THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Wealthbox® is owned by Starburst Labs, Inc. (hereinafter “Starburst,” “we” or “us”). The websites (the “Website”) and mobile applications (the “Apps”), and the data, information, tools, software, application programming interfaces (“APIs”), updates and similar materials or services delivered or provided by us (the “Services”), is subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Website and the Services. If you do not agree to these terms and conditions, you may not use the Website, the Apps or the Services
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, the Apps, Services and materials thereon that are intended to be displayed publicly, and to reproduce the Website and Apps and their contents only on your computing device. No rights not explicitly listed are granted.
In addition, if you use the APIs, the terms of the separate Software and API Terms of Service (the “API Terms”) shall apply to such use. The API terms are incorporated by reference as if fully set forth herein. To the extent of any conflict between the API Terms and this Agreement regarding the API, the API Terms shall control.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
While we make reasonable efforts to ensure that the Website, Apps and Services remain available at all times, we do not represent or warrant that access to the Website, Apps or Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Website, Apps or Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, the Apps or the Services, or any part thereof, with or without notice.
The Website, Apps and Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on or through the Website, Apps or Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute financial, investment or business advice. Those accessing the materials appearing on or through the Website, Apps or Services should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.
You agree that we are not responsible for any financial, business or legal decisions that you may make.
We may not screen, approve, endorse, limit or select who can post information on or through the Website, Apps or Services, and you agree that we have no obligation or duty to do so. Although we may review, edit, remove or modify information from or on the Website, Apps or Services, we do not control the sources of this information, and do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
In addition, although we reserve the right to review, remove or edit any content, we may not routinely screen, monitor, or review the content on the Website, Apps or Services, including representation made by users of the Website, Apps and Service. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website or Apps, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Your use of the Website, Apps and Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website, Apps or Service.
You agree not to or allow anyone else to distribute, upload, make available or otherwise publish through the Website, Apps or Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website, Apps or Services. Further, you may not interfere with or disrupt the operation of the Website, Apps or Services, including restricting or inhibiting any other person from using the Website, Apps or Services by means of hacking or defacing. Transmitting to or making available in connection with the Website, Apps or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
You are not licensed to access any portion of the Website, Apps or Services that are not public, and you may not attempt to override any security measures in place on the Website, Apps or Services.
You acknowledge that we are under no obligation to maintain the Website, Apps or Services, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Website, Apps or Services. We reserve the right to withhold, remove and or discard any such material at any time.
You understand that by sharing information on the Website, Apps or Services, and requesting information to be sent through the Website, Apps or Services, you may be revealing information about yourself that you may include. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
The “look” and “feel” of the Website, Apps and Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You are responsible for controlling the access to and use of your account. Always make sure that your password is kept as confidential. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and is not required to take action to disable any account. You agree that you will not bring an action against us arising out of or related to any claimed unauthorized access using your account credentials. Under confirmed unauthorized use circumstances, we may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact email@example.com with the term “Account Breach Notice” in the subject line.
You may elect to transfer your account to be managed under the control and direction of another party’s account. To elect such a transfer, please e-mail us at firstname.lastname@example.org. If you instruct us to transfer your account, you understand and agree that your account will thereafter be under a third-party’s management and control, and such third-party will have access to and be able to control your account activities, records, contacts, data and other information, including the ability to lock you out of your account, alter your account data or records, and make other administrative and technical changes. By instructing us to transfer your account, you expressly understand and agree that we are not responsible for maintaining your data, your access to your account, or the contents of your account, all of which will be under a third-party’s control. It is advisable, and it is your responsibility, to make backup copies of your records. You understand that any dispute regarding your account and its contents shall be solely between you and the manager of the account under which your account is transferred, you shall not bring suit or otherwise name us in any dispute relating thereto, and you will defend, indemnify and hold us harmless from any damages, costs or expenses relating thereto.
As more fully described on the Service, certain elements of the Service may require fees for access (the “Paid Services”).
We may use a third-party payment processor (the “Payment Processor”) to charge you through an online account for use of the Paid Service. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
You agree to pay us, through the Payment Processor, all charges for the Paid Services that you access, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).
For Paid Services involving one-time fees, as identified on the Service, your payment Method will be charged at the time of purchase.
For recurring subscriptions, we will automatically charge your Payment Method for the next period at the end of each subscription period, as further identified on the Service and at purchase. If you purchase a subscription, it may result in recurring charges to your Payment Method, and you agree that we may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
For any subscriptions, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
If you wish to cancel, upgrade or downgrade your subscription, you may do so at any time through your account. Any charges incurred prior to cancellation or downgrade are non-refundable. If you upgrade your subscription, you will be charged the difference in your current subscription and the upgraded subscription at that time, and you will be charged the price for the upgraded subscription on an ongoing basis until cancellation. If you downgrade your subscription, you will be charged the reduced price at the beginning of the next term.
Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts.
In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
We reserve the right to deny all or some portion of the Website, Apps and/or Services to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
BY USING THE WEBSITE, APPS AND SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE, APPS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE, APPS AND SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, APPS OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE, APPS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, APPS OR SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE WEBSITE, APPS OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, APPS OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website, Apps or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Website, Apps or Services (b) your use of the Website, Apps or Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website, Apps or Service.
You agree that any claim or dispute arising out of or relating in any way to the Website, Apps or Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Starburst Labs, 45 West 60th Street, Suite 19H, NY, NY 10023 Attn: John Rourke. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in New York, NY. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
The Website, Apps and Services are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. In the event that we update this Agreement and you are made aware of the update, your continued use of the Website, Apps or Services after the update, or other agreement to the updated terms, shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website, Apps or Services.
Assignment. We may assign our this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Starburst Labs, 45 West 60th Street, Suite 19H, NY, NY 10023 Attn: John Rourke.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website, Apps and Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Website or Apps infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Starburst Labs, Inc.
Starburst Labs, 45 West 60th Street
Suite 19H, NY, NY 10023
Attn: John Rourke
If you believe in good faith that any material posted on the Website of Apps infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com, containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.