Last Updated: Apr 12, 2022
This page explains our terms of service, which contains important information about your legal rights. When you purchase Capture Your Wealth, you're agreeing to these terms. Everyday language summaries are provided for your convenience only and are not legally binding.
If the person entering into this Agreement is acting on behalf of an entity, all references to “Customer”, “You” and “Your” shall refer to such entity and such person represents that it has the ®authority to bind such entity to this Agreement. For individuals, the Services are available only to those who are at least eighteen (18) years of age and recognized as being able to form legally binding contracts under applicable law.
By using or accessing Our Services, You are agreeing to this Agreement and that any previous agreements between You and Us with respect to the Services are superseded by this Agreement. We may change or modify this Agreement at any time at Our discretion. Any such changes or modifications shall be effective immediately upon the earlier of (i) Our email notification to You advising You of such changes or modifications, (ii) Your electronic acceptance of the revised Agreement after such changes or modifications have been made as indicated by the “Last Revised” date at the top of this page, or (iii) Your continued use of the Services after We post the amended Agreement to this website.
Throughout these Terms of Service, We sometimes provide summaries to the right to assist You in Your review and understanding of these terms. These summaries are not binding and are not part of this Agreement. Please make sure You read and understand the entire Agreement before using Our Services.
1. Account; Point of Contact; Account Ownership
You must register for an account (the “Account”) to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other information indicated as required. You agree that all such information is current and accurate. We will use the email address that You provide as the primary method of communication, including for billing matters. We may reject Your application for an Account for any reason, in Our sole discretion.
You shall designate a single “Point of Contact”, which shall have full authority to enter into agreements and make binding decisions on Your behalf. For security reasons, only the Account owner or Point of Contact designated by the Account owner will be allowed to make account changes or cancellations or to designate a new Point of Contact. You agree that We may rely on representations made by Your Point of Contact. You may change Your Point of Contact at any time. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, We reserve the right to require additional authentication from You.
You must keep Your password secure. We encourage You to use best practices in creating, regularly changing and securing Your password. We will not be liable for any loss or damage from Your failure to maintain the security of Your Account or Your password. You agree to immediately notify Us of any unauthorized use of Your password or any similar breach of security.
In the event of a dispute regarding Account ownership, We reserve the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of Your business license or charter, government issued photo ID, the last four digits of the credit card on file, etc. We retain the right to determine, in Our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If We are unable to reasonably determine the rightful owner of an Account, We reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
2. Our Services
We will provide to You access to those Services to which You subscribe or that You purchase through Your Account (the “Purchased Services”). The Purchased Services shall include access to our members area and the information and files provided there.
As a condition of Your use of the Purchased Services, You acknowledge and agree We may provide Your personal information to Our partners.
3. Fees and Payment
Your Purchased Services include Services that we offer for a fee (“Paid Services”), You agree to pay Us this fee during the initial transaction. These fees include transaction fees, the prices and terms of which are listed on Our website.
Any payments of fees are due upon purchase, and the applicable Paid Services will not begin until payment is received. We offer billing only via credit card or debit card. Credit card and debit card information, including card numbers, should be only submitted to Us through our online checkout feature or the administrative features of Our Services or via phone, and should never be sent to us via email, IM, chat or any other method of communication. Your payment card information is never stored on our server.
It is Your obligation to review all charges for accuracy. Failure to dispute a charge within 45 days following such charge shall constitute Your agreement that such charges are valid and You agree to waive any claims You may have had regarding such charge.
All fees charged by Us for the Services are exclusive of all taxes, VAT and similar fees imposed on the transaction and/or the delivery of Services, all of which You will be responsible for and must pay in full. If We are required to directly pay any such taxes, You must, upon receipt of Our invoice for such taxes, promptly reimburse Us.
4. Your Feedback
5. Additional Policies
All of the following policies are incorporated into this Agreement.
You agree to abide by Our Acceptable Use Policy (“AUP”). We may modify the AUP at any time, and the then-current AUP will be effective upon posting. You acknowledge that our AUP applies to both You and Your End Users, and that We may terminate access to Your Sites with respect to any of Your End Users for their noncompliance with Our AUP, even if such End User has not violated Your own terms and conditions of use of Your Sites.
We support the protection of intellectual property and ask our customers to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our customers is infringing their intellectual property rights, they can send a DMCA Notice to Our designated agent for copyright complaints. Please see our DMCA Notice and Takedown Policy for further information.
Our Subpoena Policy describe the guidelines and process for our release of data concerning You or Your Account pursuant to a subpoena issued in a civil legal matter or a criminal legal matter or investigation.
The most recent version of the Uniform Name Dispute Resolution Policy can be found at https://www.icann.org/resources/pages/help/dndr/udrp-en
Our Services provide a framework that is certified under the Payment Card Industry Data Security Standard (“PCI DSS”) under optimal security settings and We will maintain compliance for the portions of the Purchased Services that store or process credit card data. If You store or process credit card data using the Purchased Services, You agree to implement and maintain reasonable security measures to protect cardholder data in Your possession and You hereby acknowledge Your responsibilities under the PCI DSS. These guidelines can be found at https://www.pcisecuritystandards.org/document_library. You further agree not to take any action, or fail to take any action that is required of You by PCI DSS, when using the Purchased Services that could cause us to not be in compliance with PCI DSS.
At Our discretion, We reserve the right to change the security settings at any time with or without warning and to suspend or terminate the Services for any customer that is suspected or proven to be in violation of PCI DSS.
7. Service Level Warranty
We warrant that Our site will be available 99.9% of the time in any month. For these purposes, network availability for any month is calculated as a percentage by dividing (x) the total minutes in such month, less the minutes of Network Downtime (as defined below), by (y) the total minutes in such month. “Network Downtime” exists when You are unable to transmit and receive data on our platform and You notify Us of such downtime. Network Downtime shall exclude performance issues: (1) to the extent caused by factors outside of Our reasonable control; (2) that resulted from any actions or inactions of You or any third parties not affiliated with Us, for example a DDOS attack on Your site or another customer’s site hosted on the same server; (3) that resulted from Your equipment and/or third party equipment; (4) that resulted from software related issues; or (5) that are scheduled by Us for purposes of maintaining or updating the Services. Website Downtime is measured from the time the trouble ticket is opened by You to the time the server is once again able to transmit and receive data.
If Our network is not available for 99.9% in any month, upon request We will refund You 5% of the monthly fee for each 30 minutes of Network Downtime (up to and not to exceed 100% of customer’s monthly fee) that exceeds the amount of Network Downtime that would result in 99.9% network availability. This is Your sole and exclusive remedy for failure to meet the Service Level Warranty. If You fail to notify Us of Network Downtime as required above, or fail to request a Service Level Warranty credit within 30 days of the end of a month, You shall not be entitled to receive such credit for such event or such month.
To the fullest extent permitted by law, You irrevocably agree to indemnify, defend and hold harmless Us, Our affiliates, directors, officers, employees and agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees and fees attributable to in house legal personnel, arising out of or related to (i) Your breach of this Agreement, (ii) Your Content or Your Sites, (iii) any claim by, on behalf of or against Your End Users, (iv) Your violation of any law or regulation or the rights, including intellectual property rights, of any third party, and (v) any claims of tax authorities of any country, state, province or other jurisdiction levied on sales to Your End Users. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
9. Disclaimer of Warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF OUR WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO OUR WEBSITE, OR (II) THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
EXCEPT AS OTHERWISE PROVIDED HEREIN, WE MAKE NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND ACTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. WE DO NOT WARRANT THAT OUR WEBSITES, SERVERS OR SERVICES OR ANY E-MAIL SENT FROM OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR SITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WHETHER DIRECTLY OR INDIRECTLY, WILL CREATE A WARRANTY OF ANY KIND NOR WILL IT CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
THESE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties, so one or more of the disclaimers set forth above may not apply to You.
10. Limitation of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF OUR WEBSITE, THE SERVICES, YOUR CONTENT, THIRD PARTY SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND HOLD US AND EACH OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE SERVICES, YOUR CONTENT, THIRD PARTY SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITE, THE SERVICES OR OUR INTELLECTUAL PROPERTY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE THE SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Certain states and/or jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.
Except as otherwise specified in this Agreement, all notices and other required communications hereunder shall be in writing and shall be deemed to have been given upon: (i) immediately upon personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email.
Notices to You will be directed to the address and information of record on Your account with Us. Notices to Us should be directed to:
Capture Your Wealth
Attn: Legal Department
Except for disputes governed by the Uniform Domain Name Resolution Policy, this Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas, excluding its conflicts of laws rules, and the United States of America. You hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) the jurisdiction and venue of the federal and state courts of in Travis County, Texas, USA. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. The United Nations Convention on Contracts for the International Sales of Goods does not apply to this Agreement.
If a court of competent jurisdiction rules that one or more of the provisions contained in this Agreement is unenforceable in any respect, then such provisions will be modified as necessary to be enforceable while reflecting the parties’ original intentions to the greatest extent possible. All remaining provisions of this Agreement shall remain in full force and effect without modification.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.
This Agreement represents the entire understanding of the parties with respect to the Services and supersedes all prior and contemporaneous agreements (including, but not limited to, any prior versions of the Terms of Service), written or oral, concerning its subject matter. The parties agree that any term or condition stated in Your purchase order or in any other of Your order documentation is void and that any acceptance of such order documents by Us shall be for acknowledgment purposes only.
You may not assign this Agreement without Our prior written consent, which We may refuse in Our sole discretion. Any attempt to assign this Agreement without Our prior written permission is deemed null and void. We may assign this Agreement at any time, which shall be effective upon written notice provided to You.
No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
13. Delivery Policy
Phone: (800) 532-4695