These Terms of Use ('' Terms ”) apply to your use of all the mobile applications, products, software, services, websites and other services (collectively, the “Service”) operated by Wallace Finance Co., a Delaware Corporation and registered investment advisor regulated by the SEC (the “Company”) and any of its current or future subsidiaries, affiliates, service providers, vendors, successors or assigns (collectively, “we”, “us” or “our”). When we refer to the Service, we also mean any portion, aspect or feature of our services or the Service. The words “you”, “your'' and “yours” refer to you as the user of the Service. You accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for the Service; or (b) simply using the Service. In this case, you understand and agree that we will treat your use of the Service as acceptance of the Terms from that point onwards. By visiting or using the Service, you acknowledge and agree that you accept these Terms. Continued use of the Service constitutes your acceptance of any revisions to these Terms.
Additional agreements and/or disclosures apply with respect to your access to and use of the Service generally or certain products and services that are accessed via the Service through, without limit, the Company and third party providers such as Alpaca Securities LLC (the “Broker”) and Plaid, Inc. Agreements such as the Advisory Agreement, the Brochure, and/or other disclosures include without limitation the agreements and disclosures. The terms of such agreements and/or disclosures are incorporated into these Terms by reference, to the extent such terms do not conflict with these Terms. In the event of a conflict, the terms of such separate user agreement and/or disclosure will prevail with respect to such specific products or services.
Your access to the Service is also subject to terms of use, privacy and other agreements required by additional third-party providers in connection with use of your device, telephone, wireless, your banking and credit institution, and other services.
Registration data and certain other information about you are subject to our privacy policy, the terms of which are incorporated into these Terms by reference.
We cannot guarantee that the Service will be available at all times. We will make reasonable efforts to maintain the Service. However, we do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location or that the results that are obtained from the use of the
Service will be accurate or reliable; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Use of the Service is at your own risk.
We reserve the right, in our sole discretion and without any obligation, to modify, improve, discontinue or correct any errors or omissions in any portion of the Service at any time.
By using the Service, you agree that we are not responsible for any losses resulting from your use and acknowledge the following risks: (1) Internet or wireless access could be delayed or interrupted, or could be unavailable; (2) data transmitted through the internet or wireless access could be intercepted by unauthorized persons; (3) your failure to physically secure your electronic device or to protect your passwords can result in unauthorized access to your account(s); (4) the accuracy and timeliness or completeness of data transmitted through the internet or wireless access cannot be guaranteed; and (5) response times could be delayed by market volatility, volume or systems capacity.
To access and use the Service electronically, you should have a functioning mobile device (such as a smartphone) on which you have installed our application. That application can be found for most mobile devices in the device’s respective “app store”. You are responsible for the selection, installation, maintenance and operation of your mobile device, your telecommunications service provider, and your mobile device software. We are not responsible for any errors, failures, or malfunctions of your mobile device and software or your telecommunications services. You are responsible for ensuring that your mobile device, software and telecommunications services are compatible with the Service. We reserve the right to change the system requirements for using the Service.
The Service will periodically automatically download and install software updates. These updates are designed to improve, enhance and further develop the Service and can take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Service.
We have the discretion to limit access to all or a portion of the Service to users who meet certain eligibility criteria. Identification of these eligibility criteria is in our sole discretion and is subject to change at any time. You are solely responsible for ensuring that your use of the Service is in conformance with applicable federal, state and local laws and regulations.
The Services provided by us are offered only in jurisdictions where it is legal to do so in the United States. The availability of Service over the Internet is not a solicitation for or offering of Services to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the
availability of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
We make no representation that the Service is appropriate or available for use in locations outside of the United States, or that accessing our website is legally permitted in countries or territories where the Service is deemed to be illegal. If you access the Service from other locations, you do so at your own risk and are responsible for compliance with local laws.
If you are located outside the United States, you consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on or through the Service.
To the extent that the Service includes news and information, commentary, interactive tools, investment strategies generated by the Service, user generated investment strategies, securities symbols and quotes, research reports and data concerning the financial markets, securities and other subjects (“Content’), companies that are not affiliated with us can supply some of the Content. The source of all unaffiliated third-party Content is clearly and prominently identified. We have not been involved in the preparation, adoption or editing of third-party Content and we do not endorse or approve such Content.
The Content is for educational and illustrative purposes only and does not imply a recommendation or solicitation to buy or sell a particular security or to engage in any particular investment strategy. Certain tools published on the Service are designed to provide general information and guidance based upon your personalized input. The projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature, are not guaranteed for accuracy or completeness, do not reflect actual investment results and are not guarantees of future results.
The calculations generated by our tools do not take into consideration all costs, such as commissions and AUM fees which can impact the results shown. It is your sole responsibility to select the criteria to enter in the tools, or to choose among the pre-defined screens, and to evaluate the merits and risks associated with the use of the tools before making any investment decisions. We are not responsible for any losses that occur from such investment decisions.
The calculations generated by our tools do not necessarily include real-time information. This is due to factors such as market data latency, third-party updates, and internal timing of our system updates. It is your sole responsibility to evaluate the merits and risks associated with the use of the tools before making any investment decisions or relying on data provided for subjective investment structuring. We are not responsible for any losses that occur from lack of accurate or real-time information.
Testimonials are not necessarily representative of the experience of other clients and are not indicative of future of past performance or success. Paid testimonials will be identified as such.
Some features of our Service allow you to post, link, store, share and otherwise make available certain information, text, images, investment strategy allocations, or other material. You are responsible for the
Content that you post to the Service or otherwise share with us or others, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content you post on the Service or otherwise share with us or others is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting or sharing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By posting or sharing Content on the Service or on third party sites (such as our social media pages), you agree that we are authorized to publish your Content in whole, or in part. We do not agree to post or share all Content received. We reserve the right to remove or modify any information that is false, offensive, violates any law or the rights of third parties, violates these Terms, or is defamatory or duplicative.
When you submit a information such as posts and investment strategies to us or others on the Service or other sites, or otherwise share Content with us or others, we are authorized to identify you by: your hometown, and state or country; and your first name, or last name and initial, or an alias that you have provided to us; your “member since” date; and other information that does not specifically identify you.
We reserve the right to reveal your identity and the Content of your original and posted or shared submissions or investment strategies in response to legal action by any party, or in response to a request by governmental authority, or in our defense.
We retain ownership of all postings and investment strategies submitted or Content shared on the Service, except when we post or share copyrighted material. By posting or sharing Content, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise share the Content. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Service will become our exclusive property. Such disclosure, submission or offer of any submission constitutes an assignment to us, and you hereby assign to us, all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to your submissions and you agree to waive any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We will own exclusively and you hereby assign to us all right, title and interest in your Content and agree that we will not be limited in any way in the use, commercial or otherwise, of your Content. We are and will be under no obligation to pay you or any third party any compensation for any of this Content.
The Content is not warranted as to completeness or accuracy and is subject to change without notice. The Content is presented only as of the date published or indicated, and can be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting on your device to ensure you are receiving the most recent data.
Wallace’s Platform and Services may include interactive features and areas which allow individuals to create, post, share, or store content. This includes, but is not limited to, text, images, videos, social media posts, photographs, investment strategy allocations, and other materials (collectively, “User Content”). If you decide to share your User Content on Wallace or third-party platforms, you acknowledge that this User
Content will be viewable by others in accordance with the privacy settings you establish and that you are solely responsible for the User Content and your use of any interactive features and areas of the Wallace Platform and Services. By using the interactive features and areas of the Platform and Services, you agree that you will not create, post, share, or store unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable content. Nor will you create, post, share, or store content that would constitute, encourage, or provide instructions for a criminal offense; violate the rights of any party or violate any local, state, national, or international law; infringe a patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; contain misleading, false, or dishonest information; misrepresent your identity and/or affiliation(s); contain a third party’s private information without their consent; contain unsolicited promotions, political campaigning, advertising, or solicitations; irresponsibly reference alcohol; and transmit viruses, corrupted data, or other harmful files or content. User Content that Wallace judges to be objectionable or that restricts or inhibits others’ ability to use or enjoy Wallace’s Platform or Services, or which may expose Wallace or others to any harm or liability, is also prohibited.
Wallace is not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the site or Platform at your sole cost and expense.
Wallace may display content, news and information, commentary, advertisements, and/or promotions from third parties through the site, Platform, or associated Services (collectively, “Third-Party Content”). Wallace does not control, endorse, or adopt any Third-Party Content; further, Wallace makes no representation or warranties with regard to Third-Party Content, including, without limitation, regarding its accuracy and completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and the parties, and that Wallace is not responsible or liable in any manner for such interactions or the Third-Party Content.
CONTENT AND TOOLS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF THE CONTENT AND TOOLS FOR ANY PURPOSE, NOR TO ITS ACCURACY, TIMELINESS, COMPLETENESS, USEFULNESS OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Everyone who uses the Platform is expected to treat others as they would in real life, communicate politely and with respect, and respect User privacy. Failure to comply with these User guidelines may result in your removal from the Platform, regardless of your method of use or prior payment for access or use.
Posting and/or sharing of copyrighted, trademarked, or trade secret protected content on the Platform is prohibited. Deliberate misrepresentations—including of one’s identity and affiliation(s)—is prohibited. Defamatory, obscene, indecent, and pornographic content are prohibited; similarly, content promoting violence is also prohibited. You will not impersonate or attempt to impersonate Wallace, a Wallace
employee, another User, or any other person or entity (including, without limitation, by using email addresses or unique identifier associated with any of the foregoing).
If you find inappropriate content or behavior, please alert the Wallace team at support@wallacefinance.io. Wallace reserves the sole and absolute right to deny violators of the Terms of Service access to the Platform and associated Services, and to remove content that violates the community guidelines.
If our Service provides access to market data and quotes, such market data and quotes are provided by a third party. If market data and quotes are provided to you by a third party, your use of the marked data and quotes will be governed by the terms and conditions imposed by such third party.
If we provide market data and quotes the following will apply. Any price quotes that are provided can be delayed fifteen (15) minutes or longer, according to the rules and regulations applicable to exchanges and quote providers. We reserve the right to limit the number of free real-time quotes. We do not make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes.
We provide you information regarding the value of your share positions based on the share prices which may be delayed fifteen (15) minutes or longer. The data is for informational purposes only and does not reflect the price you will receive if you sell your shares. You also acknowledge that the quotes, and information provided based on quotes, are obtained from sources that we believe to be reliable, but we do not guarantee the accuracy and completeness of such quotes or information. You waive any claim that you might have against us or the quote provider related to the quotes or the quote-based information on the Service.
You represent and agree that the following statements are and will continue to be true for so long as you have access to the Service: (a) You will not use any information or market data provided by a national securities exchange or association in connection with any professional or commercial activities, and you agree to notify us if you intend to do so and to pay any additional charges; (b) you will not use the Service in conjunction with any business as a broker-dealer, investment advisor, futures commission merchant, commodities introducing broker, commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing; and (c) if you are employed by a bank or an insurance company or an affiliate of either you will not perform functions related to securities or commodity futures trading activity, except with respect to your account(s) with us.
We round the amount of fractional shares you can purchase and own in your account down to at least the nearest seventh decimal place which can affect your ability to be credited for cash dividends, stock dividends and stock splits. Fractional shares are not transferable. If you close your account or transfer
your account to another firm, the fractional share will need to be liquidated, resulting in potential commission charges which in some instances could match or exceed the value of the fractional share if less than our minimum commission.
We will make best efforts that the Service is available during 9:30am ET – 4:00pm ET on any Monday through Friday (New York time), excluding federal holidays in the United States and any day on which banking institutions and stock market exchanges in the United States are required by law or other government action to close. However, it is understood and agreed that the Service utilizes multiple third party resources and API’s and functionality is dependent on the operation of those services.
We encourage you to provide us feedback from time to time regarding the Service. In the event of any feedback or complaint received, we reserve the right to forward such communications to the appropriate party in order to address the communication, including, without limit, the Broker and third-party data providers. We reserve the right to contact you about any communication received.
You understand that your orders are not placed on a real-time basis concurrent with your purchase transactions. When placing an order to invest in a selected investment strategy, the order is allocated and routed to the Broker as individual market orders for each security in the strategy. There may be delays in order processing, although the Service attempts to route orders in real-time. Orders sent in batches may have an additional delay. Orders place close to market close or after-hours are sent to the Broker for execution after the market open on the following day.
Example: A customer places an order to buy or sell a group of stocks at 5:30pm ET. The order will be processed the next business day after 9:30am ET (many times, but not always, by 10:00am ET).
Orders will be executed at the best available price in accordance with NBBO (National Best Bid or Offer) standards. This price could be higher or lower from the time you placed your order. Batch Trading, such as investing in multiple securities at the same time, could increase investment risk in a volatile market as the price at the time you placed your order could differ significantly from the execution price. Because we use batch trading, our platform is not as appropriate for short-term investors who wish to employ market timing strategies.
We are not responsible for representations made by non-employees or third parties, unless they are expressly authorized, in writing, to speak on its behalf. We do not endorse, authorize or stand behind any representations made by users of our Service. You will not seek to hold us liable for the representations of third parties. You will hold us harmless from any deficiencies contained in any prospectus or communication about a security that we did not actually write.
Ask Wallace is a tool provided to users who have completed onboarding through the Service. This tool uses AI to aid investors in actions such as finding securities within set parameters, pulling holdings from ETFs, and assigning weights to groups of stocks based on certain data points. Ask Wallace is not financial advice and should not be construed as such. Users should do their own research before deciding the structure of, and investing in to, an investment strategy.
Ask Wallace uses AI integrations from third party providers, such as OpenAI, to facilitate the use of the tool. Ask Wallace uses third-party data such as managed fundamental databases, ETF holdings, SEC filings, analyst ratings and more to facilitate responses to user prompts. We do not warrant the accuracy of this data and are not liable for any inaccuracies from data sources. Furthermore, we do not warrant the accuracy of third-party AI systems and integrations. Wallace Finance Co. is not responsible for any data inaccuracies, AI hallucinations, integration breakdowns, subjective AI interpretation, misinterpretation, errors, or any other inaccuracies which may cause Ask Wallace to provide less-than-perfect information.
Ask Wallace is a free tool provided to users of the platform and is not integral within the Service. Any standalone errors of the Ask Wallace tool will not disrupt the Service or basic functionalities of the platform. Ask Wallace does not have the ability to manage investments, place orders, or control any financial allocation. Ask Wallace does not have the ability to update user information. We maintain the right to remove Ask Wallace without prior notice, and we also retain the right to remove users from the Service and platform without prior notice for any use of Ask Wallace or the platform that we deem abusive or detrimental to the Company, other users, or any third party.
The User understands and accepts that AI-generation insights and visualizations:
Platform Users must review and confirm investment strategy makeup and allocations before investing. Wallace disclaims any liability for decisions made by the Platform User based on AI-processed data and visualizations. Wallace retains all rights, titles, and interest in the AI technologies, algorithms, and any resulting output.
By using Wallace’s Platform and Services, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort. You also agree that you are solely responsible for your conduct when accessing or using the Platform and Services. You agree that you will abide by these Terms and refrain from:
Otherwise attempting to interfere with the proper working of the Platform.
The Service does not and is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
In some instances, our Service contains links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the Content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Registering for an account with us by providing the information requested will give you access to certain parts of the Service. Some portions of the Service require you to provide additional personal information (for example, name, age, contact information, date of birth, Social Security number) before you can access their features. Registering for an account is optional, as is providing additional personal information to access additional Services. However, if you do not provide the information requested, you will not be able to access certain features of the Service. You agree that the information that you provide to us upon registration and at all other times will be accurate, current and complete. You agree to maintain and update this information. Failure to do so constitutes a breach of these Terms, which could result in termination of your account on the Service.
You authorize us to retain a copy of all information received from you, including the information you submit through the registration process or that you provide to us from time to time, either directly or indirectly, and to use such information to match you with product and services offers from us and from our marketing partners.
You are not authorized to register an account for anyone but yourself. You agree not to misrepresent your identity, your personal information or your third party account information.
You are solely responsible for protecting the confidentiality of your access information, and agree to immediately notify us of any unauthorized use, any breach of security or unauthorized use of your account. We are not liable for any loss or damage from your failure to comply with this security obligation. You are responsible for safeguarding the passwords, passphrases, and keys that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password or grant access to your account to any third party. If you permit a third party to access your account or act on your behalf while accessing the Service, you do so at your own risk. We will consider any request made or action taken with your account access information to be a request or action by you or authorized by you. You understand that you will be solely responsible for all orders transmitted electronically, or use of any data, information, or services obtained, using your username and password, and other security data. We are not liable for any losses or damages caused by any third person that you authorize or allow access to your account or the Service. If you authorize or allow a third party to access your account or Service, you will cooperate with us in our efforts to defend claims by that third person, and will indemnify us against any liability, expense, loss or damage that arises from such third party access.
You agree that we are not required to inquire as to the authority or propriety of any instructions given to us by you or via your username and password, and we will not be liable for any losses you incur, (including any claims, damages, actions, demands, investment losses, or other losses, as well as any costs, expenses, charges, attorneys’ fees, or other fees and expenses incurred by you), or other liability arising out of any such instructions as long as such instructions reasonably appear to be authentic.
You accept full responsibility for monitoring your account.
We reserve the right to change, cancel, close or suspend any account that you have created in association with the Service at any time, for any reason or no reason, without notice to you. If you close your account, we are authorized to continue to display your Content at our sole discretion. You agree that if we disable access to your account, you will be prevented from accessing the Service, your account details, or any files or other Content related to your account. If we suspend, disable or close your account, you are prohibited from creating another one without our written permission.
You are giving us your express written consent to obtain consumer reports (including credit reports) about you and other information, including credit and employment information about you from one or more consumer reporting agencies (including credit bureaus) and to review and act on those reports and information. You authorize us to obtain reports from third parties concerning your financial situation, credit standing, business conduct or reputation. If requested to do so in writing, we will provide you with a copy of any such report. Where the law requires disclosure or if we believe disclosure is necessary for the conduct of our business, you authorize us to disclose nonpublic information about you.
The word “Communications” in these Terms includes, but is not limited to: communications and agreements related to the Service and its usage; legal and regulatory disclosures and notices associated with the Service; periodic statements and confirmations; communications between you and us; postings and other material made available to you on the Service; privacy and security policies and notices; applicable tax-reporting forms.
By agreeing to these Terms, you agree that all Communications from us relating to your use of or access to the Service can be provided or made available to you electronically by email, text messaging, “in-app” messaging or by posting a Communication on the Service, and that you can access the Communications in the designated formats described below. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us and our agents concerning your Service usage and access.
You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and “in-app” and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or will provide in the future (including any cellular telephone numbers). Depending on your plan with your cellular or mobile telephone provider, additional charges can be incurred.
If you ask us by contacting us as described below, we will send you a paper copy of any Communication. We will retain copies of Communications for the time period required by law and will provide you with a copy upon request within those time periods. We do not guarantee that we will retain copies for longer than is required by law. Save or print copies of Communications to ensure you have them if needed. You must pay a service fee determined by us for the delivery of Communications that we would otherwise deliver electronically.
We reserve the right to provide Communications to you in paper form at our discretion even if you have given us consent to provide them electronically. For example, but without limitation, this could occur if we have a system outage, if we suspect fraud or if for any reason your designated email address or mobile phone does not accept emails or texts, respectively, from us.
Without obligating us to do so, you authorize us to monitor, record or maintain archival copies of electronic, written or oral Communications with you or anyone purporting to act on your behalf. All communications sent to and from us are subject to archival, monitoring, review by and disclosure to someone other than the recipient, such as our compliance administrators and regulatory bodies.
You are responsible for monitoring your Communications, including making sure that you are receiving any expected Communications. You must review these and other communications to ensure that information about your account is accurate. You must read and understand the communications and notifications that you receive from us. If you experience any difficulty opening an electronic document, if you find any discrepancies or errors in any electronic communications or notifications you receive from us, if you have not received a communication you expected, or if you do not understand a notification or communication you receive from us, then you must notify us of this in writing no more than forty-eight (48) hours after delivery. You understand that so long as we send communications to you at the physical or electronic address of record given by you to us, or to any other address given to us by an authorized person, the communications are legally presumed to have been delivered, whether you actually received them or not.
If you fail to notify us when any of the above conditions occur, neither us nor any of our employees, agents, affiliates, subsidiaries, control persons, or our parent, nor any third parties, can or will have any responsibility or liability to you or to any other person whose claim arises through you for any claims with respect to the handling, mishandling, or loss of any order or information. Notwithstanding your notification to us, we shall not be liable for any claims, demands, actions, losses, damages, liability, costs, charges, counsel fees, or expenses of any nature related to the Services except as expressly set forth in these Terms.
You can withdraw your consent to receive Communications electronically by contacting us as described below. If you withdraw your consent, your withdrawal will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. We will then send you any future Communications by mail or other non electronic means. Should you request communications by any non-electronic means, we retain the right to charge you a fee of $5.00 per communication to cover associated costs.
Please tell us by contacting us as described below if you change your email or mailing address so that you continue to receive all Communications without interruption.
You acknowledge that you can access and store or print the electronic Communications in the designated formats described above, and you consent to having all Communications provided or made available to you in electronic form and to doing business electronically on or through the Service with us and our agents. If you are accessing the Service or the Communications electronically via a mobile device (such as a smartphone or tablet) you must make sure that you have software on your mobile device that allows you to print or save the Communications presented to you.
Your electronic signature or indication of assent to any document related to the Service is sufficient to legally bind you as if you had physically executed a hard copy of that document. You will not dispute the admissibility of an electronically stored copy of a document that you electronically signed or to which you indicated your assent. You will not dispute the validity of your electronic signature or indication of assent. And you will not dispute the admissibility of the business records maintained by us to reflect and memorialize your electronic signatures and indications of assent.
We use certain third parties to gather your data from financial institutions. By using the Service, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to the terms of our third-party provider’s privacy policy. Through the Service, you authorize us to access read-only information for the accounts you have with third party financial institutions, such as your bank. You understand and agree that to enable this feature you must enter on the Service the login information and credentials necessary to access your account information. By enabling this feature, you grant to us express permission to use your login information to access your account information in connection with your use of the Service. You represent and warrant that in providing us with your login information and account information you are not violating any agreement or terms that you are subject to.
You acknowledge and agree that, unless otherwise noted, we or our licensors own all legal right, title and interest in and to the Service, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews, ratings, and all other elements and components of the Service. We also own all copyrights, trademarks, service marks, trade names, logos, domain names, other distinctive brand features and other intellectual and proprietary rights (whether those rights happen to be registered or not, and wherever in the world those rights exist) associated with the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you are not authorized to modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Service in whole or in part except as expressly authorized by us in a separate written document. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which are affixed to or contained within the Service.
Except as expressly permitted in these Terms of Service, you may not (and may not allow third parties or assist third parties) to:
Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights in or to the Service; all rights in and to the Service are retained by us.
We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Service. This license is for the sole purpose of enabling you to use the Service in the manner permitted by the Terms. Any use of the Service other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use could also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You are not authorized to (and you cannot permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized to do so by us in writing. Without our specific written permission to do so, you cannot assign (or grant a sublicense of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the Service and software.
The entire Service is our copyrighted work. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
You are not allowed to use trademarks referenced in the Service. You cannot use any meta tags or any other “hidden text” using our name or trademarks without our express written consent. The trademarks, logos, and service marks displayed on the Service are our property or other parties’. Users are prohibited from using any marks without our written permission or the third party that owns the marks.
Unless you have been expressly authorized to do so in writing by us, you agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You acknowledge that the Service contains information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Service infringes on your copyright,
notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit us to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) 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 copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to: support@wallacefinance.io
You are solely responsible for your conduct on Wallace’s Platform, Services, and other associated properties. Wallace reserves the right to change any and all Content and to modify, suspend, or terminate access to the Platform and Services (or any features and functionality of the same). Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with, Wallace. Some jurisdictions prohibit the disclaimer of implied terms in contracts with consumers; in such cases, some, or all of the disclaimers in this section may not apply to you.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR IN EQUITY. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO ANY EQUIPMENT YOU USE IN ACCESSING THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, OR THE SERVERS THAT PROCESS INFORMATION FOR US, ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY APPLY TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF US, OUR AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU
FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT RECEIVED BY US FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold us and our employees, representatives, agents, attorneys, affiliates, directors, employees, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the indemnified parties: alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; arising from, related to, or connected with your comments, your use of the Service, or your violation of any rights of another. If you are obligated to provide indemnification pursuant to this provision, we are authorized to, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you are not authorized to settle, compromise or in any other manner dispose of any claim without our express written consent.
Use of the Service is governed by and will be construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of laws.
To the extent that any dispute arising under these Terms is not subject to mandatory arbitration, exclusive jurisdiction and venue will be with a court of competent jurisdiction in Chicago, Illinois. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.
If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions will remain valid and in effect to the fullest extent possible.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WALLACE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WALLACE.
THESE TERMS ARE AND WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF DELAWARE, U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW, AND REGARDLESS OF YOUR LOCATION. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WALLACE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERM WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”).
The Comprehensive Rules are available online at www.jamsadr.com/rules-comprehensive-arbitration/. Any in-person appearances will be held in Chicago, Illinois. If circumstances are such that Chicago, Illinois is not a feasible location, any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. An arbitration award and any judgement confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. Notwithstanding any of terms to the contrary in these Terms, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. You can opt out of this Agreement to arbitrate by contacting support@wallacefinance.io within the 30-day period commencing upon the date of acceptance of this Agreement, stating that you (include your first and last name) decline this Arbitration Agreement.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU
AND WE AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Any waiver by us of any provision of these Terms will be effective only if in writing and signed by our authorized representative. Any delay or omission by us to exercise any rights under these Terms should not be construed to waive any rights.
The section titles and the section headings are not part of the agreement and are not to be used in interpreting these Terms.
If you have registered at the Service, we will provide notices to you by using any of the contact information you have provided to us. You can provide notice to us as described in the “Contact Us” section below.
Certain provisions of these Terms by their nature will continue in full force and effect after termination, including without limitation the authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, and Jurisdiction and Venue.
You cannot transfer or assign any rights or obligations you have under these Terms without our prior written consent. Any attempt at assignment without receiving prior written consent will be void.
These Terms are binding upon you, your estate, executors, administrators, personal representatives, heirs, successors, assigns and any entities or individuals you represent with respect to the Service.
We shall not assign our rights or obligations under these Terms of Use without your consent, provided however that you will be deemed to have consented to an assignment if you do not object to such assignment within 30 calendar days of being notified through the Service or by email of our intent to assign such rights or obligations. Any reorganization, restructuring, or other transaction affecting our ownership will not be deemed to be an assignment, so long as such reorganization, restructuring, or transaction does not result in a change of actual control or management.
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms.
We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms become effective when we post them to the Service and will be noted by the “last updated” date indicated above. If we change these Terms, we will attempt to give you notice by posting a notice on the Service and/or informing you via email. Your continued use of the Service after we post the modified Terms to the Service constitutes your agreement to the modified Terms.
We are authorized to change, terminate or suspend our Service, or for any reason we deem necessary. We are authorized to terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to, your breach of these Terms.
After paying any obligations owed to us, you can cancel your account with or without cause at any time upon written notice to us. Upon termination, your right to use the Service will immediately cease.
These Terms, all other agreements and disclosures referred to in these Terms or located on the Services and any terms contained in our Communications contain the entire understanding between you and us. These Terms supersede any previous agreements that you have made with us related to the subject matter hereof. If applicable, any and all other agreements between you and us that are not inconsistent with these Terms continue to apply.
You can email us at support@wallacefinance.io.
