WEBSITE TERMS OF USE
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE WEBSITE TERMS OF USE (HEREINAFTER “TERMS OF USE”) AND READING THE WIENKEN ADVISOR, LTD. PRIVACY POLICY FOR THIS WEBSITE (“WEBSITE”), WHICH IS OWNED AND OPERATED BY WIENKEN ADVISORS, LTD., ARE REQUIRED CONSIDERATIONS FOR WIENKEN ADVISORS GRANTING YOU THE RIGHT TO VISIT, READ, TRANSACT, PROCESS PAYMENTS FOR, OR INTERACT WITH IT IN ANY WAY. BY VISITING THE WEBSITE YOU ARE ACKNOWLEDGING THAT ALL TERMS OF USE HAVE BEEN TRANSMITTED TO YOU. ANY AND ALL AGREEMENTS, REPRESENTATIONS, PROMISES, WARRANTIES, ACTIONS, OR STATEMENTS BY VISITOR THAT DIFFER IN ANY WAY FROM THE TERMS OF USE SHALL BE GIVEN NO FORCE OR EFFECT.
ALL PERSONS ARE DENIED ACCESS TO OR USE OF THE WEBSITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, TRANSACTING PAYMENTS ON BEHALF OF, OR INTERACTING WITH THE WEBSITE AS A CUSTOMER, MERCHANT SERVICE PROVIDER, PUBLISHER, ADVERTISER OR ANY INTERACTION WHATSOEVER, YOU ARE AGREEING TO ALL THE PROVISIONS OF THE TERMS OF USE AND PRIVACY POLICY OF WIENKEN ADVISOR, LTD. (HEREINAFTER “WIENKEN ADVISORS” OR “WA”), INCLUDING ANY CHANGES TO THE TERMS OF USE OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE, WHICH WA MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THE WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THE WEBSITE OR ITS CONTENTS IN ANY MANNER. THE WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
ONLY CITIZENS OF THE UNITED STATES OF AMERICA OR RESIDENT ALIENS MAY PURCHASE A PRODUCT OR SERVICE OFFERED BY OR THROUGH WA ON THE WEBSITE.
WA RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND AS OTHERWISE DETAILED IN THE PRIVACY POLICY.
THE TERMS OF USE MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THE WEBSITE, TO KEEP THEMSELVES INFORMED OF ANY CHANGES.
- PARTIES TO THE TERMS OF USE
Visitors, viewers, users or customers, collectively referred to herein as “Visitors”, are parties to the Terms of Use. Visitors understand and acknowledge that the Terms of Use supersede any and all Visitors agreements with Wienken Advisors, including but not limited to Visitors own electronic website terms of use, privacy policy or other proposed legally binding agreements located on another website.
Wienken Advisors hereby rejects all Visitors website electronic agreements including but not limited to any Visitor’s terms and conditions. The Terms of Use shall govern all parties and in the event of a dispute between WA and Visitor, the parties agree that mediation and binding arbitration will be used to resolve any claims or disputes as detailed herein. Any and all agreements, representations, promises, warranties, actions, or statements by Visitor’s website or other proposed agreement that differ in any way from the Terms of Use shall be given no force or effect.
- USE OF INFORMATION FROM THE WEBSITE
Unless a Visitor has entered into an express written contract with Wienken Advisors to the contrary, Visitors have no right to use Website information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, share it, or publish any portion of its content. By viewing the contents of the Website Visitors agree to this condition of viewing and acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Visitors have no rights whatsoever to use the content of, or portions thereof, including its educational materials, written, electronic, video, photographic, audio, databases, invisible pages, linked pages, underlying code, or other intellectual property the site or its offerings may contain, for any reason for any use whatsoever beyond the specific permission granted by WA when materials, products or services are purchased directly from WA through the Website. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing contents of the Website and that viewing constitutes acceptance.
- OWNERSHIP OF THE WEBSITE AND PROHIBTION OF OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The Website and its contents are owned and licensed by Wienken Advisors, Ltd. Material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Website’s contents beyond the specific permission granted by WA when materials, products or services are purchased directly from WA through the Website.
- HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by WA, no one may hyperlink the Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (web address) of the Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with WA to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
- DISCLAIMER FOR CONTENTS OF SITE
WA disclaims any responsibility for the accuracy of the content of the Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless a Visitor has otherwise formed an express contract to the contrary with WA, Visitor has no right to rely on any information contained herein as being accurate. WA assumes no responsibility for damage to computers or software of Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to a Visitor’s computer.
- DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from this site at their own risk. The Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
- LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with the Website, including banners, advertising, pop-ups or downloads, and as a condition of WA to allow lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how extensive, foreseeable or unforeseeable, whether personal or business in nature.
- INDEMNIFICATION
In the event that a Visitor causes damage which WA is required to pay for, the Visitor, as a condition of viewing the Website, agrees and promises to reimburse WA for all such payments.
- NOTICE
As a condition of Visitor’s use of the Website, Visitor acknowledges that Visitor has been offered a copy of the Wienken Advisors Form ADV firm brochure and brochure supplement to view, print or download. [CLICK HERE TO VIEW – FORM ADV PART 2A PART 2B]
No additional notice of any kind for any reason from WA is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.
- DISPUTES
As part of the consideration that WA requires for viewing, using or interacting with the Website, Visitor agrees to use mediation and binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to any use or purchases made through the Website, including solicitation issues, privacy issues, and terms of use issues. In the event the Visitor is the prevailing party, the Visitor shall bear the cost of its own attorney fees. In no case shall the Visitor, viewer or customer have the right to go to court or have a jury trial.
- DISPUTES TO BE MEDIATED OR ARBITRATED AND APPLICABLE LAW
If a dispute arises from or relates to the Terms of Use, or the breach thereof, and if the dispute cannot be settled through direct discussions and negotiations, the parties hereto agree to endeavor first to settle the dispute by mediation administered by the AAA Commercial Mediation Procedures before resorting to arbitration. Any unresolved claim, dispute or controversy arising from or relating to the Terms of Use, or breach thereof, shall be settled by arbitration administered by the AAA Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered into any court having jurisdiction thereof. The parties agree that any mediation or arbitration will apply Pennsylvania substantive law and be held in Harrisburg, Pennsylvania.
- CONTACT INFORMATION
The operator of the Website can be reached at clenz@financialguide.com.
