TERMS OF USE

 

Effective Date/Last Updated: March 1, 2022.

These Terms of Use (“Terms”) govern your access to and use of the www.shapingwealth.com website (“Site”), content platform, and other services (collectively, the “Services”), made available to you by Northcenter Ventures, LLC d/b/a Shaping Wealth (“Shaping Wealth,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SERVICES, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES.

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Services after changes are posted, you agree to those changes.

1. Privacy Policy.  We may collect certain information about you and about your use of the Services as described in our Privacy Policy, which is incorporated into these Terms.  The Privacy Policy describes our information collection, use, and sharing practices.  If you do not agree to any terms in our Privacy Policy, do not access or use the Services.
 

2. Accounts. When you set up a Shaping Wealth account, you must provide your name, e-mail address, and company name, and create a password. You must provide accurate information when setting up an account and keep all account information current. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. Accounts are not transferable to another person. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account. You acknowledge and agree that we are authorized to act on instructions received through use of your password and account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.  
 

3. Payment. In order to use the Services, you will pay a one-time fee as determined by Shaping Wealth in its sole discretion. Payments are 100% refundable within ten (10) days of your payment for the Services. After such time, payments are non-refundable.
 

4. Content.  The Services, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Shaping Wealth or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, Shaping Wealth reserves all other rights in and to the Services and Content, including all intellectual property rights.
 

5. License.  In consideration for your one-time payment upon signing up for a Shaping Wealth account, Shaping Wealth grants you a limited, revocable, license to use the Services and Content for your personal and non-exclusive use in the United States, subject to these Terms and all other terms posted throughout the Services as applicable to you (if any), and all applicable laws.  You may only use the Services and the Content for their intended purposes for which they are made available to you by Shaping Wealth, and you are prohibited from copying, distributing, or reproducing any Content for any reason. 
 

6. Use of Marks.  Shaping Wealth owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Shaping Wealth.  In addition, the Services may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
 

7. Intellectual Property Rights.  The Services and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Shaping Wealth or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. 
 

8. Compliance with Laws.  In connection with your access to and use of the Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
 

9. Children's Information.  The Services are not directed at children under the age of eighteen (18) years old.  If you are under eighteen (18) years old, you must immediately stop using the Services.
 

10. Restrictions on Your Use of the Services.
 

  • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or Content without Shaping Wealth’s prior written consent.
     

  • You will not use the Services for unlawful purposes.
     

  • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Services.
     

  • You will not engage in data mining or similar data gathering or extraction activities from the Services.  You will not use the Services to harvest email addresses, names, or other information of the users of the Services or to spam other users of the Services.
     

  • You will not access, use, or copy any portion of the Services or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
     

  • You will not use the Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Services, the servers used to make the Services available, or any other network, computers, hardware, software or systems.
     

  • You will not engage in activities that aim to render the Services inoperable or to make their use more difficult.
     

  • You may not frame, mirror, or circumvent the navigational structure of any part of the Services.
     

  • You may not upload, distribute, transmit, or post anything to or through the Services that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
     

  • You may not engage in any conduct while using the Services that Shaping Wealth considers inappropriate, unauthorized, or contrary to the intended purpose of the Services
     


​11. Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Services or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

12. Social Media. Links to Shaping Wealth's social media pages (e.g., Instagram, Twitter, and LinkedIn) are included on the Services ("Social Media Pages").  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Shaping Wealth's views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent. 

13. NO WARRANTY.  THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAPING WEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. 

SHAPING WEALTH MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  SHAPING WEALTH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR CONTENT.  SHAPING WEALTH DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT. 

14. NO INVESTMENT OR MEDICAL ADVICE. THE CONTENT IS FOR INFORMATIONAL, EDUCATION, AND TRAINING PURPOSES ONLY, YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AS LEGAL, TAX, INVESTMENT, FINANCIAL, MEDICAL, OR OTHER ADVICE. OUR SERVICES DO NOT CONSTITUTE A SOLICITATION, RECOMMENDATION, ENDORSEMENT, OR OFFER BY US OR ANY THIRD PARTY SERVICE PROVIDER TO BUY OR SELL ANY SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

15. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHAPING WEALTH OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “SHAPING WEALTH PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL

 

LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A SHAPING WEALTH PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES OR CONTENT. 

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SHAPING WEALTH PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE SHAPING WEALTH PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SERVICES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).  

17. Third-Party Services.  We use third-party services not maintained or controlled by us, such as peer-to-peer teleconferencing platforms. Shaping Wealth is not responsible for any third-party services or platforms and Shaping Wealth does not warrant or endorse any third-party website or any products or services. It is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms. 

18. Linking to the Services.  You are prohibited from linking to the Services on your website or elsewhere without the prior express written consent of Shaping Wealth.  If Shaping Wealth grants you a right to link to the Services, certain terms may apply, and Shaping Wealth reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Shaping Wealth in enforcing its rights under this Section.  

19. Use in the United States.  The Services are intended for use in the United States only.  We do not guarantee that the Services will be available or permitted in any location other than the United States.  If you choose to access the Services from a location other than the United States, you do so at your own risk.  

THE EXISTENCE OF THE SERVICES OR ANY CONTENT SHALL NOT BE CONSTRUED AS SHAPING WEALTH OR THE SHAPING WEALTH PARTIES OFFERING THE SERVICES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF THE SERVICES OR CONTENT IS PROHIBITED BY LAW.

20. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Services or Content, and we may restrict your access to the Services or Content.  Shaping Wealth may suspend or terminate the Services or any Content, in whole or in part, at any time in its sole discretion for any reason.  Shaping Wealth shall not be liable to you or anyone else for any damages arising from or related to Shaping Wealth's suspension or termination of your access to the Services or the Content, or in the event Shaping Wealth modifies, discontinues or restricts the availability of the Services or the Content (in whole or in part).

21. Unavailability.  Without limiting the generality of the previous section, the Services or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

22. Cooperation with Law Enforcement.  Shaping Wealth will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD SHAPING WEALTH AND THE SHAPING WEALTH PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

23. Disputes.  These Terms, and your access to and use of the Services, are governed by the laws of the State of Illinois, without regards to its conflict of laws principles.  Venue is exclusively in the state or federal courts, as applicable, located in Chicago, Illinois.  The parties expressly agree to the exclusive jurisdiction of those courts.  Any cause of action or other claim brought by you with respect to the Services or Content must be commenced within one year after the cause of action or claim arises.

24. Terms Applicable to New Jersey Customers.  No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  Shaping Wealth reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

25. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Shaping Wealth’s successors and assigns.

26. Entire Agreement.  These Terms, the Privacy Policy, and any other terms posted through the Services (if any) are the entire agreement between you and Shaping Wealth with respect to your access to and use of the Services.  In the event of a conflict between these Terms and our Privacy Policy, our Privacy Policy will control.

27. Waiver.  Shaping Wealth’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Shaping Wealth. 

28. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. 

29. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Shaping Wealth may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

30. Contact Us.  Please direct any questions and concerns regarding these Terms to us at:

 

Northcenter Ventures, LLC d/b/a Shaping Wealth
205 N. Michigan Avenue, Suite 810
Chicago, Illinois 60601
hello@shapingwealth.com