Terms of Use | Acquisition Wise®

Acquisition Wise® Terms of Use

Last Updated: November 15, 2022

Acquisition Wise® (“Acquisition Wise, LLC®" , "Acquisition Wise" or "A|W”) owns and operates the website located at www.acquisitionwisellc.com and its dependent pages (the “Website” or "Site") and related application programing interfaces (“APIs”), mobile applications and online services, and any other products, and services, including downloadable content and counseling, (the “Offerings”) that Acquisition Wise may provide now or in the future (collectively the “Offerings”).

These Terms of Use are a legally binding contract between Acquisition Wise and any user or purchaser of the Offerings (“you” or “your”) regarding the use of the Offerings. If you will be using the Offerings on behalf of an organization, you agree to these Terms on behalf of your organization and you represent that you have the necessary authority to legally bind that organization. In such case, “you” and “your” will also refer to that organization. Visitors and users of the Offerings are referred to individually as “User” and collectively as “Users.”

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, PURCHASING OR USING THE OFFERINGS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AN AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Acquisition Wise’s PRIVACY POLICY, AND THE COOKIE POLICY (COLLECTIVELY, THE “TERMS”).

User Consent; Access.
Changes and Updates.
Privacy Policy.
Intellectual Property.
User Conduct.
Third-Party Content, Products, and Services; Links.
Registration, Account Management, Security.
Representations and Warranties.
Disclaimer; No-Warranties.
Limitation of Liability and Damages; Indemnification; Attorney’s Fees.
Term and Termination.
Financial Considerations.
Miscellaneous.
Website Disclaimer
Professional Disclaimer
Testimonials Disclaimer
Contact

1. USER CONSENT; ACCESS.

1.1 USER CONSENT.

By using or accessing the Offerings you represent that you have read and agree to be bound by the Terms; and you represent, warrant, and covenant that you are at least eighteen (18) years old and are a resident of the United States.

1.2 ACCESS TO THE OFFERINGS.

Acquisition Wise offers certain content to members on a one-time payment basis, as set forth at Acquisition Wise Membership Page. In exchange for registering and paying for a service and/or consultation, consistent with Section 1.3, you shall have access to additional materials, information, and services commiserate with your one-time payments for service(s) selected, including services (Offerings) resulting after payment for service(s) (Offerings).

Limited access to the Website is provided free of charge and does not create a professional services relationship or any other relationship with Acquisition Wise. The Website is provided solely for your personal, non-commercial use, except where expressly specified otherwise.

To obtain this access to additional portions of the Website as well as certain services and products, you agree to pay Acquisition Wise the applicable fees for each Offering you purchase or use in accordance with the pricing and payment terms presented to you for that Offering. Where applicable, you will be billed using the billing method you select at the time of purchase. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Offerings nor transfer to or store any data residing or exchanged over the Offerings in any electronic network for use by more than one user unless you obtain prior written permission from Acquisition Wise. Specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Offerings.

1.3 SUBSCRIPTIONS; FEES.

(A) Some of the Offerings are billed on a subscription basis (the “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “Billing Cycle”). Billing Cycles are typically annual, but may have other periods depending on which subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal by removing your credit card from the “Account Setting” page. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the current Billing Cycle before terminating. Acquisition Wise does not provide refunds for unused portions of a Subscription period for cancellations within that Subscription period.

(B) To avoid a potential disruption to your Subscriptions, Acquisition Wise offers automatic renewal through Acquisition Wise's plugin with Wix.com, and it is enabled by default for all purchases. Unless you notify Acquisition Wise before the end of the applicable Billing Cycle that you want to cancel, your Subscription will automatically renew and you authorize Wix.com, on behalf of Acquisition Wise to collect the then-applicable monthly or annual fee (which may change) for such Subscription using any credit card or other payment mechanism Acquisition Wise has on record for you. To cancel, you can remove your credit card from the "My Account" page when signed into your Membership account.

1.4 TAXES.

Unless otherwise stated, you are responsible for any taxes (other than Acquisition Wise’s income tax) or duties associated with the sale of the Offerings, including any related penalties or interest (collectively, “Taxes”). You will pay Acquisition Wise for the Offerings without any reduction for Taxes.

1.5 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

2. CHANGES AND UPDATES.

2.1 CHANGES TO THESE TERMS

Acquisition Wise reserves the right to modify, amend, and update the terms and conditions of these Terms or its policies relating to its products and services at any time, effective upon posting of an updated version of these Terms on https://www.acquisitionwisellc.com. You are responsible for regularly reviewing these Terms. Continued use of the Offerings after any such changes shall constitute your consent to such changes.

2.2 CHANGES TO OFFERINGS

Acquisition Wise constantly updates and improves its Offerings. In its sole discretion Acquisition Wise may add, alter, or remove functionality from an Offering at any time without prior notice to you. Acquisition Wise may also limit, suspend, or discontinue an Offering in its sole discretion. If Acquisition Wise discontinues an Offering and you are a registered user who has uploaded content to that Offering, Acquisition Wise may give you advance notice at your registered email address to provide you with an opportunity to export a copy of your content from that Offering. Where reasonably practicable, Acquisition Wise will endeavor to notify registered Users, at their registered email address, of material changes to the Offerings.

2.3 PRICE CHANGES.

Acquisition Wise may change the fees charged for the Offerings, including fees for Subscriptions and or one-time payments, at any time, provided that, for the Offerings billed on a subscription basis, the change will become effective only at the end of the then-current Billing Cycle for that Subscription. Acquisition Wise will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

2.4 CHANGES TO TERMS.

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

3. PRIVACY POLICY.

Acquisition Wise’s Privacy Policy, which is incorporated into these Terms by reference, is available at acquisitionwisellc.com/privacy-policy. Acquisition Wise reserves the right to modify the Privacy Policy in its sole discretion from time to time.

4. INTELLECTUAL PROPERTY.

4.1 INTELLECTUAL PROPERTY.

(A) The Offerings, including the Website, its information, data, materials, software, functionality, services, content, text, audio, video, and graphics, is proprietary and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Offerings are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, directories, and other elements making up the Offerings are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Offerings, including the Website.

(B) You acknowledge that the Offerings have been developed, compiled, prepared, revised, selected, and arranged by Acquisition Wise and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders. You acknowledge and agree that you have no ownership rights in or to the Website or any other Offerings and that no such rights are granted under these Terms. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Website and the Offerings. You shall honor and comply with all written requests made by the IP Rights Holders to protect their contractual, statutory, and common law rights in the Website and other Offerings with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Acquisition Wise in writing promptly upon becoming aware of any claim that the Website or other Offerings infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Acquisition Wise shall retain all rights to all data comprising or included in the Website (including without limitation related information, such as informational materials and videos). The granting of any license under these Terms does not affect the ownership of any data or materials, whether tangible or intangible. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the “Intellectual Property Rights”) shall, as between you and Acquisition Wise, at all times be and remain the sole and exclusive property of Acquisition Wise.

(C) You shall not use any of Acquisition Wise’s or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Acquisition Wise or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks. Except as specifically permitted by these Terms, you may not copy or make any use of the Offerings or any portion of the Offerings. Except as specifically permitted in these Terms, you shall not use the Intellectual Property Rights or the Offering, or the names of any individual participant in, or contributor to, the Offering, or any variations or derivatives thereof, for any purpose, without Acquisition Wise’s prior written consent.

4.2 License and Restrictions.

(A) License to Acquisition Wise Intellectual Property.

You acquire no rights or licenses in or to the Offerings and materials contained within the Offerings other than the limited right to utilize the Offerings in accordance with these Terms. Should you choose to download content from the Offerings, you must do so in accordance with these Terms. Such download is licensed to you by Acquisition Wise ONLY for your own personal, noncommercial use in accordance with these Terms, and may not be disseminated to any third-party, does not transfer any other rights to you, and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of these Terms.

(B) License to User Submissions and Intellectual Property.

If you submit material to the Website or to Acquisition Wise or its representative, unless Acquisition Wise indicates otherwise, you grant Acquisition Wise a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or later developed. You grant Acquisition Wise the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Acquisition Wise and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. Acquisition Wise and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third-party.

4.3 Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

4.4 No Support or Maintenance.

User acknowledge and agree that Acquisition Wise will have no obligation to provide User with any support or maintenance in connection with the Site.

4.5 Copyright/Trademark Information.

Copyright © 2023 Acquisition Wise, LLC. ("Acquisition Wise" or "A|W") All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. Users are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

5. USER CONDUCT.

5.1 PERMITTED CONDUCT.

You may:

(A) Access the Offerings, including the Website for your personal use. In the event additional members of your team need to access the Offerings which are subject to fees, they must purchase their own accesses to the Offerings at one per individual.

(B) Download and print any Offering materials, which you have paid the relevant fees to access, for the personal use of the account holder. If additional members of the account holder’s organization need to access the Offerings or any materials therein, they must purchase access to those Offerings.

(C) Upon written consent by Acquisition Wise, use of Acquisition Wise's trademarks and copyrighted materials, so long as you attribute proper credit to Acquisition Wise by marking the relevant materials with the appropriate mark. Including “©" Acquisition Wise, LLC for copyrighted materials, “®” for any federally registered trademarks, and “™” for any common law trademarks.

5.2 PROHIBITED CONDUCT.

You shall not:

(A) Recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, create derivative works, or otherwise use the Offerings or any portion of the Offerings in any form or by any means except with the prior written consent of Acquisition Wise, and the consent of certain third-party providers data or of portions of the Offerings, as applicable;

(B) Share, disclose, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Offering(s) in whole or in part;

(C) Sell, trade, or otherwise share the information, materials, data, or access to the Offerings, which are available to you as a Subscription holder, with any other person or entity, who has not yet purchased the Offerings or opted-in to receive it;

(D) Distribute, or allow to be distributed, any of the materials contained in the Offerings or related materials or communications as your own, otherwise known as stealing;

(E) Claim ownership or use over any of Acquisition Wise’s intellectual property without prior written consent from Acquisition Wise, which includes, but is not limited to: copyrights such as Acquisition Wise Playbook, Expose, thought leadership blogs, Acquisition Wise PI, course instructional materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offerings (and its related communications and materials);

(F) Use the Offerings or any related materials or communications in an unlawful way or for any illegal or unlawful purpose(s) or otherwise violate any local, state, federal, or internal law, with respect to the Offerings and these Terms;

(G) Harm or threaten to harm Users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;

(H) Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication to Acquisition Wise or other Users;

(I) Collect, use, or store any personally identifiable information about other Users, or otherwise violate the personal privacy rights of others;

(J) Impersonate any person or entity (including an agent, User, or moderator of Acquisition Wise or its Offerings), or falsely state or otherwise misrepresent your affiliation with a person or entity;

(K) Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;

(L) Disseminate or transmit any User submission that infringes or violates any party’s Intellectual Property Right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of these Terms, a duty of confidentiality, fiduciary duty, or similar duty;

(M) Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Offerings, or servers or networks connected to the Offerings; or disobey any requirements, procedures, policies, or regulations of networks connected to the Offerings;

(N) Express or imply that any statements you make are endorsed by Acquisition Wise, its officers, employees, agents, or affiliates (except as expressly permitted by Acquisition Wise);

(O) Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or its contents (except as expressly permitted by Acquisition Wise);

(P) Remove any copyright, trademark, or other Intellectual Property Rights or proprietary rights notices contained in the Offerings; and

(Q) Engage in any other activity deemed by Acquisition Wise, in its sole discretion, to be in conflict with the spirit or intent of these Terms or that might violate the rights of others or give rise to liability.

5.3 YOUR COMMUNICATION.

(A) You are solely responsible for your conduct, content, and communications with others while using the Offerings. Acquisition Wise is not responsible for these things.

(B) Acquisition Wise, in its sole discretion may terminate your access to the Offerings, if Acquisition Wise determines you are slandering or otherwise disparaging Acquisition Wise, the Offerings, its Users, or related materials. Acquisition Wise reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm Acquisition Wise.

5.4 NO RESALE OF INFORMATION OR OFFERINGS.

Unless expressly authorized by Acquisition Wise in writing, you may not resell or lease the Offerings or any information directly or indirectly extracted from Acquisition Wise. Further, you may not leverage a Subscription to Acquisition Wise to provide services similar to the Offerings provided by Acquisition Wise. This includes forwarding e-mail notifications, allowing others to use your login information, or otherwise leveraging Acquisition Wise’s intellectual property or Offerings to sell, market, or promote your own services or products, without obtaining prior authorization from Acquisition Wise.

5.5 CIVIL AND CRIMINAL PENALTIES.

It is a violation of the law and these Terms to use any of Acquisition Wise’s intellectual property in whole or in part, and any derivative thereof without Acquisition Wise’s permission or inconsistent with these Terms. Notwithstanding any other limitations in these Terms, Acquisition Wise reserves the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed, including asking for financial penalties and equitable relief.

5.6 ABUSIVE AND EXCESSIVE USAGE.

You may not engage in abusive or excessive usage of the Offerings. Abusive or excessive usage includes usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Offerings for any other User. This includes using automated methods for scraping Acquisition Wise data, excessively downloading Acquisition Wise Website content. Acquisition Wise will endeavor to notify account holders of any abusive or excessive usage to provide account holders with an opportunity to reduce such usage to a level acceptable to Acquisition Wise, however Acquisition Wise reserves the right to terminate your account and block you from further usage without notice or a refund of any payments made.

6. THIRD-PARTY CONTENT, PRODUCTS, AND SERVICES; LINKS.

The Acquisition Wise site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Acquisition Wise, and Acquisition Wise is not responsible for any Third-Party Links & Ads. Acquisition Wise provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. Users use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Users should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. Opinions and statements expressed by Users and third-parties are theirs alone, not opinions of Acquisition Wise. Content created by third-parties is the sole responsibility of the third-parties and its accuracy and completeness are not endorsed or guaranteed. The Offerings may include and users may provide links to web pages, websites, and various resources or services. Acquisition Wise has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information. YOU ACKNOWLEDGE AND AGREE ACCESS AND USE OF THIRD-PARTY CONTENT, WEBSITES, INFORMATION, RESOURCES, OR SERVICES, IS SOLELY AT YOUR OWN RISK.

6.1 RELEASE.

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site Users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. REGISTRATION, ACCOUNT MANAGEMENT, SECURITY.

7.1 ACCOUNT CREATION AND USAGE.

User logins to access Acquisition Wise’s Offerings may be used by one individual per unique login, and may not be shared. If an individual user login is shared among more than one individual, Acquisition Wise may cancel the associated account with no prior notice, without allowing you to export your data, and without any obligation to refund any payments made to Acquisition Wise.

As part of the registration process which may be necessary to obtain access to the Offerings or certain portions thereof, certain registration information may be provided to Acquisition Wise. You represent that (a) you have completed any registration process necessary to use the Offerings, and (b) any registration information you provide is accurate and truthful. You shall promptly update the registration information through the Website or as otherwise directed by Acquisition Wise in order to keep such information true, accurate, and up to date. Each registration is for a single user only. Acquisition Wise reserves the right to deny creation of your account based on Acquisition Wise’s inability to verify the authenticity of your registration information. If, as a part of such registration, Acquisition Wise provides you with the ability to select a username, you shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Acquisition Wise, in its sole discretion, deems offensive or inappropriate. You agree to maintain only one account with the Offerings at any time and certify that you currently have no other account(s) with the Offerings. You also agree not to access the Offerings simultaneously from two or more devices.

7.2 KEEP YOUR PASSWORD SECURE.

You agree to treat your username and password (individually and collectively, “User ID”) as confidential and not to disclose such User ID, either directly or indirectly, to any person. You are fully responsible for all of your usage of and activity relating to the Offerings including any use of the User ID. Only you may access a password-protected portion of the Offering through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with these Terms. If you become aware of any unauthorized access to your account, you must notify Acquisition Wise immediately.

7.3 ACCOUNT MONITORING; ACCOUNT TERMINATION.

Acquisition Wise, and its affiliates reserve the right to periodically audit and monitor (physically or electronically) your use of the Offerings to ensure compliance with these Terms and to maintain and improve the provision of the Offerings. Acquisition Wise may also terminate your account and delete any content contained in it if you do not renew your Subscription within five (5) days after the end of the most recent Billing Cycle.

8. REPRESENTATIONS AND WARRANTIES.

Each time you use the Offerings, you shall be deemed to represent, warrant, and covenant to Acquisition Wise that: (i) you have all requisite regulatory and legal authority to enter into and be bound by these Terms; and (ii) your use of the Offerings complies with all applicable laws, rules, and regulations. You further covenant that you shall not use the Offerings or any information obtained through the Offerings in violation of any law.

9. DISCLAIMER; NO-WARRANTIES.

9.1 NO-WARRANTIES.

THE OFFERINGS, INCLUDING ALL RELATED MATERIALS, INFORMATION, SOFTWARE, AND CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACQUISITION WISE DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACQUISITION WISE ALSO DISCLAIMS ANY WARRANTY THAT THE PRODUCTS AND SERVICES CONTEMPLATED UNDER THESE TERMS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACQUISITION WISE OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.2 DISCLAIMERS.

(A). Assumption of Risk.

By accessing Offerings or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or materials provided to you. You further understand that you download from, or otherwise obtain content or services through, the Offerings at your own discretion and risk.

(B) No Confidentiality.

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

The Offerings are updated on a regular basis. While Acquisition Wise tries to make accurate statements in a timely and effective manner, Acquisition Wise cannot guarantee that all materials and related media contained in the Offerings are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of your access to and use of the Offerings is at your own risk. If you should see any errors or omissions please notify Acquisition Wise of such errors or omissions.

(D) Third-Party Disclaimer.

You acknowledge and agree that Acquisition Wise is not liable for any defamatory, offensive, or illegal conduct of any other participant or User, including you.

(E) Harm to Your Computer.

You understand and agree that your use, access, download, or otherwise obtaining content, Website materials, software, or data through the Offerings is at your own discretion, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.

9.3 SURVIVAL.

This Section 9 shall survive termination of these Terms.

10. LIMITATION OF LIABILITY AND DAMAGES; INDEMNIFICATION; ATTORNEY’S FEES.

10.1 LIMITATION OF LIABILITY.

IN NO EVENT SHALL ACQUISITION WISE BE LIABLE TO YOU FOR ANY INDIRECT, INDIRECT LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER DAMAGES OF ANY TYPE (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARISING OUT OF AND/OR FROM, OR IN ANY WAY CONNECTED WITH THE OFFERINGS, INCLUDING THE USE OR INABILITY TO USE THE OFFERINGS, ANY CONTENT OBTAINED FROM OR THROUGH THE OFFERINGS, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION IN ANY INFORMATION (REGARDLESS OF CAUSE) CONTAINED IN THE OFFERINGS, RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF YOU OR ACQUISITION WISE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

In jurisdictions which do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, Acquisition Wise’s liability shall be limited to the fullest extent allowed by such jurisdiction’s laws.

10.2 LIMITATION OF DAMAGES.

IN NO EVENT SHALL ACQUISITION WISE’S AGGREGATE LIABILITY EXCEED THE EITHER (1) THE AMOUNT ACTUALLY PAID BY YOU TO ACQUISITION WISE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR (2) ONE HUNDRED DOLLARS ($100), WHICHEVER AMOUNT IS GREATER.

10.3 BASIS OF THE BARGAIN.

YOU ACKNOWLEDGE AND AGREE THAT ACQUISITION WISE HAS OFFERED THE OFFERINGS, INCLUDING THE WEBSITE AND THE CONTENT THEREON, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ACQUISITION WISE, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ACQUISITION WISE, ACQUISITION WISE WOULD NOT BE ABLE TO PROVIDE THE OFFERINGS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

10.4 INDEMNIFICATION.

You agree, to the extent permissible, to indemnify, defend and hold harmless Acquisition Wise, its affiliates, licensors, suppliers, advertisers, sponsors, managers, members, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your access to, use or misuse of the Offerings; (b) your breach or violation of these Terms; (c) any breach of the representations, warranties, and covenants made in these Terms; (d) your failure to comply with applicable laws (including any failure to obtain or provide any necessary consent or notice); (e) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User profile or content; (f) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.

Acquisition Wise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Acquisition Wise, and you agree to cooperate with Acquisition Wise’s defense of these claims. You agree not to settle any such matter without the prior written consent of Acquisition Wise. Acquisition Wise, will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10.5 ATTORNEYS FEES.

If you bring any legal action against Acquisition Wise arising under or pursuant to these Terms or related to the Offerings, you agree that, in the event you do not prevail, or Acquisition Wise does prevail, you will reimburse Acquisition Wise for reasonable attorneys’ fees and costs associated with Acquisition Wise’s defense of the action.

10.6 SURVIVAL.

This Section 10 shall survive termination of these Terms.

11 TERM AND TERMINATION.

11.1 TERM.

Subject to this Section, these Terms shall remain in full force and effect so long as you use or access the Offerings unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Offerings. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Acquisition Wise will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 4 through through Section 17.

11.2 TERMINATION BY ACQUISITION WISE, LLC.

At any time, Acquisition Wise in its sole discretion, may for any reason or no reason and without penalty, suspend or terminate (a) any account (or any part thereof) you may have with Acquisition Wise or (b) your access or use of the Offerings. Upon such termination, Acquisition Wise may remove and discard all or any part of your account and content. Acquisition Wise, in its sole discretion, may also revoke access to the Offerings, including the Website, at any time and if necessary, block your IP address from further visits to the Offerings. You agree that any termination of your access to the Offerings including any account you may have may be affected without prior notice, and you agree that Acquisition Wise will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Acquisition Wise may have at law or in equity. As discussed in these Terms, Acquisition Wise does not permit copyright, trademarks, or other intellectual property infringing activities on the Offerings, and will terminate access to the Offerings by any Users who are found to be infringers.

11.3 TERMINATION BY YOU.

You have the unilateral right to terminate your use of and access to any Offerings and thereby terminate this agreement at any time. You may terminate these Terms at any time by deleting your login account with the Offerings and discontinuing use of any and all parts of the Offerings. If you terminate a Subscription during an ongoing Billing Cycle, you will not receive a refund for any period of time you did not use in that Billing Cycle unless a refund is required by law.

12. FINANCIAL CONSIDERATIONS.

12.1 INVOICE PAYMENTS.

Payments are due within thirty (30) days from your recorded purchase date of any Offerings issued through invoice by Acquisition Wise. Any late payments beyond theses thirty (30) days will incure a 1.5% late fee for every month after the due date until the total amount due of service charge is paid in full.

12.2 NO REFUNDS.

Due to the nature of the services and products provided, refunds will not be given unless otherwise specified in writing.

12.3 CHARGEBACKS.

If refunds are offered by Acquisition Wise, you agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of Acquisition Wise’s materials afforded to you in exchange for your original purchase of the Offerings. Acquisition Wise reserves the right to present proof of your access and these Terms to the financial institution investigating the dispute.

13 MISCELLANEOUS.

13.1 NOTICE.

Acquisition Wise may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Offerings, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Acquisition Wise is notified that the email address is invalid. Alternatively, Acquisition Wise may give you legal notice by mail to a postal address, if provided by you through the Offerings. In such case, notice will be deemed given three (3) days after the date of mailing. Notices posted by Acquisition Wise on the Offerings are deemed given fifteen (15) days following the initial posting. Any notices directed to Acquisition Wise shall be sent via e-mail to info@acquisitionwisellc.com with such notice being deemed given upon delivery.

13.2 NO WAIVER.

The failure of Acquisition Wise to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of Acquisition Wise.

13.3 ASSIGNMENT AND DELEGATION.

You may not voluntarily assign any right or obligation under these Terms without Acquisition Wise’s prior written consent. Acquisition Wise may assign or delegate its rights and obligations under these Terms at any time without notice to you. Any purported assignment or purported delegation in violation of this Section 13.3 is void.

13.4 SURVIVAL.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 9, 10, and 13 and the Privacy Policy and the Cookie Policy.

13.5 INTERPRETATION; HEADINGS.

The use of the terms “includes,” “including,” “such as,” and other similar terms shall be deemed not to limit what else may be included. The heading references in these Terms are for convenience purposes only and shall not be interpreted to limit or affect any provision of these Terms.

13.6 ENTIRE AGREEMENT.

These Terms, the Privacy Policy, and Cookie Policy together constitute the entire agreement between you and Acquisition Wise relating to the subject matter of this agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in these Terms are expressly merged into and superseded by these Terms. Acquisition Wise’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Acquisition Wise is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Acquisition Wise's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Acquisition Wise may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

13.7 SEVERABILITY.

If any part or provision of these Terms is held to be unlawful, void, or unenforceable, by a court of competent jurisdiction that part or provision will be severed and the remaining provisions contained in these Terms remain in full force and effect, so long as the essential provisions of these Terms for each party remain legal and enforceable.

13.8 GOVERNING LAW AND JURISDICTION.

These Terms are governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflicts of law principles. YOU AND ACQUISITION WISE HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN OR FOR ANNE ARUNDEL COUNTY, MARYLAND OR THE FEDERAL COURTS LOCATED IN DISTRICT OF MARYLAND WITH RESPECT TO ANY LEGAL OR EQUITABLE CLAIM, DISPUTE, OR ACTION OR PROCEEDING ARISING FROM OR RELATING TO YOUR USE OF THE OFFERINGS OR THESE TERMS.

All rights not expressly granted in these Terms or any expressly written here, are reserved by Acquisition Wise.

14. WEBSITE DISCLAIMER

The information provided by Acquisition Wise, and its affiliates (“we,” “us” or “our) on www.acquisitionwisellc.com (the “Site”) is for general information purposes only. All information on the Site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Site or reliance on any information provided on the site. Your use of the Site and your reliance on any information on the Site is solely at your own risk.

15. PROFESSIONAL DISCLAIMER

The Acquisition Wise consulting information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. The use of reliance on any information contained on this site is solely at your own risk.

16. TESTIMONIALS DISCLAIMER

The website may contain testimonials by Users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of our products and/or services. We do not claim, and you should not assume, that all Users will have the same experiences. Your individual results may vary.

The testimonials on the website are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the Users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.

17. CONTACT.

Notices and questions about these Terms may be directed to: Acquisition Wise, LLC at info@acquisitionwisellc.com