Terms Of Use

Last Modified: May 27, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Wingspan Legacy Partners LLC and its affiliated entities, including but not limited to Wingspan Wealth LLC (the “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 wingspanlegacy.com, including any content, functionality, and services offered on or through wingspanlegacy.com (the “Website“), whether as a guest or a registered user.

If You are a registered user or client of the Company, these Terms of Use are in addition to, and does not nullify, any other agreement between You and the Company governing the conduct of your relationship with the Company.

Please read the Terms of Use carefully before you start to use the Website. By 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 , 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. 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.

 

Electronic Communication

The Website permits you to communicate electronically by sending an e-mail message to the Company. You agree not to use e-mail for the transmission of orders to purchase or sell a security or to transfer funds, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address or to give the Company any time-sensitive instructions. In addition, if you are a Company client, you agree not to use e-mail made available through the Website to give the Company any instruction affecting your account(s) or any linked accounts, including, but not limited to, placing orders to purchase or sell a security or to transfer funds. Company shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to the Company.

 

Property rights in information and services; suitability and compliance with law

  1. 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) (the “Information”) 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.
  2. Any Information to which You have electronic access through the Website is being provided by the Company only for your personal, non-commercial use and display. You may download the Information to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
  3. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Information provided in any manner (including electronic, print or other media now known or hereafter developed) without the written consent of the Company. You also agree not to use the Information for any unlawful purpose, and you shall comply with any request of the Company or any of the third-party providers to protect their respective rights in the Information.
  4. Although the Information may include material about the investment process generally as well as research commentary relating to specific securities, the Company is not providing investment advice through the Website and does not represent that any such securities are suitable for you. In addition, you agree to make your own independent evaluation of the investment merits and suitability for you of any such securities. Such information shall not be deemed to be a solicitation of a transaction by the Company or any third-party provider. The Information contained on the Website reflects the authors’ analysis as of the published date. Other authors may have different, and possibly less favorable, analyses. The accuracy, completeness or timeliness of such Information cannot be guaranteed and is subject to change without notice. Reliance upon any Information or statement contained in the Website, or on any links from this Website to any third party site, shall be at your risk. Neither the Company, nor any of the respective agents, employees, or information providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, alteration, or use of any content herein, regardless of cause. Further, the price for any security contained in any section of the Website may differ from the price for that security contained on any other section of the Website. Neither the Company nor any third party provider is under an obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Website or the date contained on the Information. You also acknowledge that the Information will not be used by you as tax or legal advice.
  5. In the event you use the Website, the Information, or the links included on the Website to gain access to a website or an Internet location or source of information of any company, organization or person other than the Company, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of the Company, you agree that the Company shall not be responsible for any information or other links found at any such website or Internet location or sources of information, or for your use of such information, and you agree that the Company does not endorse such links. Company provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites. The fact that the Company has provided a link to another site does not signify an endorsement of the site or its contents by the Company. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Website or the Information.
  6. Transmission or use of any material in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyright material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
  7. You understand and acknowledge that the Company may make markets and effect transactions, including, without limitation, long or short transactions or transactions contrary to any recommendations herein, or have positions in the securities mentioned herein (or options with respect thereto) and may also have performed investment banking services for, or solicited investment banking services from, the issuers of such securities. In addition, employees of the Company may have long or short positions and effect transactions for their own accounts in the securities or options of the issuers mentioned herein and may serve as directors of such issuers.

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 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 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).
  • 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.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the 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 other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 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.

Warranties and Limitation of Liability Regarding the Information

  1. THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE INFORMATION CANNOT BE GUARANTEED. THE COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY INCUR FROM ANY RELIANCE BY YOU ON INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION, OR FOR ANY UNAUTHORIZED USE BY YOU OF E-MAIL.
  2. YOU UNDERSTAND THAT ANY QUOTATIONS PROVIDED AS PART OF THE INFORMATION MAY BE DELAYED AND MAY NOT REFLECT THE PRICES AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT OR SOLD. YOU SHOULD NOT MAKE ANY DECISIONS TO BUY OR SELL SECURITIES BASED ON SUCH QUOTATIONS OR ON ANY OTHER INFORMATION ACCESSED ON OR THROUGH THE WEBSITE. YOU UNDERSTAND THAT THE COMPANY DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE INFORMATION AVAILABLE TO YOU WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. YOU AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE INFORMATION.
  3. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, THE COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ERROR-FREE AND UNINTERRUPTED SERVICES. THE COMPANY DOES NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL RESULTS BASED ON USE OF THE INFORMATION OR ANY DELAY OR LOSS OF USE OF THE INFORMATION, OR (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE OR INFORMATION.
  4. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE AVAILABILITY OF THE INFORMATION OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
  5. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION AND ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY INFORMATION OR SOFTWARE FOUND ON ANY OTHER SITE NOT UNDER THE COMPANY’S CONTROL.
  6. 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.
  7. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE COMPANY SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF THE PROVIDER OR ANY THIRD PARTY PROVIDER, AND TO THE EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR THE PROVIDER OR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THE COMPANY OR ANY OTHER SUCH ENTITY DOES NOT HAVE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, UNAUTHORIZED ACCESS, STRIKES, FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS, SEVERE WEATHER, OR OTHER CAUSES COMMONLY KNOWN AS “ACTS OF GOD.”

Confidentiality

The Company shall use reasonable precautions to maintain the confidentiality of the information you have provided to the Company and information you have created, input or developed in connection with your use of the Information, but because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that the information, and material provided to you through the Information, or any communication through e-mail will remain secure. In addition, the Company may disclose such information to its employees, representatives, officers, agents and affiliates, as well as a government entity or any other third party agent or data or information provider (a) for any purpose related to the conduct of the Company’s business or to the offering, providing, or maintaining of the Information, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agent or official requesting such information or (c) for any other legitimate business purpose.

Indemnification

As a condition of your use of the Website, you hereby agree to indemnify and hold harmless the Company (and its directors, officers, employees, control persons, vendors, licensors and agents), the provider, and any third party provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Terms of Use or your use of the Website and/or the Information (i) in violation of this Terms of Use, (ii) in violation of any rights of the Company, the provider and any third party Information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation. This indemnification shall be binding upon you and your executors, heirs, successors, and assigns.

Governing Law

Except for statutes of limitation applicable to claims, these Terms of Use and all the terms herein shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to principles of conflicts of law. By browsing or accessing this Website, you accept and agree to be bound by the laws of such jurisdiction. In the event that you do not agree to be bound by such laws, you must immediately discontinue your browsing or access to this Website. The statute of limitations applicable to any claim shall be that which would be applied by the courts of the state in which you reside. You agree that any action to enforce this Agreement shall be brought in the federal courts located in Boston, Massachusetts.

Assignment

The rescue and/or any commercial redistribution of the Information is not permitted. These Terms of Use and your rights and obligations hereunder may not be assigned by you without the written permission of the Company and shall inure to the benefit of the Company, its successors and assigns whether by merger, consolidation or otherwise. The Company may assign this Terms of Use or any of its rights or obligations under this Terms of Use to a company affiliated with the Company, or to a successor to an assignee of the Company or to any other third party.

Waiver

The Company’s failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on the part of the Company to exercise any power or right given to the Company under these Terms of Use, or a continued course of such conduct on the part of the Company shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise, all rights and remedies given to the Company in these Terms of Use are cumulative and not exclusive of any other rights or remedies which the Company otherwise has at law or equity.

Entire Agreement

The Terms of Use, our Privacy Policy, our Copyright Policy and Communication Disclaimer constitute the sole and entire agreement between you and the Company 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 Wingspan Legacy Partners LLC and its affiliates, including but not limited to Wingspan Wealth LLC, with a principal business address located at 60 Fernwood Road, Chestnut Hill, MA 02467.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@wingspanlegacy.com.