1. Acceptance. Use of the Fangorn Wealth Management World Wide Web (“Web”) site and the services available from the Fangorn Wealth Management Web site (the “Service”) are subject to the following Terms of Service and User License (“TOS”). Please read the TOS carefully before using the Service, as your use of the Service will signify your assent to be bound by these terms. As used herein, “Fangorn Wealth Management” means Fangorn Financial Services LLC, Fangorn Wealth Management and any future affiliates.

2. Access and Registration. In order to use the Service, you need the equipment necessary to connect to, and the connection necessary to access the Web. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your “Computer”) to use the Software. You are responsible for installing, maintaining, and operating your Computer. Fangorn Wealth Management is not responsible for any problems associated with your use of the software on your Computer which are caused by your Computer, including any virus or related problems associated with your use of the Service on your Computer. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.

3. Conflict with Engagement Agreement.   Nothing in the TOS or any disclaimers included herein shall replace or control vis-à-vis any conflicting provisions in any customer agreement or engagement agreement you enter into with Fangorn Wealth Management. 

4. User Conduct. You may only use the Service and any data contained in the Service for your own personal and non-commercial purposes. You agree that you will not use the Service to: submit, post, upload, or otherwise transmit any content through the Service (“User Content”) that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights; submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell any goods or services for any commercial purpose; conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters; impersonate, or otherwise misrepresent your affiliation with, any other person or entity; falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the Service or contained in a file that is uploaded; collect or store personal data about other members; or violate any applicable local, state, federal, or international law or regulation.

5. Copyright; Restrictions on Use. Certain content on the Service (“Service Content”), including data, news or information (“Third Party Data”) provided by third parties (“Data Providers”) and the technology underlying the Service (“Software”) are protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws. Fangorn Wealth Management and its licensors own all right, title and interest in and to the Service Content and the Software and the Data Providers retain their ownership rights in the Third-Party Data. You acknowledge that the Service, the Software, and any underlying technology used in connection with the Service contain proprietary information of Fangorn Wealth Management. You may not copy, duplicate, reproduce (except as stated below), publish, distribute, create derivative works of, modify, adapt, translate, rent, sublicense, assign, loan, sell, transfer, network, display to third parties other than family members or friends, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Software, the Service Content or the Service. You may not give copies of the Software to anyone. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human perceivable form.  You must abide by all copyright notices, information, or restrictions contained in or attached to any Service Content or portion of the Service. Neither the TOS nor any other agreement pertaining to your use of the Service limits any of our or our affiliates’ rights under trade secret, copyright, patent or other laws. Fangorn Wealth Management reserves the right, without prior notice and at its sole discretion, to remove any User Content that is in violation of the TOS. You are licensing to Fangorn Wealth Management and its service providers any information, data, passwords, materials or other content (collectively, “Your Content”) you provide through or to the Service. Fangorn Wealth Management and its service providers may use, modify, display, distribute and create new material using Your Content to provide the Service to you. By submitting Your Content, you automatically agree, or promise that the owner of Your Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Fangorn Wealth Management and its service providers may use Your Content for the purposes set out above.

6. Trademarks. Third party trademarks, service marks, logos, and trade names appearing on the Service are the property of their respective owners.

7. E-mail Address. We may contact you by e-mail if you provide us with your e-mail address. You agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.

8. Changes to Service or TOS. Fangorn Wealth Management may modify, suspend or discontinue all or any portion of the Service at any time, with or without notice. Fangorn Wealth Management reserves the right to modify the TOS at any time. You agree to review the TOS periodically so that you are aware of any modifications. Your continued use of the Service shall be deemed your acceptance of the modified TOS.

9. Failure to Comply with TOS. You acknowledge and agree that Fangorn Wealth Management may suspend or terminate and/or deny you access to, use of, or submission of Service Content for all or part of the Service, without prior notice, if you engage in any conduct that Fangorn Wealth Management believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of Fangorn Wealth Management or third parties, or (c) is otherwise inappropriate for continued access and use of the Service.

10. Links. The Service may contain links to Web sites operated by third parties. Fangorn Wealth Management is not responsible for the content of these Web sites or for your transactions with them. Inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites by Fangorn Wealth Management.

11. Termination. You may discontinue your access to the Service at any time. The TOS will continue to apply to all past use of the Service by you, even if you are no longer using it.

12. Disclaimer. THE SERVICE MAY CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FANGORN WEALTH MANAGEMENT DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER THIRD-PARTY CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND SERVICE CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE, THE SOFTWARE AND THIRD-PARTY DATA ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. NEITHER FANGORN WEALTH MANAGEMENT NOR ANY DATA PROVIDER OR SERVICE PROVIDER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY THIRD-PARTY INFORMATION OR INFORMATION PROVIDED BY YOU FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANGORN WEALTH MANAGEMENT AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENT, THE SOFTWARE, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH FANGORN WEALTH MANAGEMENT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, FANGORN WEALTH MANAGEMENT DOES NOT WARRANT THAT THE SOFTWARE, THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

13. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL FANGORN WEALTH MANAGEMENT OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS OR ANY DATA PROVIDER OR SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE, (II)YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF FANGORN WEALTH MANAGEMENT OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER FANGORN WEALTH MANAGEMENT NOR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA, OR (iii) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification. You agree to indemnify, defend and hold harmless Fangorn Wealth Management and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with the TOS, your infringement or violation of any intellectual property or other right of a third party, your User Content, or from your violation of any applicable law.

15. Applicable Law. The TOS is entered into in Seattle, Washington and governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for claims under the TOS will be the courts of the State of Washington or the U.S. District Court for the Western District of Washington, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees.

16.  Conflict with Engagement Agreement.   Nothing in these terms of service and disclaimer shall replace or control vis-à-vis any conflicting provisions in any customer agreement or engagement agreement you enter into with Fangorn Wealth Management.     

Last Updated December 21, 2024.