WEALTH PLANNING NETWORK 1. The Service. Wealth Planning Network (“Wealth Planning Network”) Without limiting the specific aspects of the Service offered by Wealth Planning Network (as further described herein and on the Site), the features of the Service include: (i) assisting you with service providers (i.e., broker/dealers and/or custodians) so that you can monitor your investment programs (as pre-determined by you). Each Subscriber is expected to know his or her own financial plan and investment portfolio objectives when utilizing the Service, the purpose of the Service is to assist you in identifying one or more service providers (i.e., broker-dealer and/or custodian) to implement a Subscriber’s pre-determined investment portfolio decisions. No specific investment related recommendations tailored to any Subscribers specific needs shall be made by any Wealth Planning Network employee assisting you with the Service (such person, a “Servicer”). You are encouraged to obtain financial service and/or advice from the corresponding legal, accounting and/or investment advisory professionals of your choice if, while consulting with a Servicer, certain questions or issues arise related to financial planning, investment advice or specific investment or securities choices; no Servicer is permitted to advise you related to any such matters. You are advised that you have the sole authority with regard to the implementation, acceptance, or rejection of any matters (this is, choices of the broker-dealers or custodians) on which the Servicer may advise; and (ii) once you have chosen your service provider, the Servicer may assist you in completing the paperwork associated with engaging your chosen service provider. While the Servicer will assist you in filling out and completing such paperwork, you will be responsible for deciding, in such paperwork, if applicable, your own financial plan and investment suitability parameters and/or investment objectives. For further information on the Service, including pricing, etc., please refer to the Site. There are other features and aspects of the Service not specified above but which you will find on the Site. You agree to be bound by the terms and conditions of each feature and aspect of the Service, such agreement inferred by your use of the Site. 2. Scope of Engagement. The limited scope and nature of the Service is defined by the following: (a) The Subscriber acknowledges and understands that Wealth Planning Network’s Service does not include legal advice, accounting advice, financial planning services, investment advice, investment supervisory or management services, nor any review (regular or otherwise) or monitoring of a Subscriber’s investments or investment portfolio. No aspect of the Service shall be tailored to any Subscriber’s specific investment portfolio or any particular financial planning need of any Subscriber. Wealth Planning Network is not registered with any federal or state regulatory agency as an investment advisor or as a securities broker-dealer. No specific investment or wealth planning related recommendations tailored to any Subscriber’s specific needs shall be made by the Servicer. Neither Wealth Planning Network nor any of it’s employees, officers, principals or associated person(s) provide investment implementation services. To the extent that the Subscriber determines it requires or desires financial advice of any sort, the Subscriber is encouraged to obtain services and/or advice from the corresponding legal, accounting, wealth or investment advisory professionals of his or her choosing. (b) The Subscriber acknowledges and agrees that the Service (i) is entirely impersonal in nature in that it is not tailored to any specific wealth plan or investment portfolio of any Subscriber, and (ii) has not, is not and will not develop into a fiduciary person-person relationship with any Subscriber. (c) The Subscriber acknowledges that he or she has the sole authority with regard to the implementation, acceptance, or rejection of any matters related to the Service. The Subscriber is encouraged to obtain securities brokerage, wealth planning, investment management, insurance, legal, and/or accounting advice or services from any professional source of his/her choosing. Subscriber will retain absolute discretion over all implementation decisions. (d) To the fullest extent permitted by applicable law, Subscriber hereby releases and discharges Wealth Planning Network, and its employees, officers, advisors and affiliates from any and all liability for any losses arising from the Subscriber’s direct or indirect use of the information related to the Service, whether or not caused in whole or in part by Wealth Planning Network’s negligence or by contingencies within or beyond Wealth Planning Network’s control, and agrees to indemnify Wealth Planning Network for any losses related to such liabilities. (e) Wealth Planning Network is providing the Site and the Service on an “as is” basis and makes no representations or warranties of any kind whatsoever with respect to the Site and the Service, including with respect to the use or suitability of the Site and the Service, for any purpose. Wealth Planning Network disclaims all warranties, representations and conditions regarding the Site and the Service, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from the libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from the course of dealing, usage or trade practice. 3. Acknowledgement. All Services are provided by Wealth Planning Network to the Subscriber via the Site. Subscribers do not receive legal advice, accounting advice, financial planning services, investment advice, investment supervisory or management services, nor any review (regular or otherwise) or monitoring of a Subscriber’s investments, therefore, the Subscriber should not assume that his or her participation in the Service serves as a substitute for individual personalized advice from an investment advisor or financial planner. Subscribers maintain absolute discretion as to whether or not to follow any proposed objective recommendations, or any portion thereof, related to which broker/dealers and/or custodians may be appropriate for a particular Subscriber or related to filling out and completing any paperwork related to a service provider. Wealth Planning Network does not offer or provide initial or ongoing individual personalized advice (neither in person nor via the Site). 4. Assignment. This Agreement may not be assigned by the Subscriber without the prior written consent of Wealth Planning Network. 5. Arbitration. THIS AGREEMENT HAS BINDING ARBITRATION PROVISION. Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to the Services, both Wealth Planning Network and Subscriber agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”). Wealth Planning Network and Subscriber understand that such arbitration shall be final and binding, and that by agreeing to arbitration, both Wealth Planning Network and Subscriber are waiving their respective rights to seek remedies in court, including the right to a jury trial. Subscriber acknowledges that he/she/it has had a reasonable opportunity to review and consider this arbitration provision prior to accepting this Agreement. Subscriber acknowledges and agrees that in the specific event of non-payment of any portion of Wealth Planning Network’s fee pursuant to the Site, or in the event of any arbitrator determines that any arbitration initiated by the Subscriber was frivolous, Wealth Planning Network, in addition to the aforementioned arbitration remedy, shall be free to pursue all other legal remedies available to it under law, and shall be entitled to the reimbursement of reasonable attorneys fees and other costs of collection. 6. Privacy Notice. The Subscriber acknowledges prior receipt (via the Site) of Wealth Planning Network’s Privacy Notice. 7. Applicable Law. This Agreement supersedes and replaces, in its entirety, all previous written and/or oral acknowledgements or agreement(s) (if any) between the Subscriber and Wealth Planning Network related to the Service. To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws or the Commonwealth of Pennsylvania. In addition, to the extent not inconsistent with applicable law (or the arbitration provision provided in Section 6), the venue (i.e location) for the resolution of any dispute or controversy between Subscriber and Wealth Planning Network shall by the County of Chester, Commonwealth of Pennsylvania. 8. Authority. The Subscriber acknowledges that he or she has (have) all requisite legal authority to execute this Agreement. The Subscriber correspondingly agrees to immediately notify Wealth Planning Network, in writing, if this representation should change. 9. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall still be valid. 10. Copyright and Trademark. Unless specifically stated in conjunction with particular aspect of the Service, all material related to the Service is copyrighted by Wealth Planning Network. All trade names, trademarks, service marks and other product and service names and logos related to the Service are the propriety trademarks of Wealth Planning Network and are protected by applicable trademark and copyright laws. |