Last Updated: September 19, 2023
 

Welcome to uthenticwealth.com.  The website is owned and operated by Uthentic Wealth, LLC (“Uthentic Wealth,” “we,” “us,” or “our”).  These Terms of Service (“Terms”) apply to your use of the website and services (“Services”) provided by us.  PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  

By accessing and using our Services, you agree to be bound by these Terms.  If you do not agree to these Terms, you may not use the Services. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.  These Terms control the relationship between Uthentic Wealth and you. They do not create any third-party beneficiary rights.  

We may operate additional programs or services which require separate or additional terms.  In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms. 
 

Ownership
The Services and all of the Content (defined next) are owned by us, our licensees, or our licensors.  Your use of the Services does not grant you any right to this content.  Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; trademarks and logos; any and all copyrightable material (including source and object code); the "look and feel" of the Services (collectively, the "Content") is owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms are hereby reserved.

The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Uthentic Wealth, unless and except as is expressly provided in these Terms. Any other use of the Content without the prior written authorization of us is strictly prohibited.

 

License

You hereby grant to Uthentic Wealth a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate such data in other works in any form, media, or technology now known or later developed.  Uthentic Wealth shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services.  You represent and warrant that you have proper authority to grant this license.
 

User Conduct and Responsibilities
As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms.  Additionally, you agree, without limitation, not to: 

   •    Use any content or information available on the Services for any unauthorized purpose;

   •    Interfere with or damage the Services or servers or networks connected therewith or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;

   •    Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

   •    Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

   •    Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 

   •    Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Services;

   •    Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses the Services; 

   •    Make any statements, express or implied, that you are endorsed by Uthentic Wealth without our specific prior written consent;

   •    Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; 

   •    Upload, post, submit, publish, transmit or display in connection with the Services any information or material that threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable; or

   •    Assist any third party in engaging in any activity prohibited by these Terms.

You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services.  We reserve the right to remove, block, and/or monitor, without notice, any visitor that we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these Terms, we may take any action we deem necessary to cure or prevent the violation.  
 

Privacy
We respect your privacy and have taken specific steps to protect it.  Your submission of personal information through the Services is governed by our Privacy Policy.
 

Linking and Third Parties
The Services or communications you receive from us may contain links to third-party websites, applications, or features such as plug-ins or embedded services (together, the “Third Party Services”).  We do not control any of these Third Party Services or any of their content.  The inclusion of any link to Third Party Services does not necessarily imply Uthentic Wealth’s endorsement of or affiliation with that third party.  You acknowledge and agree that Uthentic Wealth has no responsibility or liability for any such Third Party Services.
 

Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, UTHENTIC WEALTH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “UTHENTIC WEALTH PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE UTHENTIC WEALTH MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.

NO INFORMATION PROVIDED VIA THE SERVICES SHALL CREATE ANY WARRANTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE UTHENTIC WEALTH PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES; (ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (iv) AS TO THE QUALITY OR VALUE OF ANY OF UTHENTIC WEALTH’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; (v) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.
THE UTHENTIC WEALTH PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE UTHENTIC WEALTH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.  BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE UTHENTIC WEALTH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE UTHENTIC WEALTH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE UTHENTIC WEALTH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).  

IN NO EVENT WILL THE UTHENTIC WEALTH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE UTHENTIC WEALTH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO UTHENTIC WEALTH FOR THE SERVICES DURING THE PRECEDING YEAR.  

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF UTHENTIC WEALTH'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE UTHENTIC WEALTH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE UTHENTIC WEALTH PARTIES.  BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

Uthentic Wealth reserves the right, at any time, in Uthentic Wealth’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, or any part thereof, and/or your use of or access to them, with or without notice.  Uthentic Wealth shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information. 

Indemnification
You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold harmless the Uthentic Wealth Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.  You agree that the Uthentic Wealth Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Uthentic Wealth Parties in connection therewith.  You will cooperate as fully required by Uthentic Wealth in the defense of any claim.  The Uthentic Wealth Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Uthentic Wealth Parties.  You shall not settle any claim without the prior written consent of Uthentic Wealth.
 

Dispute Resolution
Any controversy between the parties arising out of, in connection with or related to these Terms shall be submitted to final, binding and conclusive arbitration.  The arbitration shall be administered by American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect.  Any arbitration shall be held in San Diego, California and the laws of California shall govern this Agreement without giving effect to any choice or conflict of law provision or rule.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in San Diego County, California, and you consent to exclusive jurisdiction and venue in such courts.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
 

Consent to Communications
By providing us with your contact information and using the Services, you agree to receive communications via e-mail and/or social media from or on behalf of Uthentic Wealth at the email address or telephone number (including mobile number) you provided.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
 

Business Uses
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Uthentic Wealth and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
 

Governing Law
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of laws.
 

No Third Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Uthentic Wealth, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Uthentic Wealth and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Uthentic Wealth, and our successors and assigns.
 

Force Majeure
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
 

No Waiver; Assignment Rights
Uthentic Wealth’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.  We may assign these Terms at any time without notice to you.  You may not assign to anyone else and any attempt by you to assign shall be void. If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
 

Modification
We reserve the right to change these Terms from time to time.  When we do, we will also revise the “Last Updated” date at the top.  We encourage you to periodically review these Terms, so you are aware of any revisions to which you are bound.
 

Contact Us
If you have any questions, comments or concerns regarding these Terms, please contact us via email at info@uthenticwealth.com or submit a request online at www.uthenticwealth.com.