Welcome to Stash Wealth™, operated by Stash Wealth, LLC ("Stash Wealth," "we," or "our"), a full-service wealth management firm.
By using the website located at stashwealth.com, as well as any subdomains thereof and the related mobile website (collectively, the “Service”), you agree to be bound by the following, whether or not you register as a member of the Service ("Member").
The above agreements are incorporated by reference as if fully set forth herein, and shall collectively be referred to as the “Agreement”. If you wish to become a Member and/or make use of the Service, please read the Agreement. If you object to anything in the Agreement, do not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. The Agreement is subject to change by Stash Wealth at any time, effective upon posting on the Service. By accessing and/or using the Service or becoming a Member, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Stash Wealth’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:
a. You must be at least eighteen (18) years of age to use the Service.
b. By using the Service, you represent and warrant that:
c. In accordance with your use of the Service, Stash Wealth™ represents and warrants:
You acknowledge and agree that Stash Wealth, in the maintenance of records for its own purposes, or in making such records or the information contained therein available to you or any other person at your direction, does not assume responsibility for the accuracy of information furnished by you or any other person, firm or corporation.
You further acknowledge and agree that Stash Wealth’s past performance and advice regarding client financial plans cannot guarantee future results. AS WITH ALL MARKET INVESTMENTS, CLIENT INVESTMENTS CAN APPRECIATE OR DEPRECIATE. Stash Wealth provides no assurance that an investment portfolio or any individual investment will perform in any predictable manner. Stash Wealth cannot guarantee performance and nothing in this website serves as a guarantee of performance.
The Service is also not available to any users who have been previously removed or suspended from the Service.
By using the Service, you represent and warrant that you have the right, authority and capacity to enter into the Agreement and to abide by all of the terms and conditions of the Agreement.
a. Generally. We seek to work with motivated young professionals and we choose not to employ our resources to engage in continuous follow-ups with clients who do not remain timely with completing the outlined objectives within the Stash Plan™ or Stash Management™ processes.
For this reason, from the date that you purchase the Stash Plan, you have six (6) months to complete the Stash Plan process. If you do not complete the process within that period, you acknowledge and agree that Stash Wealth is no longer obligated to work with you or to continue to allocate Stash Wealth resources to your account, unless otherwise stated by Stash Wealth in writing.
Upon completion of the Stash Plan (which coincides with your Step Two meeting), the Stash Plan is good for ninety (90) days. Upon expiration, the Stash Plan may no longer be an accurate representation of your financial situation and financial needs.
You are under no obligation to continue working with Stash Wealth once you have completed the Stash Plan. However, if you do wish to continue working with us, you must engage in the Stash Management by opting-in to the service via the dashboard within ninety (90) days of your completion of the Stash Plan.
b. Stash Dashboard. By purchasing the Stash Plan, you will receive access to the Stash Wealth Dashboard (the “Dashboard”). Your access to the Dashboard will terminate 90 days after your completion of the Stash Plan. However, if you elect to engage the Stash Management Service within this 90-day period, you will have continued access to the Dashboard for as long as you are a Stash Management client.
c. Stash Plan Refund Policy If you think you’re ready for a financial plan, you probably are. For that reason, we cannot offer refunds to clients who do not see the Stash Plan process through to completion.
If you are dissatisfied with the service you received from Stash Wealth upon completion of the Stash Plan, you may request a Refund Request Form by emailing us at email@example.com. Upon consideration of the form, Stash Wealth may, in its sole discretion, offer a partial refund. Notwithstanding the foregoing, we are not required to issue a refund to any client.
d. Stash Management. Our ongoing financial advisory and investment management service is called Stash Management. In order to be eligible for Stash Management, you must complete the Stash Plan process.
You may enroll in the Stash Management Service via the client Dashboard. The onboarding process must be completed within 45 days. If you do not complete the process within this timeframe, you acknowledge and agree that Stash Wealth has no duty to continue working with you or to continue to allocate Stash Wealth resources to your account.
You may request to terminate your participation in the Stash Management service, at any time, by providing advance written notice.
Stash Wealth reserves the right to terminate your participation in the Stash Management Service if Stash Wealth determines, in its sole discretion, that you are unresponsive or otherwise uncommitted to the program.
e. Wealth Coaching by Invibed. Stash Wealth can and may refer “future H.E.N.R.Y.s™” (a.k.a. clients who do not qualify for our services) to Invibed’s Wealth Coaching program (“Invibed”). Referrals may result from conversations between prospective clients and our employees as well as via the algorithm that runs the “Am I A H.E.N.R.Y.™?” questionnaire located on the Service.
You acknowledge and agree that Invibed is not in any way connected to Stash Wealth, and that we are not responsible for the content on Invibed’s website, nor for any advice that you receive from Invibed. Stash Wealth disclaims, to the fullest extent permissible by law, liability resulting from your use of, or communications with, Invibed
a. Generally. Please note that the billing policies that are disclosed to you in subscribing to the Service are deemed part of this Terms of Service. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Service.
We reserve the right to set prices in our sole discretion. Up to date pricing is always available on the Stash Wealth Website and available through the ADV.
b. Stash Plan™ Billing. Stash Wealth bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Stash Wealth all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Stash Wealth to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Stash Wealth reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Prices for the services offered by Stash Wealth™, including without limitation the Stash Plan™ and Stash Management™, can be found in Stash Wealth’s ADV.
c. Stash Management™ Billing: The Client will pay Stash Wealth an investment advisory fee as outlined in the ADV. By entering into this Agreement, you acknowledge that your subscription consists of a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation which must be submitting in writing in advance to Stash Wealth. Until you provide notice (confirmed in writing by Stash Wealth) that you have terminated this authorization or wish to change your payment method your account will be charged. Such notice will not affect charges submitted before Stash Wealth could reasonably act. We auto-renew your membership at the level you selected. Your Stash Wealth subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected.
d. Additional Details for Fast-Track Billing. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY STASH WEALTH IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE STASH WEALTH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT STASH WEALTH MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY STASH WEALTH).
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
e. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Stash Wealth is authorized to charge your Payment Method. Stash Wealth may submit those charges for payment and you will be responsible for such charges. This does not waive Stash Wealth’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
The Agreement will remain in full force and effect while you use the Service. You may terminate your membership , at any time, by providing advance written notice. If you resign or cancel your membership to Stash Wealth, to help Stash Wealth analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.
Stash Wealth may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Stash Wealth. All decisions regarding the termination of accounts shall be made in the sole discretion of Stash Wealth. Stash Wealth is not required to provide you notice prior to terminating your membership; however, we will provide a termination notice prior to termination of your account. Stash Wealth is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, the Agreement will remain in effect. All terms that by their nature may survive termination of the Agreement shall be deemed to survive such termination. Stash Wealth will continue to collect fees on any accounts held at Stash Wealth until they are moved to a new financial institution of your choosing. Clients are encouraged to move their accounts as soon as possible after terminating their relationship with Stash Wealth.
Subject to your continued compliance with this Agreement and payment of all fees in accordance with Section 10 hereof, Stash Wealth grants you a non-exclusive and limited license to use and, as applicable, install the Service during the term of such license corresponding with the period for which a given payment is made (the “License Term”). Unless otherwise specified at the time of purchase, the License Term shall be yearly. Upon the expiration or termination of the License Term, the Service may cease to operate without prior notice. Upon expiration or termination of the License Term, you may not access the Service unless you have renewed the license.
If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Stash Wealth, which may be revoked at any time, for any reason, in Stash Wealth’s sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Stash Wealth of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Stash Wealth will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Stash Wealth account.
a. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Stash Wealth.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any Content appearing on the Service.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
h. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Service, or any content on the Service.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Stash Wealth employee. If Stash Wealth determines that any user has threatened, stalked, harassed, or verbally abused any Stash Wealth employee or another Stash Wealth Member, Stash Wealth reserves the right to immediately terminate that user’s membership and suspend access to the Service.
m. You must not sell or transfer, or offer to sell or transfer, any Stash Wealth account to any third party without the prior written approval of Stash Wealth.
n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Stash Wealth; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Stash Wealth’s servers, system or network or attempt to breach Stash Wealth’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking Stash Wealth’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Stash Wealth under the Agreement, Stash Wealth reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that Stash Wealth has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of the Agreement. This may include taking court action and/or reporting offending users to the relevant authorities.
Stash Wealth uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Stash Wealth cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Stash Wealth be liable for any copying or usage of Your Content not authorized by Stash Wealth. You hereby release and forever waive any claims you may have against Stash Wealth for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY STASH WEALTH HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. IF YOU DO NOT WISH FOR YOUR CONTENT TO BE PUBLIC, DO NOT UPLOAD IT TO THE SERVICE.
Stash Wealth reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Stash Wealth shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Services, Stash Wealth reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
Stash Wealth may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Stash Wealth does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Stash Wealth does not create Third-Party Content, nor does Stash Wealth update or monitor it. Stash Wealth is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Stash Wealth users (collectively, the “Reference Sites”). Stash Wealth does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Stash Wealth, the Stash Wealth logos and any other product or service name or slogan contained in the Service are trademarks of Stash Wealth or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stash Wealth or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Stash Wealth may provide you from time to time.
Stash Wealth retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of Stash Wealth, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Service is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Stash Wealth and for Stash Wealth Members' use only. Distribution of Content to others is strictly prohibited. You agree that Stash Wealth would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Stash Wealth shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on the Service may be supplied by third parties. Stash Wealth has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
You may not use any metatags or any other hidden text utilizing " Stash Wealth " or any other name, trademark or product or service name of Stash Wealth without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Stash Wealth and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Stash Wealth. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Stash Wealth’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
Stash Wealth does not claim ownership of Your Content. However, with respect to Your Content, you grant Stash Wealth a worldwide, royalty-free and non-exclusive license(s) to use, reproduce, modify, and adapt, such content for the purpose of administering the Service.
Stash Wealth has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Stash Wealth to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Stash Wealth of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Stash Wealth may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Stash Wealth accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of the Agreement.
In no event shall Stash Wealth be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from Stash Wealth or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
Further, Stash Wealth™ shall not be liable to you for any independent acts or omissions by third parties. A person who is not a party to the Agreement has no rights to enforce any term of the Agreement and the Agreement shall not be deemed to create any third party beneficiary rights.
The content and functionality on the Service, along with the services provided by employees of the Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Stash Wealth makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or data provided thereon, or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL STASH WEALTH, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENT AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF STASH WEALTH HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL STASH WEALTH HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF STASH WEALTH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Stash Wealth and sole remedy available to any Member in any case in any way arising out of or relating to the functionality of the Websites and/or, the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Stash Wealth during the six months prior to notice to Stash Wealth of the dispute for which the remedy is sought.
You agree to indemnify and hold Stash Wealth, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service in violation of this Terms of Service and/or arising from a breach of this Terms of Service including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Service, and/or your making available thereof to other users of the Service, and/or the actual use of Your Content by other users of the Service or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Stash Wealth.
In the event that Stash Wealth is successful in whole or in part in any action or proceeding related to or arising from the Agreement, you shall be responsible for Stash Wealth’s attorneys' fees and costs.
Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE STASH WEALTH THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law and/or preempted by ERISA or other federal or state laws or regulations, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of Kings, or the United States District Court for the Eastern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of Kings, or the United States District Court for the Eastern District of New York.
You agree that, except as otherwise expressly provided in the Agreement, there shall be no third party beneficiaries to the Agreement.
Except as otherwise provided in the Agreement, no assignment of the Agreement by Stash Wealth™ shall be effective without your prior written consent.
If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Stash Wealth’s failure to enforce any term of the Agreement shall not be deemed as a waiver of such term or otherwise affect Stash Wealth’s ability to enforce such term at any point in the future.
The section headings contained in this Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Service.
Please contact us with any questions regarding this agreement. Stash Wealth is a trademark of Stash Wealth, LLC.
Stash Wealth reserves all rights not expressly granted in the Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.