. Subscriber will retain absolute discretion over all implementation decisions.
(d) To the fullest extent permitted by applicable law, Subscriber hereby releases and discharges Wealth Planning Network, and its members, employees, officers, advisors and affiliates from any and all liability for any losses arising from the Subscriber’s direct or indirect use of the information related to the Service, whether or not caused in whole or in part by Wealth Planning Network’s negligence or by contingencies within or beyond Wealth Planning Network’s control, and agrees to indemnify Wealth & Business Planning Network for any losses related to such liabilities.
(e) Wealth & Business Planning Network is providing the Site and the Service on an “as is” basis and makes no representations or warranties of any kind whatsoever with respect to the Site and the Service, including with respect to the use or suitability of the Site and the Service, for any purpose. Wealth & Business Planning Network disclaims all warranties, representations and conditions regarding the Site and the Service, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from the libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from the course of dealing, usage or trade practice.
- Acknowledgement. All Services are provided by Wealth & Business Planning Network to the Subscriber via the Site. Subscribers do not receive legal advice, accounting advice, financial planning services, investment advice, investment supervisory or management services, nor any review (regular or otherwise) or monitoring of a Subscriber’s investments, therefore, the Subscriber should not assume that his or her participation in the Service serves as a substitute for individual personalized advice from an investment advisor or financial planner. Subscribers maintain absolute discretion as to whether or not to follow any proposed objective recommendations, or any portion thereof, related to which broker/dealers and/or custodians may be appropriate for a particular Subscriber or related to filling out and completing any paperwork related to a service provider. Wealth & Business Planning Network does not offer or provide initial or ongoing individual personalized advice (neither in person nor via the Site).
- The Site. Additional terms, conditions and important disclosure information relative to the Service is set forth on the Site at www.wbplannetwork.com. Under the link “Disclaimer” and should be thoroughly reviewed by Subscriber.
- Assignment. This Agreement may not be assigned by the Subscriber without the prior written consent of Wealth Planning Network.
- Arbitration. THIS AGREEMENT HAS BINDING ARBITRATION PROVISION. Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to the Services, both Wealth & Business Planning Network and Subscriber agree to submit the dispute to arbitration in Chester County Pa.. Wealth & Business Planning Network and Subscriber understand that such arbitration shall be final and binding, and that by agreeing to arbitration, both Wealth & Business Planning Network and Subscriber are waiving their respective rights to seek remedies in court, including the right to a jury trial. Subscriber acknowledges that he/she/it has had a reasonable opportunity to review and consider this arbitration provision prior to accepting this Agreement. Subscriber acknowledges and agrees that in the specific event of non-payment of any portion of Wealth & Business Planning Network’s fee pursuant to the Site, or in the event of any arbitrator determines that any arbitration initiated by the Subscriber was frivolous, Wealth and Business Planning Network, in addition to the aforementioned arbitration remedy, shall be free to pursue all other legal remedies available to it under law, and shall be entitled to the reimbursement of reasonable attorneys fees and other costs of collection.
- Privacy Notice. The Subscriber acknowledges prior receipt (via the Site) of Wealth & Business Planning Network’s Privacy Notice.
- Applicable Law. This Agreement supersedes and replaces, in its entirety, all previous written and/or oral acknowledgements or agreement(s) (if any) between the Subscriber and Wealth & Business Planning Network related to the Service. To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws or the Commonwealth of Pennsylvania. In addition, to the extent not inconsistent with applicable law (or the arbitration provision provided in Section 6), the venue (i.e location) for the resolution of any dispute or controversy between Subscriber and Wealth & Business Planning Network shall be conducted in the County of Chester, Commonwealth of Pennsylvania.
- Authority. The Subscriber acknowledges that he or she has (have) all requisite legal authority to execute this Agreement. The Subscriber correspondingly agrees to immediately notify Wealth & Busiess Planning Network, in writing, if this representation should change.
- Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall still be valid.
- Copyright and Trademark. Unless specifically stated in conjunction with particular aspect of the Service, all material related to the Service is copyrighted by Wealth & Business Planning Network. All trade names, trademarks, service marks and other product and service names and logos related to the Service are the propriety trademarks of Wealth & Business Planning Network and are protected by applicable trademark and copyright laws.