Wealth in Motion Consumer Terms and Conditions
Last updates: June 12, 2021
Wealth in Motion Consumer Terms and Conditions
Last updates: June 12, 2021
Please read these Wealth in Motion Consulting Consumer Terms and Conditions (“Agreement”) carefully. By accessing, downloading and/or using all or any part of the Wealth in Motion Consulting Services, you (“You” and, where applicable, “Your”) indicate Your acceptance of the following terms from Wealth in Motion Consulting, LLC (“WIM”) You agree to be bound by all the terms and conditions of this Agreement. You agree that it is enforceable as if it were a written negotiated agreement signed by You. If you do not agree to the terms of this Agreement, You may not access, download and/or use the Wealth in Motion Services. If You are entering into this agreement on behalf of a company or other legal entity, You hereby represent that You have the authority to bind such entity to this Agreement, in which case the term “You” shall be construed to refer to such entity.
In consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and WIM agree as follows:
1. Wealth in Motion Consultation Services
Wealth in motion offers wealth management coaching including referrals to key resources and licensed providers of financial instruments and wellness resources. This includes the right to access and use WIM’s online platform and the right to allow you to download and use specific videos for a specified period (each, a “Subscription Period”) and standard WIM support (collectively, “Wealth in Motion” Services pursuant to orders that You will submit through wealthinmotion.com (once accepted by WIM, each an “Order”). Each Order will include the applicable Subscription Period and the associated fees for WIM Services. Each Order must be accepted by WIM to become valid. Each Order will be deemed incorporated into this Agreement by reference and made an integral part of this Agreement. To the extent that a conflict arises between the terms and conditions of an Order and the terms and conditions of this Agreement will govern.
2. Your Interactions, Restrictions, and Reporting
Your interactions with WIM in connection with the WIM Services are subject to this Agreement. WIM may use any data, information or materials collected or received from You through these to track or analyze internal reports. You can determine what work or business information is appropriate to share as a part of the WIM Services. You will use the WIM Platform subject to terms set forth in this provision and You will not have an own entity-wide account or direct access to the WIM Platform. You will not (and will not allow anyone to (a) rent, lease, copy, disclose, provide access to or sublicense the WIM platform, (b) use the WIM Platform for the benefit of, or to provide, or (c) publicly disseminate information regarding the performance of the WIM Platform.
3. Fees and Payment Terms
The fees and payment terms applicable to the WIM Services and related support are set forth in the applicable to the WIM Services and related support are set forth in the applicable Order. Interest on any late payments will accrue at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, from the date such amount is due until the date such amount is finally paid in full.
4. Term, Termination and Effects of Termination
Unless earlier terminated as set forth in this Agreement, this Agreement commences upon the date You first access, download or use the WIM Services (“Effective Date”) and continues to the end of the last effective Subscription Period. Unless otherwise set forth in an Order, WIM Services shall have a term of 6 or 12 months and shall automatically renew for additional 6 or 12 month terms (respectively) unless You cancel the Services. WIM may change the pricing for Subscription Terms subsequent to the initial Term (each a “Renewal Term”), in its sole discretion. Either party may terminate this Agreement upon immediate effect (including all related Orders) for cause if the other party fails to cure any material breach of this Agreement or if You violate or breach the Acceptable Use Policy. Upon any expiration or termination of this Agreement, (a) WIM will cease providing the WIM Services and (b) You will cease all access to the WIM Platform unless permitted by WIM. Notwithstanding any terms to the contrary in this Agreement, (i) in addition to this sentence, Sections 2, 3, 6, 7, 8, and 9 will survive any termination or expiration of this Agreement, and (ii) no refunds will be issued. Upon starting WIM Services, you will be offered 1 free coaching session (“Complimentary Coaching Session”). If you fail to attend Your fist scheduled Complimentary Coaching Session, WIM reserves the right, in its absolute discretion, to limit your ability to reschedule an additional Complimentary Coaching Session. WIM may also withdraw or modify any free trial offer and/or the WIM trial terms and conditions at any time without notification.
Each party represents and warrants that (a) this Agreement is valid, binding and enforceable against it in accordance with its terms, and (b) it will fulfill its obligations under this Agreement in accordance with all applicable laws.
WE ARE NOT A HEALTH CARE OR MEDIAL DEVICE PROVIDER, NOR SHOULD THE SERVICES BECONSIDERED MEDIAL ADVICE OR THERAPY SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN OFFER MEDICAL ADVICE TO YOU.
WE ARE NOT A FINANCIAL ADVISOR OR BROKER, REAL ESTATE AGENT OR BROKER, MORTGAGE BROKER OR LAWYER. ONLY THESE LICENSED PROFESSIONALS CAN OFFER ADVICE IN THESE AREAS.
EXCEPT AS SET FORTH IN THIS SECTION, WIM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES, OR MERCHANTIABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COACHING DOES NOT CONTITUTE, MEDICAL ADVICE OR THERAPY, FINANCIAL ADVICE, OR LEGAL ADVICE. WIM WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF WIM.
7. Limitation of Liability
EXCEPT FOR YOUR BREACH OF THE RESTRICTIONS IN SECTION 2 OR YOUR OTHER MISAPPROPRIATION OF WIM’S INTELLECTUAL PROPERTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND (B) EITHER PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WIM DURING THE PRIOR 12 MONTHS.
“Confidential information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential. Confidential Information of WIM includes the Services and its related documentation and materials, along with these terms and documentation and materials, along with these terms and conditions. The party receiving Confidential Information may use it only for purpose connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality.
9. General Provisions, Arbitration, Governing Law, and Venue
You and WIM agree that any dispute, claim, or controversy between You and WIM arising in connection with or relating in any way to this Agreement or to Your relationship with WIM as a user of the Services (whether based in contract, tort, statue. Fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above, You and WIM both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit court of law to address intellectual property infringement claims.
Your arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by WIM. If the arbitrator finds that wither the substance of Your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 ((b)), then the payment of all fees will be governed by the AAA Rules. In such a case, You agree to reimburse WIM for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Any arbitration must be commended by filing a demand for arbitration within one (1) year after the date the party asserting the calm first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the time period.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to entirely performed within the State of Michigan, without resort to its conflict of law provisions. To the extent that any issues under this Agreement are litigated in court, the state of federal court in Detroit, Michigan will be the jurisdiction in which any suits occur.
As between the parties and subject to the grants expressly set forth in this Agreement, WIM owns all right, title and inters in and to the WIM Services and anonymous/aggregate data, feedback, and any and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights embodied in or subjected.
WIM may use the services of third-party coaches and other subcontractors and permit them to provide the WIM Services.
If you are a natural person who is a resident Michigan or the European Union (“Michigan Resident” or “EU Resident”) and use our Services, you have additional rights as set forth in the terms and law.
You acknowledge and agree that the WIM Services utilize certain third-party videoconferencing, communications tools and other services in connection with WIM Services, e.g., Skype or FaceTime (Third-Party Tools’”). While Your data provided to WIM through Third-Party Tools remains subject to these terms, use of Third-Party Tools themselves is subject to the aforementioned terms.
WIM may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. This Agreement is personal to You and no third party is entitled to benefit under this Agreement except as provided here.
WIM may revise these Terms from time to time and at our sole discretion. When such changes are affected, WIM will publish an updated version on our website. The changes will be deemed accepted by You, (a) immediately for those who register for the Services after the updated version is published on WIM’s website, or (b) for those having pre-existing accounts, the updated changes required by law) within ten (10) business days from the date of the new Terms being published upon written notification to: @wealthin motion.com. Please note: Your rights and access to the Services may be temporarily disrupted until such dispute is resolved between You and WIM. If we are unable to resolve the dispute within thirty (30) days of Your written notification of dispute, the Services will be terminated.
This Agreement, including all Orders, constitutes, the entire agreement between the parties and supersedes all previous or contemporaneous agreements between the parties, relating to its subject matter, and any change to its terms must be in writing and agreed by each of the parties.