TERMS OF SERVICE

DISCLAIMER: The Service does not constitute investment advice or any regulated services that may only be provided by a licensed professional. Your use of the Service and any decisions you make, including decisions to invest money, are at your sole risk.

Acceptance of the Wellness Membership Terms of Service

These Wellness Membership Terms of Service (collectively, the “Terms of Service”) is entered into by and between you and Huntress Wealth Co. (“Huntress”, “we”, or “us”), and governs your use of all digital products and services from Huntress, and all other content, functionality, and services offered on or through www.huntresswealth.com (collectively, the “Service”).   

Please read these Terms of Service carefully before you start to use the Service. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS.

By using the Service, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.

The Service is offered and available to paying members who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Huntress and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Service

We may change these Terms of Service at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words).  All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. 

Accessing the Service and Account Security

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. We may restrict access to some parts of the Service to just the Wellness Membership tier; similarly, we may also restrict access to some parts of the Service to other membership tiers.

You are responsible for making all arrangements necessary for you to have access to the Service.

To access the Service, you will be required to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by, and you consent to all actions we take with respect to your information consistent with, our Privacy Policy.

You agree to treat any username, password, or any other piece of information used as part of our security procedures as confidential, and you agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Paid Membership Fees and Payments; Refund Policy

You must be 18 years of age or older to purchase a membership to access the Services or any other content, product, or service offered by us through the Services.  If you are less than 18 years of age and want to purchase a paid membership, please ask your parent or guardian to complete the purchase on your behalf.  You agree to pay the membership fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred.  If your membership includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms, and conditions, which will be separately disclosed in such areas.  We will bill all charges automatically to the credit card or payment method you provide upon your initial membership purchase.  Membership fees will be billed at the beginning of your membership and any renewal.   

As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.  

If you believe someone has accessed the Service using your username and password without your authorization, please immediately notify us by emailing concierge@huntresswealth.com and include “Unauthorized Account Access” in the subject line.  You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

Term; Cancellation and Renewal

These Terms of Service shall remain in full force and effect throughout the term of your membership.  Your membership will renew automatically until it is cancelled in accordance with this Section. For annual memberships, we will notify you of the pending renewal of your membership at least 30 days prior to the date your membership renews, except as otherwise required by law. For all memberships, you must cancel your membership before it renews in order to avoid billing of membership fees for the renewal term to your credit card.

We may cancel your membership at any time upon notice to you. Without limiting the foregoing, if we are unable to successfully charge your payment method upon renewal, we may suspend or terminate your membership in our sole discretion until payment is made.  You may cancel your membership prior to any renewal term by canceling in your billing settings or deleting your account.  If you cancel your membership in your billing settings, you will continue to have membership access through the end of the billing term.  If you delete your account, you will lose all access to membership Services as of the time of deletion.  However, if we for any reason choose to give you a refund, your access to the Services will be terminated effective as of the cancellation date.

Not Investment Advice; No Licensed Services; Reliance on Information Posted

The information presented on or through the Service is made available solely for general information and educational purposes and does not constitute investment advice or any service that may only be provided by a licensed professional.  No communication by Huntress, through the Service or any other medium, should be construed or is intended to be a recommendation or solicitation to purchase, sell or hold any security, or otherwise to be investment, tax, financial, accounting, legal, medical, regulatory or compliance advice, or constitute medical, psychotherapy, financial advisory, tax, legal, or accounting services.  Your use of the Service and any decisions you make, including decisions to invest money, are at your sole risk. Investments in securities are speculative and involve a high degree of risk, including but not limited to credit risk, interest rate risk, and the risk of losing some or all of the money you invest.  Before investing in any securities, you should: (1) conduct your own investigation and analysis; (2) carefully consider the investment and all related charges, expenses, uncertainties and risks; and (3) consult with your own investment, tax, financial and legal advisors.  Any persons that cannot afford to lose their entire investment should not invest.  

We do not warrant the accuracy, completeness, or usefulness of the information presented on or through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Huntress, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Huntress. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Availability of Service through other Platforms; Third Party Payment Services.

If you access a Service through a mobile application or other type of third-party platform, the applicable end user license agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of these Terms of Service and you agree that you are subject to such application or platforms terms in addition to these Terms of Service.

From time to time, we may use a third party not affiliated with us to process payments for a Service (a “Third-Party Processor”). You agree that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor, you may be subject to additional terms of use/service and privacy policies of the Third-Party Processor.

Intellectual Property Rights Regarding Your Use of the Service

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Huntress, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

You must not:

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: hi@huntresswealth.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Huntress. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Linking to the Service and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Service may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Trademarks

The Huntress name, the Huntress logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Huntress or its affiliates or licensors. You must not use such marks without the prior written permission of Huntress. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

User Contributions

The Service may contain videoconference tools, interactive chat features, message boards, comment sections, bulletin boards, user submission features, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, communicate or transmit to us and other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.

All User Contributions must comply with our Content Standards, found below.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Huntress, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Intellectual Property Rights Regarding User Contributions

Notwithstanding anything to the contrary in this Agreement, we may monitor your use of the Service and collect and compile data and information related to your use of the Service to be used by us in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Content ("Aggregated Statistics"). As between us, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Huntress. You acknowledge that we may compile Aggregated Statistics based on User Contributions. You agree that we may (1) make Aggregated Statistics publicly available in compliance with applicable law, and (2) use Aggregated Statistics to the extent and in the manner permitted under applicable law.

You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your User Contributions as may be necessary for us to provide the Service to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display User Contributions incorporated within the Aggregated Statistics. 

If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.  Without limiting the foregoing, we may use Feedback you provide us from time to time on our website and/or in marketing materials, including in the nature of a testimonial, but we will not include your full last name in any publicly posted statements attributable to you.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS HUNTRESS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HUNTRESS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HUNTRESS OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

Additionally, you agree not to:

Changes to the Service

We may update the content on the Service from time to time, but its content is not necessarily complete or up to date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service

All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HUNTRESS NOR ANY PERSON ASSOCIATED WITH HUNTRESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HUNTRESS NOR ANYONE ASSOCIATED WITH HUNTRESS REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HUNTRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HUNTRESS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, INVESTMENT PERFORMANCE, LACK OF EARNINGS, INVESTMENT LOSSES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification

You agree to defend, indemnify, and hold harmless Huntress, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

Geographic Restrictions

The owner of the Service is based in the State of Texas in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Arbitration

Any controversy, claim, or dispute arising out of or related to these Terms of Service, the Privacy Policy, your use of the Service, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Austin, Texas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special, or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs, and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Huntress agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Huntress of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Huntress to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Huntress. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by Huntress Wealth Co. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: hi@huntresswealth.com.