SEC Marketing Rule sponsored by Wealthtender SEC Marketing Rule sponsored by Wealthtender
SEC Marketing Rule sponsored by Wealthtender

SECMarketingRule.com

Terms of Service

Last Updated: April 12, 2024

Welcome to SECMarketingRule.com.  SECMarketingRule.com (“SECMarketingRule.com” or “Wealthtender“) is a platform that publishes educational content created by the sponsor of the platform, Wealthtender, and industry experts (“Contributors“) to help registered investment advisers and industry stakeholders (“Participants” or “you”) achieve regulatory compliance with the SEC Marketing Rule. The website at secmarketingrule.com  (the “Site”) is being made available to you and the other Participants and Contributors, and the other users of any of the SECMarketingRule.com website. All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.

To make SECMarketingRule.com content free for readers, we acknowledge that the sponsor of this site, Wealthtender, and unaffiliated contributors, operate for-profit businesses offering services designed to help registered investment advisers and industry stakeholders achieve regulatory compliance. Accordingly, educational content published on this website will often include promotional material and offers of services that benefit the site’s sponsor and contributors.

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF THE SITE, AND YOUR PUBLICATION OF, OR ACCESS TO, ANY SECMARKETINGRULE.COM CONTENT. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR ORGANIZATION, AND ANY OTHER USER ACCESSING AND USING THE SECMARKETINGRULE.COM WEBSITE ON BEHALF OF SUCH ORGANIZATION. BY CLICKING “I AGREE”, DOWNLOADING, USING, CONFIGURING OR ACCESSING THE SITE, PUBLISHING OR ACCESSING ANY SECMARKETINGRULE.COM CONTENT OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE FOR AND ON BEHALF OF YOURSELF (AND YOUR ORGANIZATION), AND ARE DOING SO, (B) YOU (AND YOUR ORGANIZATION) CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR ORGANIZATION) AND EACH USER SHALL BE BOUND BY THESE TERMS OF SERVICE AND SECMARKETINGRULE.COM’S PRIVACY POLICY (https://secmarketingrule.com/privacy-policy/)(THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SECMARKETINGRULE.COM WEBSITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against SECMarketingRule.com to binding and final arbitration. You will only be permitted to pursue claims against SECMarketingRule.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1.                   ELIGIBILITY.

To access and use the SECMarketingRule.com website, the Site and the other SECMarketingRule.com Services and to publish or access any SECMarketingRule.com Content, you must be at least 18 years of age. BY READING, DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SECMARKETINGRULE.COM WEBSITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES OR PUBLISHING OR ACCESSING ANY SECMARKETINGRULE.COM CONTENT, YOU REPRESENT THAT: 

  • YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE SECMARKETINGRULE.COM WEBSITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES; 
  • YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SECMARKETINGRULE.COM; 
  • YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
  • YOU ARE NOT A COMPETITOR OF SECMARKETINGRULE.COM AND DO NOT INTEND TO USE THE SECMARKETINGRULE.COM WEBSITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES FOR REASONS THAT ARE IN COMPETITION WITH SECMARKETINGRULE.COM OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER SECMARKETINGRULE.COM SERVICES FOR ANY REASON.

2.                   PRIVACY.

Your privacy is important to SECMarketingRule.com. Our goal is to make the SECMarketingRule.com website and the other SECMarketingRule.com Services as good, useful and rewarding for you as possible. In order to do that, SECMarketingRule.com may collect and process information from you when you use the SECMarketingRule.com website or any of the other SECMarketingRule.com Services. Wealthtender will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing or using the SECMarketingRule.com website or any of the other SECMarketingRule.com Services, you agree that SECMarketingRule.com may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when you access and use the SECMarketingRule.com website or  any of the other SECMarketingRule.com Services, and in some cases, information that is provided by or through any of the SECMarketingRule.com Services. 

3.                   THE SECMARKETINGRULE.COM COMMUNITY.

3.1       Accessing and Using the SECMarketingRule.com Website.

You do not need to register, create an account or pay any fees to view educational articles, directories and other publicly available content published on SECMarketingRule.com.

Certain SECMarketingRule.com Services may require registration or creation of an account, including commenting on articles and participating in online community forums.

3.2       SECMarketingRule.com Content

Any SECMarketingRule.com Content and other information published on the SECMarketingRule.com website is for reference purposes only, is generic in nature, is not intended as individual advice, and is not financial or legal advice. Much of the SECMarketingRule.com Content and other information published on the SECMarketingRule.com website is provided by independent Contributors. All such SECMarketingRule.com Content and other information is accepted “as is.” We do not warrant the accuracy, completeness or usefulness of the SECMarketingRule.com Content or this information. Any use of, or reliance you place on, such SECMarketingRule.com Content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on SECMarketingRule.com Content by you or any other visitor to the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, or by anyone who may be informed of any of such SECMarketingRule.com Content or information. SECMarketingRule.com shall not be obligated to correct or update the SECMarketingRule.com Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the SECMarketingRule.com website or any of the SECMarketingRule.com Services.

4.                   LICENSE GRANT; UNAUTHORIZED USE.

4.1       License Grant.

Subject to your compliance with all the terms and conditions set out in these Terms, SECMarketingRule.com hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the SECMarketingRule.com Content, the Site, and the other SECMarketingRule.comServices, to the extent of, and in accordance with, these Terms.

4.2       Restrictions on the Right to Use.

Unless otherwise expressly stated in these Terms or you receive SECMarketingRule.com’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any SECMarketingRule.com Content, except as follows:

  • Your computer may temporarily store copies of such SECMarketingRule.com Content in RAM incidental to your accessing and viewing it.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of SECMarketingRule.com Content for your own personal, non-commercial use, provided that you do not delete or alter any of copyright, trademark or other proprietary rights notices from copies of such SECMarketingRule.com Content, and you do not further use, reproduce, publicize or distribute any SECMarketingRule.com Content.
  • You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, promotion or endorsement on our part, unless you first obtain our express written consent.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Otherwise take any action with respect to the SECMarketingRule.com Content and other information on the SECMarketingRule.com Site that is inconsistent with any other provision of these Terms or the Privacy Policy.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Without limitation, you shall not:

  • Modify copies of SECMarketingRule.com Content.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any of copyright, trademark or other proprietary rights notices from copies of SECMarketingRule.com Content.

If you wish to make any use of any SECMarketingRule.com Content other than as set forth in these Terms, please submit your request to the sponsor of SECMarketingRule.com: support@wealthtender.com.

If you violate any of these restrictions, SECMarketingRule.com may immediately terminate your right to use and access the SECMarketingRule.com Content and any of the SECMarketingRule.com Services. Any use of the SECMarketingRule.com Site, the SECMarketingRule.com Content and any of the SECMarketingRule.com Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. 

4.3   Prevention of Unauthorized Use.

SECMarketingRule.com reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the SECMarketingRule.com Content or the circumvention of the other SECMarketingRule.com Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

5.                   DIRECTORY.

The Directory allows Contributors who wish to participate (a “Participating Contributor”) to create a profile page and provide other content and information to Participants and other Users. Participation in the Directory is subject to all Terms of Service.

SECMarketingRule.com does not recommend or endorse any Participating Contributor.

The Participating Contributors are solely responsible for any content and other information that they include on their profile page or through the Directory (collectively, the “Directory Information”). We do not warrant the accuracy, completeness or usefulness of the Directory Information. Any use of, or reliance you place on, such Directory Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Directory Information by you or any other visitor to the Directory, or by anyone who may be informed of any of such Directory Information. SECMarketingRule.com nor Wealthtender shall be obligated to correct or update any Directory Information and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Directory Information.

6.                   ADDITIONAL POLICIES.

When requesting, accessing or using the SECMarketingRule.com website or any of the other SECMarketingRule.com Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Site and the other SECMarketingRule.com Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

7.     RESPECTING OTHER PEOPLE’S RIGHTS.

SECMarketingRule.com respects the rights of others and so should you. You therefore shall:

  • treat all Users with respect, including all other Participants and Contributors, and
  • not post or send any User Content (as defined below) that (a) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right, (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Wealthtender in its sole discretion (c) that is false, misleading, untruthful or inaccurate, (d) includes anyone’s identification documents or sensitive financial information, (e) impersonates any person or entity, including any of SECMarketingRule.com staff or Wealthtender’s employees or representatives, or (f) spams or solicits any Users, including any or other Customers.

8.                   MODIFICATION OF THESE TERMS.

SECMarketingRule.com reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or any of the other SECMarketingRule.com Services. If SECMarketingRule.com updates these Terms, it will update the “last updated” date at the top of the Terms.  Please check these Terms, including any Policies, periodically for changes. Your continued use of the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), SECMarketingRule.com will use commercially reasonable efforts to notify you of such change. SECMarketingRule.com may provide notice through a pop-up or banner within any of the SECMarketingRule.com Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, SECMarketingRule.com may require you to provide consent by accepting the changed Terms. If SECMarketingRule.com requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by SECMarketingRule.com, such amended Terms or fees will automatically be effective, replacing the previously effective Terms or fees, thirty (30) days after they are initially posted on any of the SECMarketingRule.com Services.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL SECMARKETINGRULE.COM SERVICES.

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

9.                   DIGITAL MILLENNIUM COPYRIGHT ACT.

We are committed to complying with U.S. copyright and related laws, and we require all of our Contributors and other Users who disseminate content through the SECMarketingRule.com website and the other SECMarketingRule.com Services to comply with these laws.  Accordingly, all Contributors and other Users (including you) may not disseminate any material or content using the SECMarketingRule.com website or the other SECMarketingRule.com Services in any manner that constitutes an infringement of third-party  intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the SECMarketingRule.com website and the other SECMarketingRule.com Services if any such Contributor or other User is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. 

Our designated agent to whom you should address such notice is the sponsor of this website: copyright@wealthtender.com.

If you believe that content that you or a third party owns has been used via the SECMarketingRule.com website or the other SECMarketingRule.com Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located;
  • your address, telephone number, email address or other information reasonably sufficient to permit us to contact you;
  • if possible, information sufficient to allow SECMarketingRule.com to notify the owner/administrator of the allegedly infringing content;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

If we remove or disable access to allegedly infringing material, we will make a good-faith attempt to contact the person who submitted the affected material or content so that they may make a counter notification in accordance with Sections 512(g)(2) and (3) of the DMCA.

SECMarketingRule.com reserves the right to terminate without notice any Contributor’s or other User’s access to the SECMarketingRule.com Site and the other SECMarketingRule.com Services if that Contributor or other User is determined by SECMarketingRule.com to be a “repeat infringer.” In addition, SECMarketingRule.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. 

10.               USER CONTENT.

10.1        Limited License Grant to SECMarketingRule.com.

The SECMarketingRule.com Site may now or in the future permit the submission and/or posting of articles, comments and other information in directory listings, blog posts, on the community forum or with respect to any SECMarketingRule.com Content by you or other Users, in each case whether or not made available to other Users (“User Content”). By uploading, providing, posting, distributing or disseminating any such User Content to or through the SECMarketingRule.com Website, you hereby grant to SECMarketingRule.com a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your User Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the operation, maintenance and support of the SECMarketingRule.com Site and the other SECMarketingRule.com Services.

10.2       User Content and Confidential Information.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your User Content and the consequences of posting any User Content. By uploading and publishing your User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to post this User Content; (b) your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (iii) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the SECMarketingRule.com Services. Violators of these third-party rights may be subject to criminal and civil liability. SECMarketingRule.com reserves all rights and remedies against any Users who violate these Terms. 

10.3       Content Disclaimer.

You understand that when using the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, you may be exposed to SECMarketingRule.com Content, User Content or other materials from a variety of sources, and that SECMarketingRule.com is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such SECMarketingRule.com Content, User Content and other content. You further understand and acknowledge that you may be exposed to SECMarketingRule.com Content, User Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SECMarketingRule.com with respect thereto. SECMarketingRule.com does not endorse any SECMarketingRule.com Content, User Content and other material or any opinion, recommendation or advice expressed therein, and SECMarketingRule.com expressly disclaims any and all liability in connection with such SECMarketingRule.com Content, User Content and other materials. If notified by a User or a content owner of any SECMarketingRule.comContent, User Content or other content or materials that allegedly do not conform to these Terms, SECMarketingRule.com may investigate the allegation and determine what recourse (if any) it might have. For clarity, SECMarketingRule.com does not permit copyright infringing activities on or through any of the SECMarketingRule.com Services.

11.               PROHIBITED CONDUCT.

BY REQUESTING, ACCESSING OR USING THE SECMARKETINGRULE.COM SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES YOU AGREE NOT TO:

11.1     Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);

11.2     Accessing or using the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the SECMarketingRule.com Content or using the SECMarketingRule.com Site as part of a service bureau or outsourcing offering;

11.3     Provide any services, directly or indirectly, that are similar to, or based on, the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services;  

11.4     Copy, disclose, or distribute any data or other information available through the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, including any SECMarketingRule.com Content and/or information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”

11.5     Interfere with, circumvent or disable any security or other technological features or measures of any of the SECMarketingRule.com Services or attempt to gain unauthorized access to any of the SECMarketingRule.com Services or its related systems or networks;

11.6     Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Participants and/or Contributors) of any of the SECMarketingRule.com Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);

11.7     Use bots or other automated methods to: access the SECMarketingRule.com Site, any of the SECMarketingRule.com Content and/or any of the SECMarketingRule.com Services, download any information, send or redirect messages or perform any other activities through any of the SECMarketingRule.com Services;

11.8     Take any action that SECMarketingRule.com determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;

11.9     Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other SECMarketingRule.com Services;

11.10   Collect or derive any personally identifiable information, including names, email addresses from the SECMarketingRule.com Site and/or any of the other SECMarketingRule.com Services except as may be expressly contemplated by these Terms and the Privacy Policy;

11.11 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

11.12   Use the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or

11.13   Use the SECMarketingRule.com Services for any commercial solicitation purposes.

12.               THIRD-PARTY SITES.

The SECMarketingRule.com Services may include links, directory listings or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These links, directory listings or references may include affiliate marketing, sponsored posts, the websites referenced or owned by our Contributors, other unaffiliated websites that we think may be of interest to our Users and billing and payment services. SECMarketingRule.com does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the SECMarketingRule.com Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

13.       MOBILE AND DATA SERVICES.

You are responsible for any mobile and data charges that you may incur for using the SECMarketingRule.com Site or any of the SECMarketingRule.com Services. If you’re unsure what those charges may be, you should ask your service provider before using any of the SECMarketingRule.com Services. 

14.               TERMINATION; TERMS OF USE VIOLATIONS.

14.1     SECMarketingRule.com.

You agree that SECMarketingRule.com in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services or any account (or any part thereof) that you may have with SECMarketingRule.com and remove and discard all or any part of your account, user profile, at any time. SECMarketingRule.com may also in its sole discretion and at any time prohibit you from accessing and using the SECMarketingRule.com Site or discontinue providing access to the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services or any account you may have or portion thereof may be effected without prior notice, and you agree that SECMarketingRule.com will not be liable to you or any third party for any such termination. SECMarketingRule.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SECMarketingRule.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.  Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that SECMarketingRule.com may have at law or in equity. As provided herein, SECMarketingRule.com does not permit copyright infringing activities on the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, and SECMarketingRule.com shall be permitted to terminate access to the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD SECMARKETINGRULE.COM HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SECMARKETINGRULE.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEALTHTENDER OR LAW ENFORCEMENT AUTHORITIES.

14.2     You.

Your only remedy with respect to any dissatisfaction with (i) the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services, (ii) any term of these Terms, (iii) any policy or practice of SECMarketingRule.com in operating the SECMarketingRule.com Site or the other SECMarketingRule.com Services, or (iv) any SECMarketingRule.com Content or User Content viewable through the SECMarketingRule.com Site, is to terminate your use of the SECMarketingRule.com Services and your account (if any). You may terminate your use of the SECMarketingRule.com Services and your account (if any) at any time. After such termination, you must refrain from use of the SECMarketingRule.com Services until authorized by SECMarketingRule.com.

15.               OWNERSHIP; PROPRIETARY RIGHTS.

The SECMarketingRule.com Site and the other SECMarketingRule.com Services are owned and operated by SECMarketingRule.com and its sponsor, Wealthtender. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the SECMarketingRule.com Services provided by SECMarketingRule.com (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services are the property of Wealthtender or its subsidiaries or affiliated companies, Contributors and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Wealthtender or its affiliates and/or Contributors or third-party licensors. Except as expressly authorized by Wealthtender, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Wealthtender reserves all rights not expressly granted in these Terms.

Wealthtender shall own and have the right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the SECMarketingRule.com Site, the SECMarketingRule.com Content or any of the other SECMarketingRule.com Services without restriction or payment of any kind to you.

16.               INDEMNIFICATION.

You agree to indemnify, save, and hold Wealthtender, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the SECMarketingRule.com Site, the SECMarketingRule.com Content, or any of the other SECMarketingRule.com Services, any User Content, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Wealthtender reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wealthtender and you agree to cooperate with Wealthtender’s defense of these claims. Wealthtender will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17.               NO WARRANTIES; DISCLAIMERS.

17.1     No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEALTHTENDER AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “WEALTHTENDER PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SECMARKETINGRULE.COM WEBSITE, SECMARKETINGRULE.COM CONTENT, AND THE OTHER SECMARKETINGRULE.COM SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WEALTHTENDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SECMARKETINGRULE.COM SITE, THE SECMARKETINGRULE.COM CONTENT, OR THE OTHER SECMARKETINGRULE.COM SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEALTHTENDER PARTIES OR THROUGH THE SECMARKETINGRULE.COM SITE OR THE OTHER SECMARKETINGRULE.COM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  

17.2     “As Is” and “As Available” and “With all Faults”.

YOU EXPRESSLY AGREE THAT THE SECMARKETINGRULE.COM CONTENT, THE SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SECMARKETINGRULE.COM SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

17.3     SECMarketingRule.com Site Operations and Content.

THE SECMARKETINGRULE.COM AND WEALTHTENDER PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SECMARKETINGRULE.COM SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES, OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

17.4     Accuracy.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY SECMARKETINGRULE.COM, THE SECMARKETINGRULE.COM AND WEALTHTENDER PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE SECMARKETINGRULE.COM CONTENT AND THE OTHER SECMARKETINGRULE.COM SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 

17.5     Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE SECMARKETINGRULE.COM WEBSITE  OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

18.               LIMITATION OF LIABILITY AND DAMAGES.

18.1     Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE SECMARKETINGRULE.COM OR WEALTHTENDER PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SECMARKETINGRULE.COM CONTENT, THE SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH SECMARKETINGRULE.COM OR ANY OTHER PARTICIPANT OR CONTRIBUTOR, EVEN IF SECMARKETINGRULE.COM OR A SECMARKETINGRULE.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SECMARKETINGRULE.COM’S AND WEALTHTENDER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18.2     Limitation of Damages.

IN NO EVENT WILL THE SECMARKETINGRULE.COM OR WEALTHTENDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE SECMARKETINGRULE.COM CONTENT, THE SITE OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $25 AND (B) AN AMOUNT EQUAL TO THE FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

18.3     Release for Disputes between Users.

If you have a dispute with any other Users (including any other Participant or Contributor) or other third parties, you hereby release Wealthtender and the other Wealthtender Parties, including SECMarketingRule.com Staff and Contributors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”

18.4     Third-party Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SECMARKETINGRULE.COM AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SECMARKETINGRULE.COM SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

18.5     Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT SECMARKETINGRULE.COM HAS OFFERED THE SECMARKETINGRULE.COM CONTENT, THE SITE AND THE OTHER SECMARKETINGRULE.COM SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SECMARKETINGRULE.COM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SECMARKETINGRULE.COM. SECMARKETINGRULE.COM WOULD NOT BE ABLE TO AUTHORIZE YOU TO ACCESS AND USE OF THE SECMARKETINGRULE.COM COMMUNITY, THE SECMARKETINGRULE.COM CONTENT OR ANY OF THE OTHER SECMARKETINGRULE.COM SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

18.6     Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

19.               UNITED STATES EXPORT CONTROLS.

  You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the SECMarketingRule.com Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.

20.               MISCELLANEOUS.

20.1     Notice.

SECMarketingRule.com may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the SECMarketingRule.com Services. Notice will be deemed given twenty-four hours after the email is sent, unless SECMarketingRule.com is notified that the email address is invalid. Alternatively, SECMarketingRule.com may give you legal notice by mail to a postal address, if provided by you through any of the SECMarketingRule.com Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the SECMarketingRule.com Services are deemed given 30 days following the initial posting.

20.2     Waiver.

The failure of SECMarketingRule.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Wealthtender.

20.3     Dispute Resolution.

If a dispute arises between you and SECMarketingRule.com, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and SECMarketingRule.com agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the SECMarketingRule.com Site, or the other SECMarketingRule.com Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as SECMarketingRule.com and you otherwise agree in writing. Before resorting to these dispute methods, SECMarketingRule.com strongly encourages you to first contact SECMarketingRule.com directly to seek a resolution.

(a)        Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE SECMARKETINGRULE.COM SERVICES.

(b)        Arbitration and Class Action Waiver.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i)         ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND SECMARKETINGRULE.COM (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE SECMARKETINGRULE.COM SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND SECMARKETINGRULE.COM HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE DALLAS, TEXAS. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND SECMARKETINGRULE.COM WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

Neither you nor SECMarketingRule.com will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SECMARKETINGRULE.COM INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if SECMarketingRule.com is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii)        Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 20.3(b) is found not to apply to you or your claim, you and SECMarketingRule.com agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Houston, TX. Both you and SECMarketingRule.com irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, SECMarketingRule.com may bring a claim for equitable relief in any court with proper jurisdiction.

(iii)       Survival. This arbitration agreement will survive the termination of your use of the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services or your relationship with SECMarketingRule.com.

(c)        30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 20.3 above by sending written notice of your decision to opt-out to the sponsor of this website at support@wealthtender.com. The notice must be sent to Wealthtender within thirty (30) days of your use of any of the SECMarketingRule.com Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(d)        Improperly Filed Claims. All claims you bring against SECMarketingRule.com must be resolved in accordance with this Section 20.3. All claims filed or brought contrary to this Section 20.3 shall be considered improperly filed. Should you file a claim contrary to this Section 20.3, SECMarketingRule.com may recover attorneys’ fees and costs up to $15,000, provided that SECMarketingRule.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(e)        Prevailing Party.  In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, or any of the other SECMarketingRule.com Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

(f)    Limitation on Time to File Claims. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, ANY OF THE SECMARKETINGRULE.COM SERVICES OR YOUR RELATIONSHIP WITH SECMARKETINGRULE.COM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.

20.4     Severability.

If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

20.5     Relationship of the Parties.

The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to SECMarketingRule.com. Nothing in these Terms shall create any obligation between either party and a third party. 

20.6     Assignment.

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SECMarketingRule.com without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

20.7     Survival.

Upon termination of these Terms, your use of the Site, any of the other SECMarketingRule.com Services or your relationship with SECMarketingRule.com any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.2 and 8 – 20.

20.8     Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

20.9     Entire agreement.

These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and SECMarketingRule.com relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Wealthtender as set forth in Section 8 above.

20.10   No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

20.11   Geographic Restrictions.

The sponsor of SECMarketingRule.com, Wealthtender, is based in the state of Texas in the United States. Wealthtender makes no claims that accessing or using or that any of the SECMarketingRule.com Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the SECMarketingRule.com Site or any of the other SECMarketingRule.com Services may not be legal by certain persons or in certain countries. If you access any of these SECMarketingRule.com Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SECMarketingRule.com or Wealthtender with respect thereto.

20.12. Electronic Communications

The communications between you and SECMarketingRule.com use electronic means, whether you visit the Site or the other SECMarketingRule.com Services or send SECMarketingRule.com e-mails, or whether SECMarketingRule.com posts notices on the Site or the other SECMarketingRule.com Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from SECMarketingRule.com in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that SECMarketingRule.com provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

20.13   Disclosures.

The SECMarketingRule.com Site and the other SECMarketingRule.com Services are offered by Wealthtender, Inc., 1401 Lavaca Street #893, Austin, Texas 78701 and email: support@wealthtender.com.

If you are a California resident, you may have this same information emailed to you by sending a letter to Wealthtender, Inc., 1401 Lavaca Street #893, Austin, Texas 78701 with your email address and a request for this information.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

© 2024 Wealthtender, Inc.