Terms & Conditions
Introduction
van Wagenen Financial Services, Inc. (van Wagenen), maintains vanwagenen.com and its related sites (collectively the van Wagenen Site) for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, and otherwise use the van Wagenen Site. Please remember that your access to the van Wagenen Site is subject to the following rules (the Rules) as well as all applicable laws. By accessing and using the van Wagenen Site, you accept and agree to the Rules without limitation or qualification, and acknowledge that any other agreements you may have with van Wagenen are superseded by the Rules, to the extent any conflicts exist. If you do not agree with the Rules, please do not use the van Wagenen Site.
van Wagenen may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time.
In addition, please note that the van Wagenen Site has a privacy policy that applies specifically to it. When visiting websites from other countries or regions, other websites that are owned or operated by van Wagenen, you should review the privacy policy for each specific site, as each may contain different terms.
Use of the van Wagenen Site
Access to and use of the van Wagenen site is subject to all applicable international, federal, state, and local laws and regulations. Unless otherwise specifically indicated, you may download material displayed on the van Wagenen Site for personal and commercial use. You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the content or material displayed on the van Wagenen Site for any public or commercial purpose without the written consent of van Wagenen. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the van Wagenen Site you make and distribute for any purpose must also include these Rules. You may not access or use the van Wagenen Site in any way that could or is intended to damage or impair the van Wagenen Site, or any server network underlying the van Wagenen Site, or interfere with anyone else’s use and enjoyment of the van Wagenen Site.
Copyrights and Other Proprietary Rights
You should assume that everything on the van Wagenen Site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of van Wagenen. van Wagenen neither warrants nor represents that your use of the material displayed on the van Wagenen Site will not infringe rights of third parties. Any product, service, program, or technology described on the van Wagenen Site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by van Wagenen or its parent company. Any such right that is not expressly licensed herein is reserved by van Wagenen.
Images of people or places displayed on the van Wagenen Site are either the property of, or used with permission by, van Wagenen. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the van Wagenen Site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Any product, service, program, or technology described in any document published by van Wagenen on the van Wagenen Site may be the subject of other intellectual property rights owned by van Wagenen. Any such right that is not expressly licensed hereunder is reserved by van Wagenen.
The trademarks and copyrights not attributed to van Wagenen are the property of their respective owners.
Trademarks and Brand Names
The trademarks, logos, and service marks, whether registered or unregistered (collectively the Trademarks) displayed on the van Wagenen Site are Trademarks of van Wagenen and others. Nothing contained on the van Wagenen Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the van Wagenen Site without the written permission of van Wagenen or such third party that may own the Trademark. Misuse of any Trademarks, or any other content displayed on the van Wagenen Site is prohibited. van Wagenen aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
Submissions
Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the van Wagenen Site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, is and will be treated as non-confidential and non-proprietary unless otherwise stated in the Privacy Policy.
Anything you send to the van Wagenen Site may be used by van Wagenen for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to the van Wagenen Site, you irrevocably transfer and assign to van Wagenen, and forever waive and agree never to assert, any copyrights, moral rights, or other rights that you may have in such material. van Wagenen is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the van Wagenen Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services.
By using the van Wagenen Site, you may submit, or van Wagenen may gather, certain limited information about you and your usage of the van Wagenen Site. Subject to the terms of the Privacy Policy, van Wagenen is free to use such information for any purpose it deems appropriate.
No Warranties
The information and services provided or referenced on the van Wagenen Site are provided as is, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user. This means that although van Wagenen uses reasonable efforts to include accurate and up-to-date information on the van Wagenen Site, van Wagenen makes no warranties or representations as to its accuracy. van Wagenen makes no warranty, either express or implied, that any information or service provided or referenced by the van Wagenen Site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. van Wagenen may periodically add, change, or improve any of the information, products,
services, programs, and technology described on the van Wagenen Site without notice. van Wagenen assumes no liability or responsibility for any errors or omissions in the content on the van Wagenen Site.
Limitation of Liability
Your use of the van Wagenen Site is at your own risk. To the maximum extent allowed by law, neither van Wagenen nor any other party involved in creating, producing, or delivering the van Wagenen Site, will be liable for any direct, indirect, incidental, consequential, or punitive damages (including, but without limitation, lost profits, cost of procuring substitute service or lost opportunity), however caused, arising out of your access to, use of, or reliance on the van Wagenen Site, even if van Wagenen has been advised of the possibility of such damages. Without limiting the foregoing, van Wagenen assumes no responsibility for, and will not be liable for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the van Wagenen Site. van Wagenen cannot and does not guarantee continuous, uninterrupted, or secure access to the van Wagenen Site.
Links
van Wagenen has not reviewed all of the sites which are linked to the van Wagenen Site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. van Wagenen is not responsible for the content of any site linked to the van Wagenen Site. Your connection to and use of any such linked site is at your own risk.
Termination
van Wagenen reserves the right to deny use of all or part of the van Wagenen Site to any user for any reason without notification. van Wagenen may, in its sole discretion and at any time, modify or terminate the van Wagenen Site and remove or refuse to post any information, content, or materials.
Framing and In-lining
You shall not frame or in-line (framing without a border around the framed content) this Site, meaning that you will not display the contents of this Site on another web page without van Wagenen’s express permission.
Additional Legal Information
The Rules will be governed by and construed under the laws of the State of Minnesota, excluding only its conflict of law provisions. Each user of the van Wagenen Site hereby submits to the exclusive jurisdiction of the courts within the State of Minnesota and waives any jurisdictional venue or inconvenient forum objections to such courts.
Any failure by van Wagenen to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right(s). If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, van Wagenen, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.
You agree to follow any applicable laws in your use of the van Wagenen Site. Among other things, United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by
electronic transmission or otherwise, any content or software from the van Wagenen Site to or from any countries or foreign nationals in violation of such laws or regulations.
Please note that the van Wagenen Site is operated by van Wagenen Financial Services, Inc., and not the various sub-agents that may be selling the products and services offered by van Wagenen.
Please also read the van Wagenen Site Privacy Policy which is part of the Rules. If you have any questions, comments, criticisms, or complaints about the van Wagenen Site, please feel free to email us.