Well Insured TERMS OF USE
PLEASE READ THESE TERMS OF USE. BY USING Well Insured, YOU AGREE TO ABIDE BY THIS AGREEMENT.
The following terms (“Terms of Use”) constitute an agreement between Yieldmark, LLC, a Texas limited liability company (“Well Insured”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by SG (“Website”), located at https://finsmartorg.wpengine.com/.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Well Insured reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
THE WEBSITE
The Website contains information in the form of blog posts, articles, ebooks, courses, links to third-party providers and a forum where users can share information. The Website is designed to help you locate news and information that may be of interest to you and to help you locate products, services, and suppliers that may be of interest to you. You acknowledge and agree that we are not responsible for any third-party content and that you must evaluate any such third-party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.
Privacy Policy
Registration data, if any, and other information about you is subject to the Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy, which is herein incorporated by reference.
CONTENT DISCLAIMER
Well Insured has made every effort to ensure that all information on the Website has been tested for accuracy. Well Insured makes no guarantees regarding the results that you will see from using the information provided on the Website.
All Website content, Books and Courses are provided for informational purposes only.
Well Insured has made every effort to ensure that all materials within the Website, Books and Courses have been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided by Well Insured. Well Insured assumes no management responsibility for your decisions or for policies or practices that you implement.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Well Insured makes no guarantees regarding results, present or future. Well Insured is not responsible for your earnings, income, sales, or any other business performance as a result of this Agreement.
The information provided on the Website, and in the Books and Courses is provided “as is” without any representations or warranties, express or implied. Well Insured make no representations or warranties in relation to the information provided in the content.
Well Insured disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website, in the Book or the Courses. Well Insured assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website, in the Books or the Courses.
YOUR RESPONSIBILITY
The Website, Books and Courses were developed strictly for educational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website, and in the Books and Courses. Well Insured makes no representations, warranties or guarantees. You understand that results may vary from person to person. Well Insured assumes no responsibility for errors or omissions that may appear in the Website, Books and Courses.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER WE, OUR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
Securities, Investment and Financial Information Disclaimer
None of the information, advertisements, website links, or any opinions expressed constitutes a solicitation of the purchase or sale of any securities, options or commodities. Well Insured, its affiliates, agents and partners are not liable for any losses or damages, monetary or other that may result from the application of information contained within this Website and/or newsletter. Within the Website, Well Insured publishes materials that meet specific criteria representing characteristics associated with described trading strategies, education or resources. Users must do their own due diligence in analyzing featured stocks, options or trades to determine if they represent a suitable opportunity. Well Insured and any of their agents, affiliates, representatives, employees, principals, business associates or affiliates, partners or independent contractors are not responsible for any losses or profits that may result from the application of information contained within this Website or links mentioned on the Website. Past performance is not indicative of future results. Stock market trading involves substantial risk. You can lose money trading. The past results posted on this site are meant to give you a reasonable idea of what you could have made or lost trading by following Well Insured, but are in no way an exact reflection of what you would have made or lost. Therefore, you should not rely on our past trade results as a perfect replication of what your returns or losses would have been by following the posts. There are inherent risks involved in the stock market and these risks should be considered prior to any decision. Well Insured may or may not hold a position in any stocks listed at the time of publication and reserve the right to buy or sell any security, option, future or derivative product without notification.
Please note that Well Insured or its principals may already have invested or may from time to time invest in securities that are recommended or otherwise covered on this website. Neither Well Insured nor its principals intend to (unless they wish to) disclose the extent of any current holdings or future transactions with respect to any particular security. You should consider this possibility before investing in any security based upon statements and information contained in any report, post, comment or recommendation you receive from Well Insured.
Nothing published by Well Insured should be considered personalized investment advice. Although Well Insured may answer your general questions or comments, they are not licensed under securities laws to address your particular investment situation. No communication by Well Insured to you should be deemed as personalized investment advice.
Well Insured receives compensation in a variety of ways, including direct advertising, affiliate advertising, sponsored content, display advertising, email marketing, and more.
Use of the Website
Unless otherwise stated, Well Insured owns the intellectual property and rights to all content and material on the Website, in the Books and Courses. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Well Insured’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Well Insured.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Well Insured’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Well Insured’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Well Insured or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Well Insured is a trademark of Well Insured and is protected by United States trademark law. Well Insured’s trademarks and trade dress may not be used in connection with any product or service that is not Well Insured’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Well Insured.
From time to time, the Website will legally utilize trademarks owned by third parties related to Well Insured’s services. These trademarks are the respective property of their owners.
PUBLIC FORUMS AND LINKS
“Public Forum” is any area, site or feature offered as part of the Website (including, without limitation, discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Generated Content (as defined below), and/or (b) to communicate, share, or exchange User Generated Content with other Website members or other Website visitors. Well Insured’s Public Forum is found through this link. https://forums.Well Insured.com/
You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. Well Insured DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT Well Insured HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. Well Insured DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL Well Insured BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
COMMUNICATION
If you send Well Insured an email, register to use the Website or provide your email to Well Insured in any other way, you consent to receive communications from Well Insured electronically. You agree that all legal notices provided via electronic means from Well Insured satisfy any requirement for written notice.
THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by Well Insured. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website. Well Insured assumes no control or liability over the content of any third-party sites. You expressly hold harmless Well Insured from any and all liability related to your use of a third-party website.
Prior to engaging in any commercial transactions with any third-parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third-party discovered through or linked on the Website, you expressly hold Well Insured harmless from any and all liability in any dispute.
COPYRIGHT INFRINGEMENT
If you are a copyright owner and you believe that a User has infringed upon your copyrights, you may submit a notification to Well Insured pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at the contact information listed below pursuant to 17 U.S.C. § 512(c)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If the notification does not include all of the above listed requirements, it may not be valid.
If You believe the content at issue in any DMCA notice does not infringe or You have authorization from the copyright owner, You may file a counter-notice with Well Insured’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:
(i) Your physical or electronic signature.
(ii) 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.
(iii) A statement under penalty of perjury that You had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in the Southern District of California and a statement that You will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If Well Insured’s Copyright Agent receives a Counter-Notice, Well Insured will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, Well Insured may replace any removed content within 14 business days of receipt of the counter-notice.
Limit of Liability
IN NO EVENT SHALL Well Insured, OR OUR DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (“THE WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT WE OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE, BOOKS OR COURSES, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold Well Insured harmless and our directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website, Books and Courses and the content thereon or your breach of these Terms of Use or in connection with your use of the Website, Books and Courses.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Well Insured’s prior written consent, however, the Terms of Use may be assigned by Well Insured in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Well Insured.
The Terms of Use may not be altered or modified except by prior written agreement by the parties.