WealthAbility, LLC (“WeathAbility,” “our,” “we” or “us”) provides you (“you” or “your”) information, goods, services, and access to third-party services through our communications with you, whether the communications are phone calls, text messages, emails, paper documents, or when you visit any of our websites (“Website” or “Websites”) listed here:
a) WealthAbility grants you a limited, non-exclusive license to access and use the Websites for your own personal, non-commercial purposes and a limited, non-exclusive license to view the videos displayed on the Websites. You shall not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble any of the Websites or any source code therein, nor will you attempt to circumvent any of the Websites’ technical measures or take any measures to interfere with or damage the Websites.
b) WealthAbility grants you a limited, non-exclusive license to use, save, and print the pdf documents provided on the Website for your own personal, non-commercial purposes. You may make copies for your personal use, but you shall not distribute any copy, post it online or otherwise display it publicly. You shall not make derivative works of the documents.
c) All rights not expressly granted to you are reserved to us.
d) These licenses are personal to you and you may not assign or sublicense any rights to anyone else. You are fully responsible for keeping your username and password confidential, and you are fully responsible for all activities that occur under your username or otherwise in association with your account.
e) Your licenses terminate when you can no longer access a given Website for any reason, including because the Website has been taken down or your access to it has been terminated.
2. Privacy – Personal Data
a) When you request to sign up for weekly report, we will collect your first name, email address, and how you heard about us. We store this information in a database on third-party server(s) and we use it to send you the weekly report via email each week.
b) When you request to schedule a call, we will collect your first and last names, phone number, email address, country of residence, how you heard about us, and whether you own real estate or a business. When we conduct the call, we gather additional information that is submitted online or by email, including your tax returns, your current financial situation and your financial goals. We store this information in a database on third-party server(s) and we use it to schedule and conduct the call.
c) When you request a free product, such as our free gift offered during The WealthAbility™ Show podcast, bonus video, or free chapter of the book Tax-Free Wealth, we will collect your first name and email. We store this information in a database on third-party server(s) and we use it to send you a link by email to obtain the free product.
d) When you call us or email us with a general request or a media contact request, we will collect your first and last names, phone number, email address, how you heard about us, and your request. We store this information in a database on third-party server(s) and we use it to respond to the request.
e) When you register as a member we will collect your first and last names and email address. We store this information in a database on third-party server(s) and we use it to provide access and information about your membership.
f) When you purchase services through us for third-party services, we will collect your first and last names, phone number, email address, country of residence, how you heard about us, and whether you own real estate or a business. We may gather additional information that is submitted online or by email, including your tax returns, your current financial situation and your financial goals. We store this information in a database on third-party server(s). We also use this information to connect you to a third-party service provider and may send the information to that third-party service provider.
g) When you purchase courses and subscriptions we will collect your name, billing address, email address, telephone number and credit card information. We store this information in a database on third-party server(s) and use it to process your purchases. We utilize third-party providers that are PCI DSS compliant to effect payment in a secure fashion.
h) Some of the third-party servers that store the information you provide are in the US and some are outside the US. These countries, including the US, may not have privacy laws that are as comprehensive or protective as those in your residence country.
i) You can contact us to request to see, correct, or delete any information that we have about you, at:
j) If you do not provide us the requested information, or request that we delete it, you may not be able to access the goods or services you are requesting.
k) We will not share information you provide to us with any third party except as set forth above and as set forth below:
We may provide information in response to any valid legal process, such as subpoenas and court orders, or to establish or exercise its legal rights or defend against legal claims.
We may use your first and last name, email address, and phone number to contact you about the Websites and products sold or otherwise provided by WealthAbility.
l) We use third parties to provide the necessary hardware, software, networking, storage, and related technology required to run the Websites. We are not responsible for the privacy policies of third party providers and we disclaim all liability arising from any action of any third party provider.
m) As you use the Websites you may be permitted to type notes into the Websites. Those notes are stored in third-party servers. Do not enter any sensitive personal information into the Websites such as your social security number, other tax ID, political/religious comments, health status, etc.
3. Privacy – Non-Personally Identifiable Information
We and third parties automatically collect and store information from your browser when you visit the Websites. This information is non-personally identifiable information and may include information such as your IP address, your browser type and language, access times, number of clicks, and the referring and exit website addresses.
4. Refund Policy
a) NO REFUND is given for any product purchased at www.taxfreeformula.com due to the software, high level tools, bonuses and other immediately-accessible resources you receive upon purchase. If you have any questions about our NO REFUND policy for products purchased at www.taxfreeformula.com, please contact us at email@example.com.
b) If you have any questions about our refund policy for products purchased at our other Websites, please contact us at firstname.lastname@example.org.
5. Intellectual Property
a) Except for those portions of the Websites that have been licensed from a third party, we retain all right, title and interest in the Websites, the content provided by it and all related documentation, including all applicable rights in patents, copyrights, trademarks and trade secrets.
b) You shall not attempt, assist others in attempting, or allow others to copy, modify, translate, decompile, disassemble, or reverse engineer the Websites.
c) You will preserve all proprietary rights notices on the Websites and document provided there.
d) Nothing contained in this Agreement grants you the right to use any of the videos, documents, trademarks, logos, domain names, and other distinctive brand features on the Websites.
6. Disclaimer and Limitation of Liability
TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY US FEDERAL TAX ADVICE PROVIDED DURING YOUR USE OF THE WEBSITES IS NOT INTENDED OR MADE TO BE USED, AND IT CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN. YOU SHOULD SEEK ADVICE BASED ON YOUR PARTICULAR CIRCUMSTANCES FROM AN INDEPENDENT ADVISOR.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE WEBSITES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTY THAT (I) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, AND (III) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) WEALTHABILITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES; AND (II) WEALTHABILITY’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WEALTHABILITY OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
You agree to indemnify and hold harmless WealthAbility and its affiliates, officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys and employees from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees that actually or allegedly result from your use of the Websites or your breach of any terms or representations, warranties, or covenants contained in this Agreement.
8. Additional Terms
a) The unenforceability of any provision herein will not affect the enforceability of the remaining provisions.
c) Any dispute between you and WealthAbility arising out of or related to this Agreement or the Websites shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Phoenix, Arizona. The decision and award of the arbitrators will be final and binding and the award so rendered may be entered in any court having jurisdiction of the matter. All fees and expenses of the arbitrator(s) and all other expenses of the arbitration will be borne by the parties to such arbitration in the manner determined by the arbitrator(s).
d) This Agreement shall be governed in all respects by the laws of the United States and the State of Arizona, except for conflict of laws provisions. You agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney’s fees.