How To Write a Check
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WHO MAY USE THE WEBSITES
Wealtheo is the sole owner of the Website, including Replicated Websites. We collect information from Independent Consultants (“Consultants”), Affiliates, Customers and visitors to the websites at different points on the websites.
Traffic Data. Like most website operators, Wealtheo automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
We also use the following tools:
❖ Google Analytics – This is a web analytics tool by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, United States, hereinafter referred to as “Google”, to record your online activities on our site and to determine how many users are visiting us, what contents of our page are viewed, and how many times. The evaluation is done anonymously. Google Analytics cookies, including the Google Analytics tool “anonymous IP address” and usage data, are usually transmitted to a Google server in the United States and stored there. For further information, please refer to https://support.google.com/analytics/answer/6004245?hl=en. At https://tools.google.com/dlpage/gaoptout?hl=en.%20 Google Analytics offers the option to opt out of data collection.
❖ Matomo Open Analytics Platform – This allows us to record your online activities on our site and determine how many users visit us on the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously. The cookies are stored on your computer. For additional information, please refer to https://matomo.org/faq/.
❖ Google AdWords – This is used to record website visits for advertising purposes (remarketing) in Google and in the Display Network. When you visit a website, your browser saves cookies that allow you to be recognized as a visitor when you visit websites that belong to Google’s advertising network. On these pages, ads that relate to content that you previously viewed on other websites that use Google’s remarketing function can be presented to you as a visitor. You can opt out of data collection by Google AdWords on the website http://www.google.com/settings/ads
❖ Salesforce Marketing Cloud – We use this to record your behavior on our website to optimize our product offering. It helps us determine how many users visit us in the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously and is used automatically by predictive intelligence to improve the presentation of our product offering. For registered members, the user-related behavior on the website is recorded to improve the user experience and is used to display the relevant content. Salesforce cookies are usually delivered to a Salesforce server in the United States and stored there.
❖ Hotjar – We collect non-personal information, including standard internet log information and details of your behavioral patterns when you visit our website. This is done to enable to provide you with a better user experience, to identify preferences, to diagnose technical problems, to analyze trends and to improve our website. The following information may be collected related to your device and browser: device’s IP address (captured and stored in an anonymized form), device screen resolution, device type (unique device identifiers), operating system, and browser type, geographic location (country only), preferred language used to display our website. The following information is collected related to your user interaction: mouse events (movements, location and clicks), keypresses. For a sampling of visitors, Hotjar also records information which is collected from our website: referring URL and domain, pages visited, geographic location (country only), preferred language used to display our website, date and time when the website pages were accessed. By visiting the opt-out page https://www.hotjar.com/opt-out and clicking on “Disable Hotjar” you can at any time refuse to collect your data from Hotjar when you visit our website. You may opt-out from having Hotjar collect your information when visiting our website at any time by visiting the Opt-out page https://www.hotjar.com/opt-out and clicking “Disable Hotjar”.
❖ Facebook Pixel — With your consent, we use the “Facebook Pixel” by Facebook Inc., 1601 South California Avenue, Palo Alto, California 94304, United States (“Facebook”) on our website. This is a cookie (i.e., a small text file that is stored on your computer and can be accessed again later). With its help, actions of users can be tracked after they have seen or clicked on a Facebook ad. This allows us to track the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, it does not provide any information on the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook Data Policy (https://www.facebook.com/about/privacy/). You can allow Facebook and its partners to display ads on and off Facebook. A cookie may also be stored on your computer for these purposes. By using the website, you agree to the use of the visitor action pixel.
Personal Information. Through your use of or visits to our Websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, membership number, title, gender, date of birth, mailing address, address coordinates (longitude and latitude), phone number(s), fax number, and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); (3) “Financial Data” (such as your credit/debit card number and expiration date); and (4) “Shopping Preferences” (such as items purchased, purchase date, place of purchase, time of purchase, purchase amount, currency and shopping cart). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. Wealtheo may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to Wealtheo. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.
Device Information. Depending on the permissions you have granted and other factors, we may receive information about your location and your mobile device when you download from our Websites, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, certain player search results, and other personalized content. Examples of the device information we collect include:
❖ Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
❖ Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
❖ Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
Most mobile devices allow you to turn off location services, and we encourage you to contact your device manufacturer for detailed instructions on how to do that.
Consultant, Affiliate, and Customer Registration. In order to become a Consultant or Affiliate, an applicant must provide Personal Information to us. We also may require an applicant’s Social Security Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to sell or promote products directly from us (“Affiliate” or “Affiliate Customers,” both of which are collectively referred to herein as “Affiliates”). Affiliates will be required to provide Personal Information. We use this information to maintain contact with Consultants and Affiliates, and to process Consultant, Affiliate and customer orders.
Product or Service Purchases. When a retail customer, Affiliate, or Consultant purchases products or services from us through any of our Websites, the purchaser must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
Information that you make Public. The Website may contain features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Wealtheo is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
INFORMATION USE AND DISCLOSURE PRACTICES
❖ allowing you to enter your password less frequently;
❖ remembering your preferences;
❖ presenting information that is targeted to your interests;
❖ measuring the effectiveness of our Websites, services, content, and advertising; and
Wealtheo analyzes Traffic Data and information gathered using Cookies to help Wealtheo better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Wealtheo is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Wealtheo may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Wealtheo does not attempt to link information gathered using Cookies to Personal Information.
Web Beacons. We may also use web beacons. A “web beacon” is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our Website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.
Disclosure in Connection with Services. Some of our operations, such as our electronic commerce, may be managed by Service Providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and service providers whom they engage to perform services related to our Websites or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website hosting and evaluation, data storage, analysis, or security and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services. If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, FedEx, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.
Sharing. The Website contains “Share” buttons for the social networks Twitter LLC, 795 Folsom Street, Suite 600, San Francisco, California 94107, United States; XING, which is operated by XING AG, Dammtorstrasse 30, 20354 Hamburg, Germany; LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, United States; Facebook, 1601 South California Avenue, Palo Alto, California 94304, United States; YouTube, LLC. 901 Cherry Avenue, San Bruno, California 94066, United States; Pinterest, 808 Brannan St. San Francisco, California 94103, United States; and GooglePlus of the social network Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, United States. In addition, there is also a “Share” button for e-mail. The “Share” buttons can be recognized by their respective logos. All “Share” buttons are set up in compliance with data protection requirements. A direct connection between your browser and the server of the operator of the respective social network is established only when you click on the respective “Share” button on this Website (and only then). According to the operators of the social networks mentioned, no personal data is collected by the social networks without a click on the respective “Share” button. Only data of logged-in Consultants and Affiliates, including the IP address, is collected and processed. If you do not wish to associate your visit to our Website with your user account of the respective social network, please log out of the user account of that social network. We do not receive any information regarding the content of the data transmitted and its use by the social networks. For more information about the use of data by the social media networks, please refer to the privacy policies of the social networks mentioned.
By Law or to Protect Rights. Wealtheo discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Wealtheo believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Wealtheo, third parties, or the public at large.
Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Wealtheo will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Wealtheo to conduct business in certain jurisdictions, Wealtheo must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
Unpaid Accounts. If you fail to pay any balance owed in consideration of Services, Wealtheo may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
Invite a Friend. When you invite family or friends to join the Wealtheo network or to attend a Wealtheo home party, Wealtheo will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.
Lead Assignment and Consultant Locator Features. Wealtheo occasionally will assign prospective sales and new Consultant leads to Consultants. In these cases, we will provide the lead with the appropriate Consultant’s name and contact information and/or provide a Consultant with the prospective lead’s name and contact information. In addition, Wealtheo has a Consultant Locator feature on its Website. Pursuant to this feature, a prospective customer or new Consultant can locate a nearby Wealtheo Consultant. In order to make the Consultant Locator feature and the lead assignments effective, the company will provide the prospective customer or new Consultant with the Consultant’s name and contact information, which may include his/her telephone number, address, and/or email address.
To help Consultants in Wealtheo’s network marketing program manage their independent businesses, we provide your Wealtheo sponsor and other upline Wealtheo Consultants with your name, rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity through the Back-Office to the Website. We also provide downline Consultants with the names, rank, address, telephone number, and email address of their sponsor and certain specified upline Consultants.
COMMUNICATIONS FROM US
Special Offers and Updates. By enrolling as a Consultant or Affiliate, registering as Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from Wealtheo Consultants. For example, Wealtheo sends all new Consultants, Affiliates and Customers a welcoming email to verify password, username, and acceptance of the Consultant Agreement or Affiliate Agreement. All Consultants and Affiliates will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with Wealtheo and who grant permission will also receive occasional information on products, services, special deals, and the like.
Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Consultants and/or Affiliates an email. Generally, Consultants may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Consultant and Affiliate Service. Wealtheo communicates with Consultants and Affiliates via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their Wealtheo business. Wealtheo communicates with other Customers with respect to products or services purchased by such Customers from Wealtheo. Such communications may be by email, regular mail, or telephone.
Privacy Preferences/Opt-Out. We now offer an on-line preference page located within the My Account section on www.wealtheo.com where you can register and change your preferences to receive or not receive marketing materials. You may also update what product/lifestyle preferences you prefer, which may determine what offers and promotional materials you may receive. You may update these preferences at any time, but you must first register by creating an account before you can update any of your preferences. Please allow sufficient time for your preferences to be processed. You may also change your marketing preferences or remove yourself from our mailing list by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you or by contacting us at: Wealtheo, Attn: Privacy Manager, 1836 Spirit of Texas Way, Suite 200, Conroe, Texas 77301, or by e-mailing us at firstname.lastname@example.org.
Links. Wealtheo’s Websites may contain links to other sites. Please be aware that Wealtheo is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Wealtheo Websites.
Text Messaging. If you so elect, you may provide your mobile phone number to Wealtheo. By submitting your mobile phone number, you consent to receive text message alerts from Wealtheo containing product and event information, product tips or promotions that may be sent using automated dialing systems (“Text Messages”). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. You agree to enter into, sign and receive your consent to receive Text Messages electronically.
You may receive approximately NUMBER recurring texts per month. We do not charge a fee for you to receive Text Messages from us, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. Participating Carriers are:
ACS Wireless Cox Wireless Pocket Wireless
Alltel Cricket Communications Revol Wireless
All West Communications Element Mobile Silver Star PCS
Appalachian Wireless Farmers Mutual Telephone Co. Simmetry Wireless
AT&T GCI Wireless Snake River PCS
Bluegrass Wireless Golden State Cellular South Central Communications
Boost Illinois Valley Cellular Sprint
Boost Unlimited Immix Sprocket Wireless
Breakaway Wireless Inland Cellular Strata Networks
Carolina West Wireless iWireless Syringa Wireless
Cambridge Telephone Company (CTC) Metro PCS Thumb Cellular
Cellcom Midwest Wireless T-Mobile
Cellular South Nex-Tech Wireless United Wireless
Cellular One of East Central Illinois Nextel Union Wireless
Cellular One of Montana Northwest Missouri Cellular U.S. Cellular
Cellular One of NEPA nTelos Verizon Wireless
Centennial Wireless Nucla-Naturita Telephone Co. Viaero Wireless
Chat Mobility Panhandle Telecommunications Virgin Mobile US
Cellular 29 Pioneer Cellular West Central Wireless
Cincinnati Bell Plateau Wireless
Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, you can either text the word “Help” to ##### or email email@example.com.
You may unsubscribe from receiving Wealtheo Text Messages any time by texting the word “STOP” to ##### from your device. You may also choose not to receive Text Messages by emailing firstname.lastname@example.org and specifying that this is your preference.
From time to time you may be asked to provide your mobile phone number to Wealtheo in connection with specific text messaging programs, which is in addition to the general Wealtheo marketing text messaging program. That text messaging program may have additional or different terms and conditions from those set forth above, which will be presented you at the time that you opt-in to receive those text messages. In general, in order to stop receiving text messages from a specific Wealtheo text messaging program, you can text STOP to the five digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that five digit short code. You will remain opted in to any other Wealtheo text messaging programs that you have signed up for.
Security of Personal Information. We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Websites. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate, in our sole discretion, to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
Secure Shopping. When you place orders on our Websites, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Websites from capturing and viewing your Personal Information. Since any order information you provide to us on our Websites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Websites. The most recent versions of Google Chrome, Netscape Navigator, Apple Safari, and Microsoft Internet Explorer can support a secure connection and can be downloaded for free from the Google, Netscape, Apple, or Microsoft website respectively.
Passwords. To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Wealtheo will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name or password from your account.
Making Changes to Your Personal Information. Consultants, Affiliates and Customers may update their personal information as necessary by logging into their Wealtheo online Back Offices or Customer Accounts, which allows them to access and edit their registration account information. In addition, Consultants and Affiliates may contact us at email@example.com to update their profiles.
Information Sharing Disclosure Requests. If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom Wealtheo or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at. Wealtheo, Attn: Privacy Manager, 1836 Spirit of Texas Way, Suite 200, Conroe, Texas 77301, or by e-mailing us at firstname.lastname@example.org. We will respond to your request for a Notice of Information-Sharing Disclosure within thirty (30) days.
Notice: Wealtheo is not a debt relief or credit counseling agency. The information in our online courses is for educational purposes only. You should not construe any such information or other material as legal, tax, investment, financial, debt, or other advice. All content on this site is information of a general nature and does not address the unique circumstances of any particular individual.
Authorization and Contract. By executing this WEALTHEO™ Consultant & Affiliate Agreement (“Agreement”), you apply for legal authorization to become a WEALTHEO™ business owner or affiliate and enter into contract with Wealtheo, Inc., hereinafter “Wealtheo” You acknowledge that prior to signing you have received, read and understood the WEALTHEO Income Disclosure Statement, that you have read and understood the WEALTHEO Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on WEALTHEO, and that you have read and agree to all terms set forth in this Agreement. In the event of a conflict between these Terms and Conditions and the Policies and Procedures, the latest published Policies and Procedures will control. WEALTHEO reserves the right to reject any application for any reason within ten (10) days of receipt. If you do not agree to the Policies and Procedures, your sole recourse is to notify WEALTHEO and cancel the Agreement. Failure to cancel constitutes your acceptance of the Policies and Procedures. You understand that you must be in good standing, and not in violation of this Agreement, to be eligible for bonuses or commissions from WEALTHEO. You understand that the Agreement may be modified or amended at the sole and absolute discretion of WEALTHEO, and you agree to abide by all such changes. Notification of changes shall be posted on WEALTHEO’s website OR in your WEALTHEO Dashboard. Changes shall become effective thirty (30) days after publication. Any amendment to the Agreement, or to the dispute resolution provisions herein, shall not apply to: (1) a dispute arising prior to the effective date of such amendment; or (2) a Consultant or Affiliate who declines to accept such amendment by discontinuing his or her WEALTHEO business and status as a Consultant or Affiliate following the Effective Date of any such amendment. The continuation of a Consultant’s or Affiliate’s WEALTHEO business or a Consultant’s or Affiliate’s acceptance of bonuses or commissions after the effective date of any amendments shall constitute acceptance of any and all amendments.
Consultant Terms. You understand that as a WEALTHEO Consultant, (i) you have the right to offer for sale WEALTHEO products and services in accordance with these Terms and Conditions, (ii) you have the right to enroll persons into WEALTHEO, and (iii) if qualified, you have the right to earn commissions pursuant to the WEALTHEO Compensation Plan.
Affiliate Terms. You understand that as a WEALTHEO Affiliate, (i) you have the right to offer for sale WEALTHEO products and services in accordance with these Terms and Conditions and (ii) you have the right to earn commissions from your personal retail sales.
Expiration, Renewal, and Termination. The term of this Agreement is one (1) year (subject to prior cancellation or disqualification pursuant to the Policies and Procedures). If you fail to renew your WEALTHEO business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Consultant or Affiliate, lose the ability to sell WEALTHEO products and services, lose the eligibility to receive commissions, royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. WEALTHEO reserves the right to terminate all Consultant and Affiliate Agreements upon thirty (30) days’ notice if WEALTHEO elects to: (1) cease the operation of its business; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services through direct selling channels. Consultant or Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to WEALTHEO at its principal business address. WEALTHEO shall have the right in its sole and absolute discretion not to accept this Agreement or any renewal of it. If the Consultant or Affiliate breaches any of its provisions, WEALTHEO may also take actions short of termination of this Agreement.
Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of WEALTHEO or your Sponsoring Consultant. As a self-employed independent contractor, you will operate your own independent business, selling products available through WEALTHEO on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form via electronically. It will be your sole responsibility to account for such income on your individual income tax returns. You agree that you will be solely responsible for paying all expenses incurred by you, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. WEALTHEO is not responsible for withholding, and shall not withhold or deduct from your bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required.
Product Returns. You agree that if you sell product directly to a customer, you will adhere to WEALTHEO’s customer satisfaction guarantee policy and shall provide customer a refund of all monies paid if the customer returns the product un-accessed within three (3) days of the sales transaction (as defined in the Policies and Procedures). Any taxes incurred will not be refunded.
Presenting the Plan. You agree when presenting the WEALTHEO Compensation Plan to present it in its entirety as outlined in official WEALTHEO materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by WEALTHEO. You agree to instruct all prospective Consultants to review the WEALTHEO Income Disclosure Statement.
Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official WEALTHEO literature. You further agree to sell products available through WEALTHEO only in authorized territories.
Personal Consumption. You are strictly prohibited from being your own customer. You cannot use your replicated url to make purchases and receive commissions on your purchases. You are further prohibited from creating more than 1 user login experience under your ownership, your name, and/or your email. You agree that any violation of this section shall, at WEALTHEO’s sole discretion, immediately terminate this Agreement.
Commissions. You understand and agree that all bonus pools are a temporary incentive and not considered a part of the WEALTHEO Compensation Plan and may be modified or discontinued at any time without notice from WEALTHEO. Furthermore, if at any time the WEALTHEO Compensation Plan total payout exceeds the bonus caps or WEALTHEO’s internal Consultant compensation projections modeling, you agree that WEALTHEO, in its sole discretion, may restrict the commission and bonus payouts to you during that month, however any modification will apply to all Consultants.
WEALTHEO’s Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by WEALTHEO, including Line of Sponsorship (“LOS”) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the WEALTHEO business including, without limitation, Consultant lists, sponsorship trees, and all WEALTHEO Consultant information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of WEALTHEO, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with WEALTHEO, WEALTHEO grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (“Proprietary Information”), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Consultant sales, earnings and other financial reports to facilitate your business.
Discipline and Termination. You understand that if you fail to comply with the terms of the Agreement, WEALTHEO may, at its discretion, impose upon you disciplinary sanctions as set forth in the Policies and Procedures. If you are in breach, default or violation of the Agreement at termination, you shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. You agree that Wealtheo may deduct, withhold, set-off, claw back, or charge to any form of payment you have previously authorized, any amounts you owe or are indebted to WEALTHEO.
Liability. WEALTHEO, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, Consultants, independent contractors, and agents (collectively referred to as “affiliates”), shall not be liable for, and you release and hold harmless WEALTHEO and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. You further agree to release and hold harmless WEALTHEO and its affiliates from all liability arising from or relating to the promotion or operation of your WEALTHEO business and any activities related to it (e.g., the presentation of WEALTHEO products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify WEALTHEO for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that you undertake in operating your business.
Non-Competition Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Consultant or Affiliate, and for six (6) months following resignation, non-renewal, or termination of your business, you will not compete with WEALTHEO. This covenant shall survive the expiration or termination of your authorization and contract with WEALTHEO.
Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Consultant or Affiliate, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other WEALTHEO Consultant to compete with the business of WEALTHEO.
Assignment. You may not assign any rights under the Agreement without the prior written consent of WEALTHEO. Any attempt to transfer or assign the Agreement without the express written consent of WEALTHEO renders the Agreement voidable at the option of WEALTHEO and may result in termination of your business.
Images / Recordings / Consents. You agree to permit WEALTHEO to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by WEALTHEO for any lawful purpose, without compensation, and waive all claims for remuneration for such use.
Modification of Terms. With the exception of the dispute resolution section in the Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in the Policies and Procedures. The Agreement, in its current form and as amended by WEALTHEO at its discretion, constitutes the entire contract between WEALTHEO and you. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect. Any waiver by WEALTHEO of any breach of the Agreement must be in writing and signed by an authorized officer of WEALTHEO. Waiver by WEALTHEO of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with WEALTHEO as set forth in this Consultant & Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Texas without regard to conflict of law provisions. As for Louisiana residents, notwithstanding the foregoing, Louisiana residents may bring an action against WEALTHEO with jurisdiction and venue as provided by Louisiana law.
Dispute Resolution. In the event of a dispute between a Consultant or Affiliate and Wealtheo arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. If the parties are unsuccessful in resolving their dispute through mediation, all disputes and claims relating to WEALTHEO, its products and services, the rights and obligations of a WEALTHEO Consultant or Affiliate, or any other claims or causes of action relating to the performance of either a Consultant, Affiliate or WEALTHEO under the Agreement or the WEALTHEO Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Conroe, Texas or such other location as WEALTHEO prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. The parties agree that the arbitrator will have the sole power to decide any question about the arbitrability of any claim, dispute or other difference between the parties. Additionally, you agree not to initiate or participate in any class action proceeding against WEALTHEO, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent WEALTHEO from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, restraining order, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its intellectual property rights, including but not limited to customer and/or consultant lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the Southern District of Texas, or state court residing in Montgomery County, State of Texas. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in the County of Montgomery and State of Texas.
Time Limitation. If a Consultant or Affiliate wishes to bring an action against WEALTHEO for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against WEALTHEO for such act or omission. Consultant and Affiliate waive all claims that any other statute of limitations applies.
Liquidated Damages. In any case which arises from or relates to the termination of Consultant’s or Affiliate’s Agreement and independent business, the parties agree that damages will be very difficult to ascertain. Therefore, the parties stipulate that if a Consultant or Affiliate termination is proven and held to be wrongful under any theory of law, Consultant’s or Affiliate’s sole remedy shall be liquidated damages calculated as follows: liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to WEALTHEO’s Compensation Plan in the twelve (12) months immediately preceding the termination. Gross compensation shall include commissions and bonuses earned by the Consultant or Affiliate pursuant to WEALTHEO’s Compensation Plan.
Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and WEALTHEO and supersedes any prior agreements, understandings and obligations between you and WEALTHEO concerning the subject matter of your contract with WEALTHEO.
Notice of Right to Cancel. You may request a refund on your enrollment fee if it’s done within three (3) business days from the date of enrollment (Five business days in Alaska and fifteen business days in North Dakota for individuals age 65 and older). If you cancel, any enrollment fees paid will be returned within fifteen (15) business days following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to 1836 Spirit of Texas Way, Ste 200, Conroe, Texas 77301, not later than midnight of the third business day following the date of this Agreement.
Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.
Thank you for visiting www.wealtheo.com, or the Personal Website of your authorized Wealtheo Independent Consultant (“Consultant”) whose name appears on the site (our “Site”). This Site is powered by Wealtheo, LLC (referred to herein as “Wealtheo”) and made available by Wealtheo as a service to your Consultant. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “our,” “we,” and “us” refer to both Wealtheo and your Consultant unless the context clearly provides otherwise.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE A CONSULTANT OR AFFILIATE, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR WEALTHEO CONSULTANT AGREEMENT OR AFFILIATE AGREEMENT, AND THE WEALTHEO POLICIES AND PROCEDURES.
Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to Wealtheo’s Offerings or as otherwise expressly stated in section 4 of this Agreement (Wealtheo Customer Guarantee).
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Puerto Rico, U.S. Virgin Islands, Guam, and U.S. Territories, possessions, and trusteeships (“Applicable Markets”). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. We reserve the right to cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Wealtheo’s prior written permission, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
We are confident that you will find our products satisfactory in every way. We stand behind the quality of our products and guarantee your satisfaction. However, because our products are digital goods, if you are not completely satisfied with any Wealtheo digital product purchased, we offer a no questions asked 3-day money-back guarantee refund for all un-accessed Wealtheo products. Any applicable tax is not refundable.
You may return physical items (as opposed to digital items) within 30 days by contacting us as described in the “Contact” section, and we will be happy to assist you.
All information, materials, functions and other content (including Submissions as defined in Section 14 below) provided on this Site (collectively “Content”), such as the Site design, text, selection and arrangement of elements, organization, graphics, images, magnetic translation, digital conversion, etc., is our exclusive property or the property of our licensors and is protected by U.S. and international copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, transmitted, modified, or distributed in any way, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, all product names, company names, and all other trademarks, service marks, trade dress, trade names, logos (collectively the “Marks”) used and displayed on this Site are our registered and unregistered Marks and the Marks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site. Our Marks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
For Consultants with a business powered by Wealtheo, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogical, downline, or Line of Sponsorship (LOS) information (i.e., information compiled by Wealtheo that discloses or relates to all or part of the specific arrangement of sponsorship within the Wealtheo business, including, without limitation, Consultant and Affiliate lists, upline and downline organizations, all Consultant contact and business performance information, and all Affiliate and Customer contact information generated therefrom (Proprietary Information), which may be made available to you on the Site. You acknowledge that Wealtheo is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by Wealtheo. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by Wealtheo under the Wealtheo Policies and Procedures, as amended from time to time.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit your request via email to link to this Site to email@example.com. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Wealtheo, a web site that links to this Site:
• Shall not imply, either directly or indirectly, that Wealtheo is endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us or the Wealtheo opportunity;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the Site; and
• Shall not create a browser or border environment around Site material.
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
12. Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic 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 upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your physical 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 by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Wealtheo may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Attn: Tara Shelander
1836 Spirit of Texas Way Suite 200
Conroe, Texas 77301
By Email: firstname.lastname@example.org
By Telephone: (281) 677-3516 x702
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
“User Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. User Forums are provided to give users a forum to express their opinions and share their ideas and information.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your User ID, username or otherwise by you in any User Forum and for the consequences of submitting and posting the same. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
This means that you, and not us, are solely responsible for all Community Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Community Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) that the content is accurate and truthful; (iii) use of the Community Content you supply does not violate these Terms; (iv) the Community Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Community Content will not cause injury to any person or entity. If we determine, in our sole discretion, that any Community Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Community Content in question. If you fail to meet our request within the time specified, we may remove the Community Content. We have no obligation, however, to restrict or monitor Community Content in any way.
Should Community Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Wealtheo, and we shall not be liable for any use or disclosure of any Community Content. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
We do not and cannot review every message posted by users in the User Forums, and Wealtheo is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. You acknowledge that we are under no obligation to pre-screen Community Content. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any User Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any User Forum and we specifically disclaim any and all liability in connection therewith. We do not control the Community Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Community Content. You are solely responsible for any use or reliance on the Community Content, including on its accuracy, completeness, or usefulness. Under no circumstances will we be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or for any loss or damage of any kind incurred as a result of the use of any Community Content posted, transmitted, or otherwise made available through the Site.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
We do not claim ownership of the Community Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Community Content and are not entitled to our help in protecting such Community Content. By uploading, placing, or posting Community Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Community Content (in whole or in part), and incorporate such Community Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Community Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Community Content by you may have terms applicable to your Community Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Community Content.
Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. By using the Site, you agree that you will not upload, post, transmit, submit, distribute, or otherwise make available to the Site any Submission that:
• (a) is tortious, libelous, defamatory, disparaging, abusive, harassing, harmful, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise unreasonably offensive [as determined by us in our sole discretion]; (c) is violent or promotes violence, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) is false, misleading; or (e) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, abuse, theft, terrorism, or conspiracy to commit any criminal activity;
• infringes, misappropriates, or violates any right of a third party including: (a) copyright, patent, trademark, trade secret, identity right, publicity right, privacy right, or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• impersonates any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Wealtheo, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• is commercial, business related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains any personal advertising, unsolicited commercial email or “spam,” or offer for sale of any non-Wealtheo products or services, except in areas, if any, specifically designated for such purposes – This includes unethical marketing, advertising, “chain letters,” or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
• contains a virus, Trojan horses, malware, other harmful component, any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
• collects or harvests the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers)
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
Wealtheo is committed to the safety of our children. Persons under the age of 18 may not enroll as Wealtheo Distributors or register as Customers. Children under the age of 13 may not purchase products through any of our Websites. Wealtheo does not solicit or knowingly collect personally identifiable information from children under the age of 13.
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, accounting, tax, investment advice, is not intended to be a substitute for such advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
23.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we will attempt to verify it for you.
23.2 Appropriateness of Content
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
23.4 Export Control
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
24. Contacting Us
By Mail: Wealtheo
1836 Spirit of Texas Way
Conroe, Texas 77301
By Email: email@example.com
By Phone: (281) 677-3516