Breville Wealth Management, INC
Local Presence | National Scale
Questions? Contact Us (281) 851-1450
Breville Wealth Management, INC
Local Presence | National Scale
Questions? Contact Us (281) 851-1450
Last Modified: January 02, 2024
These terms of use are entered into by and between you and Breville Wealth Management, INC and its affiliates and subsidiaries (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of BrevilleWealthManagement.com, including any content, functionality, and services offered on or through https://BrevilleWealthmanagement.com (the “Website“), whether as a guest or a registered user. For purposes of these Terms of Use, “you” includes you and your agents (such as a mortgage broker) using the Website and acting on your behalf, and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You acknowledge that the Company is not liable for any loss or damage arising out of your failure to comply with this section.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are, unless otherwise indicated, owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except for personal and non-commercial uses, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, license, publish, download, store, transfer, sell, use on another website, or transmit any of the material, including illustrations, photographs, video or audio sequences, any graphics separately from the accompanying text, lists of users, databases, products, or services obtained from the Website. In addition, you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company’s product names, the Company logo, and all related names, logos, product and service names, designs, and slogans and trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
All information and content you provide (“User Information”) must comply with the Content Standards set out in these Terms of Use. All User Information you post to the Website will be considered non- confidential and non-proprietary. By providing any User Information on the Website, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Information you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Information posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS
THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all material uploaded to the Website, including and User Information and use of interactive services. User Information must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Information must not:
If you believe that any material on the Website violates your copyright, you may send a written notification of such infringement to Info@BrevilleWealthManagement.com
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
By providing us with a telephone number for a cellular phone or wireless device (including a number that you later convert to a wireless device number), you expressly consent to receive informational, telemarketing, and advertising communications from us and our service providers. Such communications, include, but are not limited to prerecorded or artificial prerecorded voice message calls, text messages, and communications made by an automatic telephone dialing system. This express consent applies to all telephone numbers and e- mail addresses you provide now and all telephone numbers and e-mail address you provide to us in the future. You understand that you are not required to grant consent as a condition of purchasing any property, goods, or services from the Company. Should you wish to decline to provide such express consent or revoke your consent at any time, you
may do so by emailing info@BrevilleWealthManagement.com. You understand that message and data rates may apply.
The owner of the Website is based in the State of Texas, in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.’
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non- performance, or termination, to final and binding arbitration under the
Rules of Arbitration of the American Arbitration Association applying Texas law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Breville Wealth Management, INC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Section 326 of the USA PATRIOT Act requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or changes an existing account. This federal requirement applies to all new customers and current customers. This information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities.
This website is operated by Breville Wealth Management, INC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Info@BrevilleWealthManagement.com .
The following constitute the various terms and conditions governing use of this Breville Wealth Management, ILC (“Breville wealth management,” “our,” “us,” “we”) website, www.breville wealth management (the “Site”). By using the Site, you acknowledge and agree to be bound by the following terms of use and any instructions, policies, guidelines, disclaimers, and limitations of liability referenced herein (the “Terms of Use”).
Please read these Terms of Use carefully, and check them periodically. Breville wealth management may have changed the Terms of Use since your last visit to the Site. The effective date of these Terms of Use is March 5, 2024.
We reserve the right to change the Terms of Use at our discretion. All such changes will be binding upon you as of the revised effective date. Your continued use of the Site after any such changes will be considered as your acceptance of the most recent version of the Terms of Use, including any such changes.
You may not amend or modify the Terms of Use under any circumstances. It is your responsibility to check the Terms of Use and make sure you can agree and accept the Terms of Use. If you do not accept the Terms of Use, please do not use this Site.
By using this Site, you represent and warrant that you are at least 18 years old, or visiting the Site under the supervision of a responsible parent or guardian.
By using our Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
Our Site is intended to be used to provide an introduction into and information about our private real estate debt fund business, in which we specialize in ground-up commercial and residential financing.
The Site was developed by and for Breville wealth management, and belongs exclusively to Breville wealth management. We reserve the right to withdraw or amend the Site, and any service or Content (as defined herein) provided on the Site, at any time, and at our sole discretion
If you use the Site, and therefore agree to these Terms of Use, on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Use and agree that you are binding both you and that entity or agency to the Terms of Use.
2. Intellectual Property Rights
You understand that: (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress, and all other relevant intellectual property rights, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof, and all relevant and associated intellectual property that are displayed or contained on the Site (the “Content”) are the sole property of Breville wealth management (or, in some cases, are licensed to Breville wealth management). As such, the Content is protected by United States and international copyright, trademark, patent, and other intellectual property, proprietary rights, and unfair competition laws.
All Content is provided solely as a service to Site users. Except per the limited license set forth below and the limited and temporary rights otherwise contained herein, nothing in these Terms of Use shall be construed as conferring to you or any user any right, title, or interest in the Site or the Content.
By accepting the Terms of Use and by using the Site, Breville wealth management grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content.
You may only use the Site and its Content for non-commercial use and the limited uses described otherwise in these Terms of Use. Your limited right to use and view the Site is subject to certain restrictions, which you agree to by using/viewing the Site, as follows:
You may not copy, publish, distribute, display, modify, create derivative works from, sell, license, sublicense, sell, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site without the prior express and specific written permission of a Breville wealth management principal or authorized representative;
You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Site or any portion thereof;
You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or any applicable laws or regulations;
You may not defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information;
You may not restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
You may not express or imply that any statements you make are endorsed by Breville wealth management without Breville wealth management’s prior explicit written consent;
You may not upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Breville wealth management in a prior mutual written agreement);
You may not engage in spamming or flooding;
You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature;
You may not “frame” or “mirror” any portion of the Site or link to any page of or material on the Site other than the Site’s official designation;
You may not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” skim, crawl, or in any way reproduce, glean data from, or circumvent the structure or presentation of the Site;
You may not harvest or collect information about users of the Site without their express consent; and
You may not remove or amend or hide any disclaimers contained in the Site.
Breville wealth management may revoke these limited rights and otherwise modify or further limit the exceptions and restrictions contained herein at any time, without notice, and for any or no reason. Any actions not expressly prohibited here but that are within the spirit or meaning of these enumerated restrictions, are also restricted.
You are responsible for all the activities of all end users who access or use the Site on your device, and you agree to ensure that any such end user will comply with these Terms of Use and all other Breville wealth management policies.
Nothing in this limited license is a transfer of intellectual property, and, as such, Breville wealth management retains all right, title, and interest in and to all intellectual property rights related in and to the Site and its Content, without limitation.
You agree that any information (other than personal information) that you communicate or submit to Breville wealth management, our agencies, designees, and affiliates (which may include suppliers, sponsors, partners, advertisers, distributors/retailers, or authorized representatives in any form) (the “Affiliates”), via our Site, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications, suggestions, photos, text, graphics, sounds, and other materials, is voluntarily submitted, and shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary.
You acknowledge and agree that any submission is entered and transmitted to us at your own election and risk, and that we are not responsible for any loss of such submission, any loss of confidentiality or privacy in connection therewith, or any other loss or liability relating to or arising from any submission (other than as described in our Privacy Policy).
Your submission of such information shall constitute your grant to Breville wealth management and Breville wealth management’s Affiliates of a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, and publicly display and perform such submissions.
Except for the foregoing license, we do not claim ownership of any kind in your submissions. With your submissions, you represent, warrant, and covenant that you own or otherwise possess all necessary rights with respect to such submissions, and that your submissions do not and will not violate any intellectual property or proprietary right of any third party, and are not otherwise unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or objectionable.
Indeed, we and our Affiliates not have any obligations with respect to any submissions, and are free to reproduce, use, disclose, and distribute such information to others without limitation or liability.
You agree that we may (but are not obligated to) do any or all of the following, at our sole discretion: (a) monitor, filter, alter, or delete any submissions (including blocking or replacing expletives or other language that may be considered harmful or offensive), and/or (b) disclose any submissions, and the circumstances surrounding the submission and its transmission, to any third party in order to, among other reasons, operate the Site; to protect ourselves, our Affiliates, and other users; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.
Your use of the Site may require you to register, set up an account, or may otherwise ask you to provide information – which may include personal information – to participate in certain features. You agree that any information that you choose to share is shared voluntarily. You represent and warrant to Breville wealth management that all the information and data provided by you is information you are legally allowed to share, and is accurate and truthful in all respects.
If you are under the age of 18, you may not register or set up an account with Breville wealth management.
If you create an account, you agree to be responsible for: (i) maintaining the confidentiality of your password and other login/security information, and (ii) all activities that occur under the use of your password and other login/security information. You also agree to notify Breville wealth management of any loss and/or unauthorized use of your password or other login/security information. You understand and agree that Breville wealth management is not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with the misuse or loss of your password and/or other login/security information.
If you provide Breville wealth management with your email address during checkout, setup of any account, registration or otherwise, you consent to receive communications and notifications from Breville wealth management electronically (which consent you may always revoke by unsubscribing from such communications).
NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
NEITHER BREVILLE WEALTH MANAGEMENT NOR OUR THIRD-PARTY PROVIDERS MAKE ANY REPRESENTATIVES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR CONTENT, OR ANY FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE CONTENT ON THE SITE OR ON ANY SITES LINKED ON THE SITE. THE CONTENT SHOULD NOT BE USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING OTHER PRIMARY, EXPERT, OR MORE TIMELY SOURCES OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE, OR WITH RESPECT TO ANY SUBMISSION OF INFORMATION, IS AT YOUR SOLE RISK.
WHILE BREVILLE WEALTH MANAGEMENT TAKES ALL REASONABLE AND APPROPRIATE MEASURES TO PROTECT YOU, WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY THERETO.
WE RESERVE ALL RIGHT TO SEEK ANY AND ALL LEGAL AND EQUITABLE REMEDIES AVAILABLE TO ENFORCE THESE TERMS OF USE AND/OR TO ADDRESS ACTIONS FOR DAMAGES ARISING FROM THESE TERMS OF USE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR ANY DISPUTE WITH US RELATED TO ANY USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN THE EVENT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE IS DEEMED PERMISSIBLE NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREIN, YOU AGREE THAT SUCH CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
CERTAIN STATE LAWS AND JURISDICTIONS LIMIT THESE LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS/EXCLUSIONS OF DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS THAN AS LIMITED HEREIN. REGARDLESS OF WHETHER YOUR STATE OR JURISDICTION LIMITS ANY PORTION OF THIS SECTION OF THE TERMS OF USE, THIS SECTION AND THE REST OF THE TERMS OF USE SHALL REMAIN FULLY APPLICABLE TO THE FULLEST EXTENT POSSIBLE IN LIGHT OF SUCH STATE OR JURISDICTIONAL LIMITS.
YOU WILL, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INDEMNIFY AND HOLD HARMLESS BREVILLE WEALTH MANAGEMENT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD-PARTY PROVIDERS AND BREVILLE WEALTH MANAGEMENT’S AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD PARTY PROVIDERS (TOGETHER, THE “BREVILLE WEALTH MANAGEMENT INDEMNITEES”), ON DEMAND, FROM AND AGAINST ANY AND ALL CLAIMS, FINES, LIABILITIES, LOSSES, AND OTHER DAMAGES (INCLUDING REASONABLE COSTS AND ATTORNEYS’ AND EXPERTS’ FEES) INCURRED BY ANY OF THE BREVILLE WEALTH MANAGEMENT INDEMNITEES, AND SHALL DEFEND THE BREVILLE WEALTH MANAGEMENT INDEMNITEES AGAINST (I) ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING THAT ANY SUBMISSIONS OR INFORMATION YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE SITE THAT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHT OR PROPRIETARY RIGHT OF A THIRD PARTY; (II) ALL CLAIMS ARISING OUT OF OR RELATING TO FRAUD, INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE, COMMITTED BY YOU AND RELATED TO YOUR USE OF THIS SITE; AND (III) ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR FAILURE TO COMPLY WITH, OR ANY BREACH COMMITTED BY YOU, OF ANY PROVISION OF THE TERMS OF USE.
THIS INDEMNIFICATION PROVISION DOES NOT APPLY TO INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF THE BREVILLE WEALTH MANAGEMENT INDEMNITEES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREVILLE WEALTH MANAGEMENT OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AFFILIATES, SERVICE-PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS PF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR LOSS OF LIFE, LIMB, OR LOSSES DUE TO BODILY HARM OR PROPERTY, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE AND THE SERVICE, EVEN IF SHALL BREVILLE WEALTH MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, BY USING THE SITE, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY CLAIM AGAINST THE BREVILLE WEALTH MANAGEMENT INDEMNITEES, AND RELEASE THE BREVILLE WEALTH MANAGEMENT INDEMNITEES FROM ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM: (A) USE OF THE SITE; (B) ANY CONTENT OR FUNCTIONALITY INCLUDED OR MADE AVAILABLE THROUGH THE SITE; (C) ANY ACTIONS BREVILLE WEALTH MANAGEMENT TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; OR (D) ANY DELAY OR INABILITY TO USE THE SITE. YOUR WAIVER WAIVES CLAIMS FOR ANY AND ALL DAMAGES UNDER ANY APPLICABLE, RELEVANT, OR ALLEGED LEGAL THEORY (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT LAW), EVEN IF WE HAVE BEEN PRE-ADVISED OF THE POSSIBILITY OF DAMAGES (INCLUDING ACTUAL, PUNITIVE, OR CONSEQUENTIAL).
We have not reviewed all of the sites linked to our Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Breville wealth management of the site. Use of any such linked website is at the user’s own risk.
We may revise these Terms of Use at any time without notice. By using our Site, you are agreeing to be bound by the most current version of these Terms of Use.
Use of our Site also subjects you to our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use by reference.
If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you or your agent may send us a written notice, via our “Contact Us” page, requesting that the material be removed or access to it blocked. The notice must include the following:
A physical/electronic signature of the owner of the allegedly infringed exclusive right or his/her authorized representative;
Clear identification of the original/an authorized copy of the copyrighted work’s location;
Clear identification of the material that is claimed to be infringing;
Sufficient and current contact information of the alleged copyright owner or owner’s agent;
A statement of your good faith belief (and the basis for such belief) that our use of the material is not authorized by the copyright owner, his/her agent, or the law; and
A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.
These Terms of Use shall be governed by and construed in accordance with the laws, rules, and regulations of the State of California without giving effect to any choice-of-law provision or rule otherwise. By using this Site, you irrevocably submit to the exclusive jurisdiction of the courts in California.
If the Site or your use of it is in any way contrary to the laws of the place from which you are accessing the Site, you agree that Breville wealth management has no responsibility for such use. You are solely responsible for understanding the legal limitations of your use of the Site in any jurisdiction outside of the United States, and you are responsible for discontinuing your use of the Site in such jurisdiction if your use contradicts that jurisdictions laws and regulations.
Notwithstanding the above, all disputes shall be resolved through arbitration. Any claim or dispute arising from these Terms of Use or your use of Breville wealth management and our Site must be noticed for arbitration within one year of when such claim or dispute could have first been filed, or be permanently barred. The American Arbitration Association (“AAA”) will conduct the arbitration under its Commercial Arbitration Rules. The venue for any such arbitration shall be Los Angeles County, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Terms of Use govern your use of the Site, including the submission of all data, information, and other materials (whether tangible or intangible, and including personal information) through the Site.
The Terms of Use constitute the entire agreement between you and Breville wealth management with respect to your use of the Site and all matters addressed in the Terms of Use. These Terms of Use supersede any other agreement that may exist between you and Breville wealth management, with the exception of, where applicable, our Privacy Policy and other subject-specific policies.
Any failure by Breville wealth management to enforce any provision in these Terms of Use will not be construed as a waiver of such provision or any other provision herein.
No waiver from these Terms of Use will be binding upon Breville wealth management unless in writing and signed by an authorized representative of Breville wealth management. Any such waiver will only be valid as to the particular instance referred to in the waiver.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect, and such invalid provision, to the maximum extent permitted by law, and to the maximum extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use.
Headings used in the Terms of Use are for reference and organizational purposes only, and do not otherwise have any significance or limitations with respect to interpreting these Terms of Use.
Throughout these Terms of Use, words such as “including” and “for example” mean “without limitation.”
If you have any questions or complaints regarding the Terms of Use, please get in touch by contacting us at:
info@brevillewealthmanagement.com
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