DIRECT SOURCE WEALTH

TERMS OF USE

Last updated: June 22, 2018

Welcome to directsourcewealth.com (“Website”).  Through the Website Direct Source Wealth, Inc. (“DSW”) offers users the ability to create an account, learn about past and current investment opportunities, submit information and documents related to real estate investment opportunities, and receive feedback from DSW and other third parties.   Your access and use of the Website, including but without limitation, creation of an account, transmittal of information, use of the video chat and email features, regardless of how you access or use them, (collectively, the “Services”) are governed by these terms of use and DSW’s Privacy Policy [link] (together, the “Terms of Use”).  In these Terms of Use, “you” or “your” refers to the person using the Services.

If you do not agree to these Terms of Use, do not use the Services.  By accessing or using the Services, creating an account, transmitting information or documents to DSW, communicating with DSW through the email links on the Website, or otherwise engaging with the Website and the Services, you are agreeing to these Terms of Use and you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use.  You also agree and consent to DSW sending you disclosures, messages, notices, and other communications to your designated email account and to DSW contacting you through telephone and video calling services.

  1. These Terms of Use May Change

Due to the evolving nature of the Services, DSW reserves the right to modify the terms in these Terms of Use in its sole discretion at any time and without prior notice to you.  Any changes to these Terms of Use will become effective when DSW posts the revised Terms of Use on the Website.  Your use of the Services following these changes indicates your acknowledgment and agreement to be bound by the revised Terms of Use.  If you do not wish to be bound by any new or modified terms, you must cease all use of the Services.  The date on which these Terms of Use were last updated is shown in the “Last updated” legend at the top of this page.

  1. Use of Services

The Website and the Services are not intended for use by persons under the age of 18.  You must be at least 18 years of age in order to use the Services.  If DSW determines at any time that you are under the age of 18, DSW reserves the right to immediately terminate your use of the Services.

You may only access and use the Services for your internal, personal, and non-commercial purposes, and for no other purpose.  These Terms of Use do not grant you any other rights in connection with the Services.

To use some of the Services you may be asked to create an account.  You may register an account by [describe how an account can be created].

Without limiting anything else in these Terms of Use, when accessing or using the Services you shall not and shall not assist or permit any person to:

  • Engage in or authorize any activity that you know or reasonably should know is an unlawful, unauthorized, fraudulent, or malicious activity;
  • Disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Services or any computing device or computer network;
  • Probe, scan, test the vulnerability of, or circumvent any technological measure or authentication measures to protect the Services;
  • Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property;
  • Run Maillist, Listserv, or any form of auto-responder or “spam” via the Services;
  • Attempt, in any manner, to gain unauthorized access to any other user’s information;
  • Access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by DSW;
  • Manipulate or otherwise display the Services by using framing, mirroring, or similar navigational technology;
  • Use any robot, spider, scraper, or other automated or manual means to access the Services or Website or copy any content or information from the Services or the Website;
  • Create more than one DSW account (and if DSW disables your account, you may not create another one without DSW’s written permission);
  • Contact or submit information to DSW under more than one name (or to contact DSW under a different name if DSW has asked you to cease contact);
  • License, sublicense, assign, convey, or transfer any rights granted hereunder;
  • Publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise exploit the Services or Website;
  • Copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations of the Services;
  • Use the Services or Website in any manner that may infringe on any intellectual property rights, rights of privacy, or other rights of any third party;
  • Use the Services or Website for any service bureau, time-sharing, resale, or similar purposes;
  • Remove, obscure, or alter any trademark, service mark, or other intellectual property rights notices on or related to DSW, the Services, or the Website; or
  • Access or use the Services or Website for any purpose other than as expressly permitted under these Terms of Use.

If you access or use, or permit any other individual or entity to access, any part of the Services in breach of these Terms of Use, your right to use the Services will terminate immediately.  DSW also reserves the right to terminate your account and/or use of the Services, including access to any agent, employee or representative of DSW or its affiliates, immediately and at any time if you breach or threaten to breach these Terms of Use, including but without limitation, allowing a person or entity to use your account.  DSW further reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing.  It is your responsibility to safeguard your account and login information.  You will immediately notify DSW of any unauthorized use of your account, the Services, or any other breach of security of which you become aware involving or related to the Services by emailing DSW at [email address].

You will be responsible for all costs and expenses associated with using the Services including that you have necessary and compatible technology, hardware, systems, and software to use the Services as directed by DSW.

  1. Payments to DSW

As part of the Services, you may be offered the opportunity to purchase access to a telephone, video phone, or Internet-based conference with a DSW representative for purposes of discussing Submitted Information (“Conference”).  Fees charged for Conferences and other services are non-transferable.  DSW may modify the prices charged for a Conference or any service at any time.  Fees charged for a Conference or other service are non-refundable unless otherwise required by law.

Payments will be processed through a third party payment processor.  You agree to be bound by the terms of use of the third party payment processor.  If the third party payment processor is unable to process payment for the Conference or service in a timely manner, DSW, at its option, may either cancel the request for a Conference or service or may reach out to you for an alternate means of payment.

Because of occasional failures of some credit cards and/or bank account withdrawals, DSW cannot guarantee that DSW will receive your payment.  DSW is not responsible for the policies of any payment processor, including for withdrawing funds from your account or for charges to your credit or debit card.  DSW reserves the right to use other methods of payment aside from third party processors.  Due to DSW’s reliance on third party processors for processing any payments to DSW, DSW is not responsible for the ultimate success or failure of any payment.

  1. Third Party Services

Your use of the Website or the Services may involve interaction or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as PayPal, UberConference, or social media providers.  The Services may also contain links to or have features that are hosted by third party services.  DSW reserves the right to add, modify, or discontinue any third party services made available via the Services at any time without prior notice to you.

These Terms of Use do not address the policies or practices of the providers, owners, or controllers of the third party services and do not grant you any rights in or to any third party services.  Your use and access of any third party services and the provision of third party services to you are governed by your separate agreement with the third party service provider (including their online terms of use and privacy policies), and not these Terms of Use.  You are responsible for making the necessary or appropriate investigations before using or accessing any such third party services.  Consequently, you should review the terms and conditions governing the third party services before using the third party services and you are solely responsible for complying with these terms and conditions.  You should contact the third party service provider directly if you have any questions or concerns about their terms and conditions or services provided.

To the extent permitted by applicable law, you agree that DSW shall not be responsible or liable for any loss or damage of any sort incurred as a result of your use of any third party services or your interactions with third party service providers.  DSW does not approve, review, monitor, control, endorse, or make any representations, guarantees, or warranties with respect to any third party services.  DSW’s liability and your remedies with respect to any third party services provided by a third party in connection with these Terms of Use will be limited to whatever recourse may be available against the third party service provider.

  1. Ownership

Subject to the rights expressly granted by DSW to you under these Terms of Use, DSW exclusively owns all rights, title, and interest in and to the Website and the Services, including all intellectual property rights therein.

DSW will be free to use its general knowledge, skills and experience, and any ideas, concepts, know-how, methodologies, and techniques that it acquires or uses in the course of providing the Services for any purpose.

In addition, through your use of the Website and the Services you may from time-to-time submit feedback, comments, suggestions, questions, ideas, materials, information about real estate or investment opportunities, or other information to DSW or its users concerning the Services, Website, a potential deal on which you would like DSW to provide feedback, or other products, services, technology, techniques, processes, or materials (“Feedback”).  All Feedback and any other content, idea, drawing, design, information, communication, documents, or other material submitted or transmitted to DSW (“Submitted Information”) becomes the sole property of DSW.  DSW may freely use, copy, disclose, license, distribute, and otherwise exploit such Submitted information in any manner, including in connection with its own products, services, and/or offerings, without any obligation, payment, royalty, or restriction whether based on intellectual property rights or otherwise.  You agree that any Submitted Information is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and DSW in any way, and that you have no expectation of any review, compensation, or consideration of any type.

  1. [Public Forum; Rules of Conduct.

From time-to-time DSW may allow users to post Submitted Information publicly and to provide comments and feedback on publicly available information on the Website or available through the Services (“Public Forum”).  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 INFORMATION SUBMITTED TO THE PUBLIC FORUM.  DSW cannot guarantee the security or accuracy of any information disclosed through the Public Forum; you make such disclosures and receive such information at your own risk.  DSW is not responsible for, and does not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

To the maximum extent of applicable law, you are and shall remain solely responsible for the Submitted Information made available under your name through the Services or Public Forum and for the consequences of submitting and posting such information.  DSW reserves the right to screen, refuse to post, remove, edit, store, review, and use any Submitted Information at any time in our absolute and sole discretion without prior notice.

You agree that, in addition to any other restriction under these Terms of Use, you will not post or transmit any Submitted Information that:

  • (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) 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 Submitted Information 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 abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • 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);
  • (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum; or (iii) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.]
  1. Term and Termination.

These Terms of Use will remain in full force and effect until such time as DSW terminates these Terms of Use or terminates, discontinues, or cancels your access to the Services.  If you create an account, your account will remain in effect until cancelled by you or terminated by DSW in accordance with the Terms of Use.  DSW reserves the right to suspend, revoke, discontinue, terminate, or otherwise cancel your account, use of or access to the Services on breach of these Terms of Use.  DSW further reserves the right to suspend, revoke, terminate or otherwise cancel these Terms of Use or discontinue or otherwise cease providing Services at any time, for any reason, with or without prior notice to you.  Any of the above shall constitute a “Termination”.

On Termination, your account, if any, and access to the Services shall automatically cease and DSW may delete any and all information related to you.  In the event of a Termination resulting from your breach of these Terms of Use, no refund for pre-paid Conferences, services, or features shall be issued.

Sections 4, 5, 7, 8, 9, 10, 11, 12, and 13 will survive any Termination.  You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services under any other name, real or assumed, and further agree that if you violate this restriction after Termination, DSW is entitled to recover damages, costs, and attorneys’ fees incurred by it as a result thereof.

Except as otherwise provided in the DSW Privacy Policy or as otherwise required by applicable law, DSW has no obligation, whether before or after Termination, to return or otherwise provide to you or any third party on your behalf any content, any information that you have provided to DSW, or any other information DSW may have that relates to you.

  1. Indemnification.

You will defend, indemnify, and hold harmless DSW, its affiliates, officers, directors, agents, representatives, and employees from any claim, suit, or demand (including legal fees) that is based on or arising out of your : (i) breach of these Terms of Use, (ii) violation of any third party’s rights, including without limitation any intellectual property or privacy rights, (iii) access to, use, or misuse of the Services, or (iv) other actions or omissions resulting in liability or loss to DSW.  DSW will promptly notify you in writing of a claim or suit and provide reasonable cooperation (at your expense) and full authority to defend the claim or suit.  You may not settle any claims which relate to or otherwise impact DSW without DSW’s written consent which may be withheld in its sole discretion.

  1. Disclaimers.

THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.  DSW MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT ANY OF THE INFORMATION RECEIVED FROM DSW OR AVAILABLE THROUGH THE SERVICES IS APPROPRIATE OR ACCURATE FOR INVESTMENT PURPOSES.  DSW HAS NOT ACTED AS AN INVESTMENT, LEGAL, OR REAL ESTATE ADVISOR IN ANY CAPACITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS AND ERRORS.  ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OR ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COUSE OF DEALING OR USAGE OF TRADE.

YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK.  DSW DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT, AND DSW DISCLAIMS ANY LIABILITY RELATING THERETO.

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DSW, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DSW KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSW’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO DSW FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM.  THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

DSW shall be free from any claim, liability, or responsibility pursuant to these Terms of Use for failure to perform or delay in performing any obligation where such failure is due to any event beyond DSW’s reasonable control, including but not limited to any natural or environmental disaster, power outage, war, terrorism, accident, government law or regulation or requirement, act of God, or any other cause beyond the control of DSW.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and DSW.

  1. Governing Law; Disputes.

DSW is the owner of the Services and is based in [Puerto Rico, a territory of the United States].  DSW makes no claims that DSW’s Services are available or appropriate for use outside of the United States.  Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local law, is and to the extent applicable.  Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited.  You may not use or export, or re-export the Services or any copy or adaptation thereof in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

You expressly agree that the Terms of Use and any dispute, claim, action, cause of action, issue, or request for relief between you and DSW arising out of or relating to DSW and the Services (“Disputes”) will be governed by and construed under the laws of the State of [Colorado], United States, without giving effect to any conflicts of laws provisions.  You and DSW irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in [Denver County, Colorado] for all Disputes.

DSW’s priority is to learn about and resolve any concerns related to its Services.  You agree that you will first notify DSW about any concerns or Dispute you have with DSW, its Services, or the Terms of Use by contacting DSW at [email].  Once DSW receives your notice it will try to resolve the Dispute informally by contacting you through email.  If a Dispute is not resolved within 90 days after your submission, you or DSW may bring a more formal proceeding [as described below].

[You and DSW agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis.  Arbitration on an individual basis is the exclusive remedy for any Dispute which might otherwise be brought on a class, collective, or representative basis between you and DSW.  This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C., § 1 and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use.  The AAA Rules are available online at www.adr.org.  The arbitration shall take place in Denver, Colorado.  The arbitrator shall have no right to make errors of law or legal reasoning and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.  You and DSW shall select a mutually agreeable arbitrator from the AAA.  Unless otherwise precluded by law, you and DSW shall each separately pay your or its own attorneys’ fees and costs.  You agree that if any provision of this arbitration agreement is held by an arbitrator or court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law.  However, in the event that the provisions above waiving and precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.]

Notwithstanding the preceding paragraph and without prejudicing any other remedies available to DSW, DSW may bring a claim for injunctive or similar equitable relief in any state or federal court of competent jurisdiction, in or outside of Denver, Colorado, without first engaging in arbitration or any other dispute resolution process.  A bond of no greater than $2,000 shall be sufficient to seek an injunction.

  1. Limitations on Disputes.

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to this Dispute, or you forever waive the right to pursue any Dispute based on such event or facts.

  1. General.

These Terms of Use, which include DSW’s Privacy Policy, and any other agreements or terms that DSW may post on the Services, constitute the entire agreement between you and DSW in relation to the Services and supersede any prior agreements between you and DSW regarding the Services, including prior versions of these Terms of Use.  These Terms of Use or any of DSW’s rights or obligations thereunder may be assigned, delegated, or transferred by DSW at any time without your consent.

DSW’s failure to enforce any provision of these Terms of Use will not constitute a waiver of such right.  If a part of these Terms of Use as written cannot be enforced, then that part will be replaced with terms that most closely match the intent of the parties to the extent permitted by applicable law.  The invalidity of any part of the Terms of Use shall not affect the validity and enforceability of any other remaining portion of these Terms of Use.

The headings used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use.  The words “includes” and “including”, and similar terms are not words of limitation.  No rules of construction apply to these Terms of Use.

Neither these Terms of Use nor use of the Services operate to create any joint venture, partnership, employment, or other agency relationship between you and DSW.  You may not enter into any contract on DSW’s behalf or bind DSW in any way.

You may not assign your rights under these Terms of Use and any such attempt will be null and void.  These Terms of Use are for the benefit of you and DSW only.  The parties do not intend to confer any rights or benefits on any third party and no third party may enforce any portion of these Terms of Use.

[If you believe that any of your privacy or intellectual privacy rights have been violated as a result of any Submitted Information, please contact us at [email].  Please provide us with as much detail as possible, including the name or username of the person who you believe is infringing your rights, a copy of the allegedly infringing information, a description of why you believe the Submitted Information has infringed your rights, and your name and contact information so that we may contact you, if necessary.]

If you have any questions or concerns about these Terms of Use, please contact us at [email].

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