WealthDrive Advisory, LLC., (hereinafter “WealthDrive Advisory” or “Adviser” or “Advisor”) is a privately held company headquartered in Rustburg, Virginia. The following describes Adviser

 

Adviser operates a website at www.WealthDriveAdvisory.com and/or our mobile applications (“our website” (which includes our blog), “our app” or “WealthDrive Advisory”).

1.1 Purpose

We offer an investment service. Should you choose to become our Client, we will provide investment advice and recommendations. Our unique service is made possible by utilizing third party software from WealthDrive, Inc. WealthDrive, Inc. is not affiliated with WealthDrive Advisory, LLC.

1.2 Agreement

When you access our website at www.WealthDriveAdvisory.com and/or our mobile applications (“our website” (which includes our blog), “our app” or “WealthDriveAdvisory”) as a User, you’re agreeing to be bound by the following Terms of Use, and, if you’ve elected to become a Client, our Client Agreement. Please therefore take the time to read the following binding Terms of Use below.

For the purpose of this agreement a User is an individual who uses our website or mobile application to evaluate our service, or for educational purposes, and a Client is an individual who signs our Client Agreement that entitles the Client to access to our client portal and/or receive investment advice and recommendations from Adviser. This Agreement, as well as the Privacy Policy applies to both Users and Clients.

If you elect to become a Client, you will be subject. to these Terms of Use, Advisory Client Agreement, Privacy Policy and any additional terms to which you agree when you create an account.

2.1 Eligibility

WealthDrive is intended solely for individuals who are 18 or older. Any access to or use of WealthDrive by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using Adviser, you represent and warrant that you are 18 or older.

2.2 Your Access

In order to access certain features of Adviser, you must register to create an account (“User Account”). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Adviser has physical, electronic and procedural safeguards that comply with federal standards to guard Users’ and Clients’ non-public personal information (see Privacy Policy).

You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Adviser immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions.

You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete.

You agree to hold Adviser harmless in all regards but none less than any losses, legal fees, etc.

2.3 Alerts, Notifications and Service Communications

By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.

We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.

You may unsubscribe from marketing oriented emails at any time.

3.1 For A User Who Is Not A Client

You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Adviser cannot be guaranteed and that Adviser cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become Clients, at the sole discretion of Adviser. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule.

You agree and understand that your use of Adviser is for investment advice and recommendations, and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own trade entry and execution.

3.2 Disclaimer of Warranties

Your use of Adviser’s Website, and the personal information you provide is at your sole discretion and risk. Adviser’s Website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Adviser.

ADVISER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ADVISER’S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ADVISER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:

1. REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ADVISER’S WEBSITE, CONTENT AND/OR USER INFORMATION;
2. THAT ADVISER’S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
3. THAT ADVISER’S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR
4. REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY ADVISER ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.

No advice or information, whether oral or written, obtained by you from Adviser’s Website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

3.3 Limit of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER OR TO ANY THIRD PARTY FOR DAMAGES RESULTING FROM ANY CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER CAUSED BY FAILURE TO DELIVER, NONPERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE PRIOR SIX MONTHS OF FEES RECEIVED BY ADVISER PER THE APPLICABLE SOW UNDER WHICH THE CLAIM AROSE, DETERMINED FROM THE DATE THE CLAIM IS MADE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES, LOSS OF INITIAL ACCOUNT INVESTMENT, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT PROVIDED HEREUNDER OR OTHERWISE AVAILABLE AT LAW OR INEQUITY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, OR FOR ANY CLAIM AGAINST EITHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER THE PARTY FROM WHOM RECOVERY IS SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

No claim, suit, or action regardless of form, arising from or relating to either Party’s acts or ommissions in performance of this Agreement may be brought or asserted more than one (1) year after the date of the act or omission giving rise to the claim, suit or action.

Without prejudice to the generality of the foregoing, Customer(s) is responsible for the due diligence, knowledge of the types of risk(s), diversification, and all processes and actions to guard against the negative performance of a Customer’s account value(s), and Adviser shall not be liable for any loss of account value(s), executed trade(s), non-executed trade(s), diversification, non-diversification, account performance, and investment selection(s) that might affect the account value in whole or in part to a defect in the Adviser’s trading methodology, execution of trade(s), or any other occurance or circumstance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITATIONS CONTAINED IN THIS SECTION APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY).

You may request termination of your User Account at any time and for any reason by sending an email to support@WealthDrive.com.

We may terminate or suspend your access to Adviser, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.

Any suspension, termination, or cancellation shall not affect your obligations to Adviser under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Virginia, U.S.A. excluding that body of law pertaining to choice of law or conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Campbell County, Virginia, and the parties hereby irrevocably consent to the personal jurisdiction of that Court, and to venue therein.

6.1 Acknowledgements

You agree and acknowledge you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
• Use the services solely for your personal, non-commercial use;
• Use your real name on your profile and keep your password confidential;

Use the Services in a professional manner.

6.2 Acknowledgements of Don’ts

You agree and acknowledge you won’t do any of the following:

• Circumvent, disable, or otherwise interfere with security-related features of Adviser or features that prevent or restrict use or copying of any content or User information;
• Upload, email, transmit, provide, or otherwise make available:
  • any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
  • any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
  • unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
  • any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Adviser; or
  • any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Adviser; or
  • any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
• Use any meta tags or other hidden text or metadata utilizing an Adviser name, trademark, URL or product name;
• Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Adviser to send altered, deceptive, or false source- identifying information;
• Interfere with or disrupt (or attempt to interfere with or disrupt) any Adviser web page, server, or network, or the technical delivery systems of Adviser’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Adviser.
• Attempt to probe, scan, or test the vulnerability of any Adviser system or network or breach or impair or circumvent any security or authentication measures protecting Adviser;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Adviser;
• Attempt to access, search, or meta-search Adviser or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Adviser or other generally available third- party web browsers, including without limitation any software that sends queries to Adviser to determine how a website or web page ranks;
• Violate the terms of service or any other rule or agreement applicable to you or Adviser’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
• Collect or store personal information about other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
• Solicit any User for any investment or other commercial or promotional transaction;
• Violate any applicable law, regulation, or ordinance;
• Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
• Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
• Copy or use the information, content or data on Adviser in connection with a competitive service (as determined by Adviser);
• Monitor Adviser’s availability, performance or functionality for any competitive purposes
• Use Adviser or content thereon in any manner not permitted by these Terms of Use
• Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Adviser or content thereon by any person, please contact Adviser to report any abuse. Adviser has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Adviser Copyright and Intellectual Property Policy for further information.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Adviser, and any prohibited assignment will be null and void.

Adviser may assign this Terms of Use Agreement or any rights hereunder without your consent. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Use, Client Agreement, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.

We reserve the right to change this Agreement by posting a revised Terms of Use, and we agree that changes cannot be retroactive. If you don’t agree with these changes, you must stop using Adviser.

You agree the only way to provide us legal notice is at the address provided in Section 9.5.

8.1 Adviser is only available for use in the United States

We make no representation that Adviser is appropriate or available for use outside the United States. Similarly, we make no representations that accessing Adviser from locations outside the United States is legal or permissible by local law. If you access Adviser from areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws.

9.1 Integration and Severability

This Agreement is the entire agreement between you and us with respect to Adviser, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

9.2 Advice may Differ

You understand and agree that we may act as an investment advisor for Clients and will continue to do so. We and our personnel may make recommendations and take action for Clients that may differ from the recommendations we give to you or the action we take on your behalf.

In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.

9.3 Communications

You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Adviser’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Adviser (or its assignees). These Terms of Use together with the Adviser’s Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between Adviser and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) Adviser via email (in each case to the address that you provide), or (b) you via email to support@WealthDrive.com or to such other addresses as Adviser may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

9.4 Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at support@WealthDrive.com. You agree, however, that (i) by submitting unsolicited ideas to Adviser or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Adviser. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Adviser together with all intellectual property rights therein. In addition, you warrant that all moral or equitable rights in any feedback have been waived, and you do hereby waive any such moral or equitable rights.

9.5 Questions

This document constitutes Adviser’s complete Terms of Use for Adviser and related services.

If you have questions about these Terms of Use or about Adviser or content thereon, please contact Adviser at support@WealthDrive.com.