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Terms of Use & Conditions of Sale

Last modified: October 5, 2022

Acceptance Of The Terms Of Use & Conditions Of Sale

These terms of use and conditions of sale are entered into by and between you and Succession Advisors, LLC, a Delaware limited liability company (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.successionadvisors.com, including any content, functionality, and services offered on or through www.successionadvisors.com, including, without limitation, the WealthCAP HUB® portal (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By browsing and using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://successionadvisors.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. We cannot warrant that the Website or services are appropriate for users outside the United States or any of its territories or possessions or that use of the Website or services is permitted under the laws of other jurisdictions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing The Website And Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not 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 this Website 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 Use.

Intellectual Property Rights

The Website 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 the Company, 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.

Your Right to Use the Website and Website Content

In General

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Use Without a Corporate+ Co-Brand Plan Membership

These Terms of Use permit you to use the Website, including any materials and content accessed or obtained through a purchased membership or other subscription, for your personal, non-commercial use only and 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 Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • To the extent permitted under the Corporate+ Co-Brand Plan membership.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Corporate+ Co-Brand Plan Memberships

The purpose of the Corporate+ Co-Brand Plan (the “Plan”) is to allow Plan members to co-brand with their business name(s), trademark(s), and/or other branding information, such as color schemes (collectively, “Member Branding Data”) certain Company-branded and Company-owned content accessible through the Plan membership (collectively, the “Content”) to use for their own promotional purposes.

Accordingly, for as long as you maintain a Corporate+ Co-Brand Plan membership, Company agrees to provide you with the ability to upload your Member Branding Data and generate co-branded Content in accordance with the provisions of the Purchase Form used to purchase your Plan (the “Co-Branded Content”).

Company hereby grants you a non-exclusive, non-transferable, non-sublicensable license to, in accordance with the provisions of these Terms of Use and the Purchase Form used to purchase your Plan, use Company Trademarks only as incorporated into the Co-Branded Content and to reproduce, publicly distribute, and publicly display the Co-Branded Content, in any format or medium, solely for your own internal and promotional purposes (the “License”).

Company reserves the right, in its sole discretion and for any or no reason, to terminate the License at any time following the termination of your Plan for any reason.

Each item of Co-Branded Content must be used in its entirety.

You may not modify Co-Branded Content in any manner or to any extent, incorporate Co-Branded Content into any other work, or use Co-Branded Content in any way that suggests or implies endorsement by the Company of you (other than engage in License uses of the Co-Branded Content), your product, or your services, or otherwise do anything that suggests such endorsement.

Your use of the Co-Branded Content, the Website and all content thereof, including the Content, shall continue to be governed by all provisions of these Terms of Use that do not conflict with this Corporate+ Co-Brand Plan Memberships section. To the extent that any such conflict is determined to exist, the terms of this Corporate+ Co-Brand Plan Memberships section shall prevail.

Company may, in its discretion, retain copies of the Co-Branded Content but is under no obligation to do so.

You shall, with reasonable notice from Company, provide Company with copies of all Co-Branded Content and any other records or documents that Company determines, in its sole discretion, may help Company determine whether the Co-Branded Content and your use of the same comply with these Terms of Use. If Company concludes, in its sole discretion, that your use of Co-Branded Content does not comply with these Terms of Use, Company shall have sole discretion to require you to immediately cease any such non-complying uses.

You acknowledge that, other than your Member Branding Data, (a) Company owns all rights in and to the Co-Branded Content and all Company business names and trademarks, and the goodwill associated therewith; (b) neither any term of these Terms of Use nor your use of the Co-Branded Content convey to you any right, title, or interest in or to the Co-Branded Content or any Company trademark other than the rights expressly granted herein; and (c) all rights and goodwill resulting from your use of Company trademarks in the Co-Branded Content shall inure to the benefit of Company.

Company acknowledges that (a) you own all rights in and to all your business names and trademarks, and the goodwill associated therewith; (b) neither any term of these Terms of Use nor your use of the Co-Branded Content conveys to Company any right, title, or interest in or to any trademark of yours; and (c) all rights and goodwill resulting from your use of your trademarks in the Co-Branded Content shall inure to your benefit.

You agree to promptly notify Company should you become aware of any infringement or unauthorized use of the Content, Co-Branded Content, or Company trademarks.

Should Company determine that you are not in compliance with any of the terms of these Terms of Use, Company has sole discretion to, upon notice to you, either allow you to cure the noncompliance or terminate your Plan membership immediately.

Nothing in these Terms of Use shall be construed as creating any agency, joint venture, partnership, or any other form of joint enterprise or fiduciary relationship between you and the Company.

Company Trademarks

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

Prohibited Uses

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

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial- of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement

If you believe that any of the contents, features, and functionality on the Website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

Reliance On Information And Materials Posted

The information and materials presented on or through the Website, including but not limited to its content, are made available solely for general information purposes and are subject to change without notice. We do not warrant the accuracy, timeliness, performance, completeness, usefulness or suitability of this information and materials for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. Any use of or reliance you place on such information and materials is strictly at your own risk for which we shall not be liable. We disclaim all liability and responsibility arising from any reliance placed on such information and materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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. You agree it shall be your sole responsibility to verify and/or confirm any information contained in the materials provided by third parties prior to relying on it, in connection with which you assume all risk.

Changes To The Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website 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 Website

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

Online Purchases And Other Terms And Conditions

All purchases through our site or other transactions for the sale of services or information and memberships related thereto formed through the

Website, or resulting from visits made by you, are governed by these Terms of Use. The terms and conditions of these Terms of Use are expressly incorporated into and made a part of each of your purchase form(s) which set forth payment terms, the purchase price and/or membership fee and a description of the services and/or information to which you are purchasing and/or have subscribed (“Purchase Form(s)”). You agree to pay the purchase price and/or membership fee for the services, or information purchased and/or subscribed for as invoiced by the Company, failure of which shall be a breach of these Terms of Use that may result in suspension or termination of your access to such services or information. The purchase price and/or membership fee is non-refundable. Most memberships are for a one-year term and are billed on a monthly basis in advance at the beginning of each month and will automatically renew at the end of its term for a one-year term at the then-current rate until you terminate your membership prior to the end of its term. Please note that in the event you terminate your membership prior to the end of a month you will not receive a refund for the remainder of such month but will continue to have access to your membership for the remainder of such month.

Notwithstanding the foregoing, the Company’s Corporate+ Co-Brand Plan membership is for a one-year term and is billed on an annual basis in advance at the beginning of each one-year term and will automatically renew at the end of its term for a one-year term at the then-current rate until you terminate your membership no less than 15 days prior to the end of its term.  Please note that in the event you terminate your Corporate+ Co-Brand Plan membership prior the end of a one-year term you will not receive a refund for the remainder of such one-year term but will continue to have access to your membership for the remainder of such one-year term.

BY ALLOWING FOR AUTOMATIC RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE OR APPLE PAY. Accordingly, you agree that your membership will continue to be billed automatically on a monthly or annual basis, as applicable, during each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. The Company reserves the right to increase a service’s fees or institute new charges upon reasonable notice. Your breach of any obligations under these Terms of Use may result in immediate suspension or termination of your access to the services or information purchased and/or subscribed for by you; provided that with respect to any non-monetary, curable breach, the Company will use commercially reasonable efforts to notify you of, and grant you the opportunity to cure such breach, although it shall be under no obligation to do so. In the event of such breach, you shall remain liable for, and the Company shall not be obligated to refund or credit, any fees incurred for the full contract term as set forth in the Purchase Form. Without limiting the foregoing, you acknowledge and agree that any action in violation of your obligations set forth in the section titled “Intellectual Property Rights” shall be an incurable breach of this Agreement. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking To The Website 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. This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, 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:

  • Link any materials or content on this Website from any 3rd party website that you do not own or have legal authority over.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in- line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply with the guidelines established in all respects as set out in these Terms of Use. 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 Website

If the Website 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 banner advertisements and 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

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

Disclaimer Of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THE COMPANY, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 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 the Company, 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 (1) your violation of these Terms of Use; (2) your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; (3) your use of the Co-Branded Content; or (4) your use of or reliance on any information obtained from the Website. Your duty to defend, indemnify, hold harmless the Company under these Terms of Use shall survive the termination, cancellation, or expiration of any term of any memberships related to the Website.

No Professional Or Investment Advice

None of the content or services offered on or through the Website are, nor are intended to be, legal, tax, accounting, investment or other professional advice or a substitute for advice of an attorney, tax advisor, accountant, investment advisor or any other professional. You agree and acknowledge that the content and services offered on or through the Website are intended only as general information and is not intended to be, and should not be relied upon as, professional advice. In addition, the Company can’t know all the relevant facts about you and your individual needs, and the Company cannot claim or represent that any particular content or services are suitable for you or will meet your specific requirements, objectives, situation or needs. Accordingly, you agree that any recommendation or action set forth in the content or services does not constitute a recommendation that a particular security, strategy, or action is suitable for you or a solicitation for the purchase or sale of any such security, strategy or action. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements, objectives, situation or needs. The Company shall not be liable, and shall be held harmless, for any errors or omissions in the content and services offered on or through the Website, and you assume all risks and liabilities in relying on such content and services, contributing to a third party’s reliance on such content and services, or inducing a third party to rely upon such content and services. All content and services offered on or through the Website should be independently verified by you. If legal advice or other expert assistance is required, you will obtain the services of a competent, professional person, and will not rely on information provided in the content or services as a substitute for such advice or assistance. No attorney-client relationship exists or shall be deemed to exist between you and the Company. The Company is not in the business of rendering personalized investment advice.

Communication

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or sending them to you via email at the email address set forth in your account settings. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to Succession Advisors, LLC, 106 E. 6th Street Suite 900-170, Austin, TX 78701.

Governing Law And Jurisdiction

All matters relating to the Website and these Terms of Use, 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). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver Of Jury Trial

SUBJECT TO THE ARBITRATION PROVISIONS SET FORTH BELOW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AGREE THAT ANY SUIT, ACTION, DISPUTE OR PROCEEDING, WHETHER BY CLAIM OR COUNTERCLAIM, ARISING OUT OF, CONCERNING OR IN ANY WAY RELATING TO THE WEBSITE AND THESE TERMS OF USE SHALL BE TRIED WITHOUT A JURY AND YOU KNOWINGLY, EXPRESSLY, VOLUNTARILY AND INTENTIONALLY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY SUCH SUIT, ACTION, DISPUTE OR PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.

Arbitration

If a dispute arises in connection with your use of the Website or services or in relation to any of these Terms of Use (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email info@successionadvisers.com with your concern and the Company will contact you via the email address we have on file for you. If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in Austin, Texas. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing  a  copy  to  the other party. The arbitration will be conducted in accordance with the   provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of  competent  jurisdiction.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

EXCEPTIONS

Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of the State of Texas, Travis County, Austin, Texas: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory,  or other provisional relief.

OPTING OUT

You will have fifteen (15) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at Succession Advisors, LLC, 106 E. 6th Street Suite 900-170, Austin, TX 78701, Attention: Legal Department. If more than fifteen (15) days have passed, you are not eligible to opt out of arbitration.

Waiver And Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, our Copyright Policy and any Purchase Form(s) constitute the sole and entire agreement between you and Succession Advisors, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments And Concerns

This website is operated by Succession Advisors, LLC, 106 E. 6th Street Suite 900-170, Austin, TX 78701. 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 Website should be directed to: info@successionadvisors.com.

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