Terms and Conditions
Last updated on: November 15, 2022.
WELCOME TO THE WOLFPACK WEBSITE
As used in these Terms & Conditions, “Wolfpack” shall mean and include Wolfpack Financial Inc. and / or its in-application and web experiences (“Website”) at www.wolfpack.com, providing finance, investments, and / or trading products and services (“Services”).
The Wolfpack Website and mobile application may include or make available certain content (the “Content”). Content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation, bill payment and account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Wolfpack and Marks owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Accessing our Website and using our Services means that you agree to the Terms and Conditions (“Terms”) that form a binding legal agreement between you and Wolfpack. Please read our Terms carefully.
Different terms and conditions may have been posted at certain areas of the Website that may require you to agree with and accept these additional terms. These terms shall take precedence over the terms mentioned here with respect to your access to and use of that limited area of the Website.
If you accept and agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” will apply to that company or other legal entity.
Wolfpack reserves the right to discontinue, terminate or modify the Website, the Services and the Terms at any time and without prior notice. The modified terms will be posted on the Website. You are indicating that you agree to be bound by the modified terms by continuing to access or use the Website or Services after we have posted a modification. You are denied access to our Website if you do not agree to these modified Terms.
You hereby represent and warrant to Wolfpack that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. Additionally, the Content and the Service are intended for United States residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
DISCLAIMER AND LIMITATION OF LIABILITY
The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Wolfpack and the Third-Party Providers expressly disclaim all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wolfpack nor Third-Party Providers guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service only at your own risk.
Neither Wolfpack nor the Third-Party Providers explicitly or implicitly endorse or approve any Third Party Content. Third Party Content is provided for informational purposes only.
The Content is not intended to provide financial, legal, tax or investment advice or recommendations, unless specifically identified as an individualized recommendation in writing. You are solely responsible for determining whether any self-directed investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
WOLFPACK AND THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WOLFPACK OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) , RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
Wolfpack does not prepare, edit, or endorse Third Party Content. Wolfpack does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
You will not hold Wolfpack and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure”.
Wolfpack Financial Inc. provides self-directed investors with discount brokerage services and, unless clearly identified in writing to you as an individualized recommendation, Wolfpack does not make recommendations or offer investment advice of any kind. As a self-directed investor, you are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold Wolfpack or any Third-Party Provider liable for any possible claim for damages arising from any self-directed decision you make based on the Content or other information made available to you through the Service or any Third- Party Provider websites. Past performance data should not be construed as indicative of future results.
Unless otherwise expressly stated, trademarks, copyright, patents and all other intellectual property rights in all material presented on the Website (including but not limited to text, audio, video or graphical images, coding of the mobile software application), trademarks and logos appearing on this Website are the property of Wolfpack, its parent, affiliates and associates and are protected under applicable laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Website; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Services, including without limitation, the size, color, location or style of all proprietary marks. Any unauthorized use of the Content, including but not limited to texts, audio, video, graphics, images, being property of Wolfpack, would amount to infringement and shall be vigorously defended and pursued to the fullest extent permitted by law.
Wolfpack grants you permission to only access and make limited personal and noncommercial use of the Content or Services and you agree not to, directly or indirectly download / modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any Content on the Website, or any portion of it; or delete or fail to display any promotional taglines included in the Services either directly or indirectly, except with the written consent of Wolfpack.
Wolfpack forbids you from any attempts to sell or resell or put to commercial use any part of the Website / Content / Services; any collection and use of any stock listings, descriptions; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of any other merchant; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Services, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Website.
No part of the Website may be reproduced or transmitted to or stored in any other webpage or mobile application nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
INDIVIDUAL REGISTRATION, ACCESS AND EXCHANGE OF INFORMATION
For certain services, registration by the user may be required. To register for these services, the user has to open an account by completing the registration process (i.e., by providing us with current, complete and accurate information as prompted by the applicable registration form. By registering, you agree to the following Terms in addition to any other specific terms which shall be posted at an appropriate location of the Website. Each registration is for a single individual user only.
Therefore, we do not permit any of the following: –
1. Any other person sharing your account and Password;
2. Any part of the Website being cached in proxy servers and accessed by individuals who have not registered with Website or Wolfpack; or
3. Access through a single account and Password being made available to multiple users on a network.
If Wolfpack reasonably believes that an account and password is being misused in any manner, Wolfpack shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wolfpack immediately of any unauthorized use of your account or any other breach of security. Wolfpack will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you shall be held liable for losses incurred by Wolfpack.
NO UNLAWFUL OR PROHIBITED USE
Notwithstanding anything contained herein, You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website, that —
a) Belongs to another person and to which you do not have any right to;
b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) Harm minors in any way;
d) Infringes any patent, trademark, copyright or other proprietary rights;
e) Violates any law for the time being in force;
f) Deceives or misleads any other User of the Website and Services, about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) Impersonate another person;
h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) Threatens the unity, integrity, defense, security or sovereignty of United States of America, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
j) promotes, offers, for sale or sells any security or item, good or service that i) violates any applicable federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) Wolfpack or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale;
k) access or otherwise use the Website / Content / Services in any unlawful manner, for any unlawful purpose or in violation of these Terms;
l) Collects or store personal data of any other user of the Website in violation of the data protection laws of the state, federal, or even GDPR, if applicable;
m) intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law
You will indemnify and hold harmless Wolfpack and the Third-Party Providers, and the officers, directors, agents, partners, employees, licensors, distributors, and representatives of Wolfpack and the Third-Party Providers, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
APPLICABLE LAW AND VENUE
You agree that these Terms shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Santa Clara County, California, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.