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Terms & Conditions

 

Effective Date: September 1, 2021

Use of the DWR Wealth Management, LLC (“DWR”) website (“Site”) is governed by the following terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing this Site, you acknowledge that you have read, understand, and agree to them. These terms and conditions are subject to change without notice to you, so we recommend that you review them regularly. If you do not agree with these terms and conditions, do not use this site.

Access to Site

The Site is made available to all persons aged 18 or older who agree to be bound by the terms and conditions set forth in these terms of use. You agree not to modify, reproduce, distribute, rent, lease, loan, sell, or create derivative works based upon the materials on the Site, or post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of DWR.

Limited License and Use

DWR grants you a limited license to display the contents of this site on your computer or other electronic device you use to access this site, and print, download and use the materials on this site solely for informational purposes or to transact with the Owner, provided that the contents of the site are not modified in any way and that all copyright and other notices are maintained. You agree not to, directly or indirectly, attempt or disrupt, impair or interfere with, alter or modify this site or any of its content.

This site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax, or other professional advice. You will not rely on this site as a substitute for independent research or for personal advice.

Nothing on this site constitutes an offer to buy or sell products or services of any third party. All products and services are subject to the terms and conditions of any applicable contracts and applicable laws. The products and services described on this site are available only in jurisdictions where they may be lawfully offered for sale. DWR may only solicit the sale of financial products and services for which DWR has been duly licensed in the jurisdiction in which the sale occurs.

The use and content of this site, including the terms and conditions of use, shall be governed by the laws of the state in which DWR resides, and you agree to attorn to the jurisdiction of the courts of that state.

If you are accessing this site on behalf of another party, you confirm that you are authorized to do so, and agree you shall be liable and will indemnify and hold harmless DWR in the event the party you are acting on behalf of claims you did not have such authority, or the information you submitted was inaccurate.

No endorsement or approval of any third party or their statements, opinions, information, products, or services is expressed or implied by the contents of this site. To the extent any third-party opinions or information are included on this site, they are provided for convenience only and DWR assumes no liability and does not approve or endorse such third-party content, or warrant such content to be accurate, complete, reliable, verified, error free, or fit for any purpose.

DWR may utilize third party service providers to provide certain tools and/or programs, some of which may be housed on a third-party server or on a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third-party servers. Access to other sites or use of any third-party tools or programs on this site are subject to all terms and conditions found therein.

Site Availability

None of the investment services or products mentioned on this Site are available, and prospectuses in respect to them will not be distributed, to persons resident in any state or territory where such distribution would be contrary to local law or regulation. Any or all services on this site may change at any time, with or without notice to you. Further, this site, in whole or in part, may periodically be unavailable to you in order to allow for maintenance or updates, or due to other causes, including causes beyond the control of DWR.

Privacy, Confidentiality & Security of Information

Any personal information submitted by you on this Site is maintained in accordance with our Privacy Policy.

You acknowledge that DWR collects and uses personal information for purposes of providing the services described on this Site. DWR is committed to respecting the privacy and confidentiality of information in accordance with applicable law. DWR has established and will continue to maintain appropriate safeguards to protect the security and confidentiality of personal information. However, you acknowledge and confirm that the Internet is not a secure medium where privacy and confidentiality can be guaranteed and that complete security and confidentiality of transmissions to and from this site over the Internet is not possible at this time. Your confidential use of the site cannot be guaranteed, and you acknowledge that your use of the site (including information you transmit to the site) may be subject to access or manipulation by, or disclosure to, third parties. Without limiting any other disclaimer herein, neither DWR nor any third party shall be responsible or liable for any damages that you or any other person may suffer in connection with any such breach of privacy, confidentiality, or security. If you are provided with a username and password to access any part of this site, you agree to be liable for all uses of your username and password, including unauthorized use without your consent and you acknowledge that DWR shall not be responsible to confirm the actual identity or authority of any user. Instructions provided pursuant to such username and password shall constitute sufficient authority to DWR to execute any transactions directed there under. You agree to notify DWR immediately should the confidentiality of your username and password be in jeopardy.

Email Security

The security of e-mail communication cannot be guaranteed at this time. Any person wishing to communicate or send information of a private or confidential nature to DWR is encouraged to do so by other means.

Governing Law

These terms of use and the relationship between you and us relating to your use of this Site shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within San Jose or Santa Clara County, California for any dispute, claim or action arising out of or related to your use of this Site or these terms of use, and hereby waive any objections to the jurisdiction or venue of such courts.

Copyright

This site has been developed by and is the property of DWR.  All information and materials contained on this site are protected by copyright, trademark and/or other intellectual property laws of the United States and other countries and are the property of their respective owner(s). Subject to the limited license to use this site as described above, no person may copy, redistribute, reproduce, or republish in any form, or link to this site or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of the Owner. Any infringement of the rights of the Owner may result in appropriate legal action.

Trademarks

DWR owns or has obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that it provides and displays on this site. The trademarks are protected by United States of America and foreign trademark laws. All rights reserved. The display of trademarks on this site shall not in any way be construed as an implied license to use such trademarks.  Any third-party marks are used with permission or under license.

General Disclaimer

Investments in securities involve risk, including the potential loss of principal invested.

While information posted on this site is believed to be reliable and accurate at the time of posting, DWR does not guarantee, represent, or warrant that the information contained on this site is accurate, complete, reliable, verified, error free, or fit for any purpose.

Certain portions of this Site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, DWR (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from DWR, or from any other investment professional. DWR is neither an attorney nor an accountant, and no portion of the Site content should be interpreted as legal, accounting or tax advice.

Nothing on this site forms a contract, or a part of any contract, other than as it relates to the use of this site or as may be expressly provided. In the event of a conflict between the information contained on this site and the terms contained in any products or services offered by DWR or a third party, the terms contained in any document detailing such product or service will prevail.

Neither DWR nor any of its employees or agents make any representations or warranties, express or implied, regarding the usability or condition of this site, that this site will operate uninterrupted or error free, or that this site will operate in combination with any services or software used in connection therewith or that it shall be viewed consistently with all browser software or that any communication transmitted to or from this site is private, confidential, or secure.

DWR expressly disclaims all representations, warranties, or conditions, express or implied, statutory, or otherwise, including, without limitation, the warranties and conditions of merchantable quality and fitness for a particular purpose, non-infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade.

You assume full responsibility for risk of loss of any nature whatsoever resulting from your use of this site. Without limiting the generality of the foregoing, you acknowledge and agree that neither DWR nor any of its employees or agents shall be liable to you for loss of data, computer time or any loss or damage of any nature whatsoever arising out of or attributable in any manner whatsoever to your use or inability to use this site for any reason whatsoever or to any action or inaction on the part of DWR or for any direct, indirect, special or consequential damages, even if DWR has been advised of the possibility thereof, including but not limited to lost profits, lost opportunities or business revenues, loss of goodwill, or failure to realize expected savings.

This site may contain links to other sites which sites are not maintained or controlled in any way by DWR. Links to any such sites that are not maintained or controlled by DWR are provided for convenience only and are not to be construed as an endorsement by DWR or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.

To the extent that any client or prospective client utilizes any economic calculator or similar interactive device contained within or linked to DWR’s web site, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from DWR, or from any other investment professional.

Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if DWR is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of DWR by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Rankings are generally limited to participating advisers.

Each client and prospective client agree, as a condition precedent to his/her/its access to this Site, to release and hold harmless DWR, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from DWR Wealth Management, LLC.