Catalyst, powered by FWA Web
Terms & Conditions
 

Restrictions on Use and Ownership. All services provided through this website and all pages and information within this website, including the Portal (as defined below), provider listings, forms, materials, content, and any information made available for access or download (collectively, the “Site”) are the property of Family Wealth Alliance, Inc. (“FWA,” “us,” “we,” or “our”) and/or its subsidiaries, affiliates, vendors, and licensors. We grant you a nonexclusive, non-transferable license to use the Site solely for your internal business use in connection with Catalyst, powered by FWA (“Catalyst”). As a condition of your use of this Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of FWA, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. You may not use these materials on any other website or networked computer environment for any purpose.

All trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of FWA or their respective owners.

You may not use automated systems (e.g., robots, crawlers, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by FWA and/or its vendors and licensors.

We may, in our sole discretion and without prior notice, modify the Site, remove or alter functionality, or cease provision of the Site at any time. 

Copies of These Terms; Updates. You may print a copy of these Terms using the print feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms at any time, and by your continued use of the Site agree to be bound by future revisions. If you do not agree to the revisions, you must cease use of the Site. It is your responsibility to periodically visit the “Terms & Conditions” link at the bottom of our home page to review the most current version of the Terms. You may use your browser to print copies of any updated Terms.

Further Restrictions. You may not and will not allow any third party to:  (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Site, except to the extent expressly permitted by applicable law; (ii) use the Site to develop a competing product or service; (iii) use the Site for any purpose for which it was not designed or inconsistent with any online documentation we provide; (iv) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Site, or any other products or materials made available through the Site; or (v) use screen capture or other tools to record or download video content from the Site.

No Redistribution. You may not download or otherwise make available any content or information made available on the Site to any third party. The Site and the information and content therein are intended solely for your internal use only.

Subscription and Access to the Portal; Account Registration; Fees; Order of Precedence. In connection with and as part of the Site, FWA provides a portal through which subscribers may access Catalyst-related content, provider listings, service request functionality, and related resources (the “Portal”). Access to the Portal requires a subscription, the payment of applicable fees, and the registration and establishment of an account (the “Account”). Subscription information, including fees, term, renewal, and subscription services, is set forth in your Subscriber Agreement and any applicable exhibit renewal materials. You may also be required to accept additional terms in connection with your subscription and use of the Portal. These Terms govern your access to and use of the Site and Portal. Your Subscriber Agreement governs your subscription services, fees, term, renewal, and any other express contractual rights and obligations between you and FWA. Any separate provider participation agreement governs a Provider’s participation in Catalyst. In the event of a direct conflict regarding the same subject matter, the expressly negotiated terms of the applicable Subscriber Agreement or provider participation agreement will control over these Terms; otherwise, these Terms continue to apply to Site and Portal use. By becoming a subscriber and registering, you represent: (a) that you are 18 years of age or over; (b) if you are registering on behalf of your employer or other legal entity, that you have authority to enter into contracts on its behalf; and (c) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. FWA may accept or reject subscription requests in FWA’s sole discretion and may revoke subscriptions and Accounts at any time, without cause or prior notice. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password in connection with your Account. You will notify FWA immediately of any unauthorized use of your username or password and will, for security reasons, make sure that you exit from any activities on the Site at the end of each of your uses of the Site. FWA conclusively presumes that communications received from you through any Account you have created on the Site, as well as any orders submitted via the Site in your name, are accurate, complete, and authorized by you or the person or entity on whose behalf you place the order. You agree not to contest the validity and binding legal effect of those communications.

Payments. You may purchase subscriptions. online. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, FWA may obtain preapproval for an amount up to the amount of the payment. If a surcharge or other payment processing charge applies, it will be disclosed as required by applicable law before the transaction is completed. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. Order processing will not occur until authorized. You represent and warrant that if you are making online payments that: (i) any credit card, debit card and bank account information you supply is true, correct, complete, and lawful; (ii) charges incurred by you will be honored by your credit/debit card issuer or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued or you are otherwise authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Your Content and Obligations. You may provide information to FWA through the Site or Portal, including registration information, service requests, survey responses, feedback, communications, documents, data, or other materials submitted by you or on your behalf (“Content”). You grant FWA a non-exclusive, worldwide, royalty-free license to use your Content solely as reasonably necessary to operate, administer, maintain, improve, and provide the Site, Portal, Catalyst, and related services, and to comply with applicable law. You represent that you have all right, title, and authority necessary to provide your Content to FWA and grant the rights described in these Terms. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. FWA may, but is not obligated to, monitor or review Content submitted through the Site or Portal and may remove or restrict access to Content in its sole discretion, without notice, if FWA determines that the Content is abusive, defamatory, obscene, illegal, misleading, infringing, or otherwise inappropriate.

Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Site and our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, world-wide, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of our products and services.

Your Indemnity. At FWA’s option and request, you will, at your own expense, indemnify, defend, and hold FWA and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, fines, sanctions, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) based on or caused by unauthorized access to the Site through your account, (b) based on your actual or alleged breach of these Terms, (c) based on your violation of any applicable law or regulation of any jurisdiction, or (d) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without FWA's prior written consent.  

Acceptable Use. You may not use the Site to:

• Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, derogatory, vulgar, obscene, libelous, invasive of another's privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or create a false persona;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
• Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user's usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
• Harvest screen names for any purpose;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
• Upload, post, e-mail, distribute, deliver or otherwise transmit any bulk or unsolicited or unauthorized commercial e-mail, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

In our sole discretion and without notice, we may remove any content or other materials that violates or may violate the foregoing. We may also suspend or terminate your access to the Site.

Infringement Notices. As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site: 

Family Wealth Alliance, Inc.
150 South Wacker Dr., 12th Floor
Chicago, IL 60606

312-248-8820
info@fwacatalyst.com

If you believe content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy. Please review FWA’s Privacy Policy located at: https://fwacatalyst.com/privacy-policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information. You may modify certain privacy-related settings for the Site through the Account management tools made available to you.

Children under 12 years of age

FWA has zero tolerance for child sexual abuse and exploitation (CSAE) and strictly prohibits any content or behaviour that endangers minors, including child sexual abuse material (CSAM), grooming, sexualization of minors, sextortion, trafficking, and any other predatory interaction with children. Users may not create, upload, share, or distribute such content, and we also do not allow material that targets or appeals to children while containing adult themes, excessive violence, dangerous activities, or content promoting negative body image. Users can report concerns directly in the app, and we review all reports promptly. When we become aware of CSAM, we remove it, take action against the accounts involved, and report it to the National Center for Missing & Exploited Children (NCMEC) or the relevant regional authority, in line with applicable child safety laws. For child safety questions or notifications, feel free to email us at fwa_admin@fwalliance.com. If you believe a child is in immediate danger, please contact your local law enforcement.
 

No Scraping, Data Harvesting, or AI Training. You may not scrape, crawl, harvest, extract, copy, compile, download, monitor, or otherwise collect Site or Portal content, provider information, user information, or FWA confidential information through automated or manual means except as expressly permitted by FWA in writing. You may not use any Site or Portal content, provider information, user information, FWA confidential information, or other materials made available through Catalyst for machine learning, artificial intelligence model training, algorithm development or improvement, benchmarking, data enrichment, data aggregation, labeling, profiling, or similar activities without FWA’s prior written consent.

Warranty Disclaimer. THIS SITE AND ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FWA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OUR OBLIGATIONS UNDER THESE TERMS.

THE SITE AND INFORMATION PROVIDED THROUGH IT ARE NOT INTENDED TO RENDER FINANCIAL, INVESTMENT, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE APPROPRIATENESS OF THE SITE, THE INFORMATION MADE AVAILABLE THROUGH THE SITE, AND ANY PROVIDER PRODUCTS OR SERVICES FOR YOUR INTENDED USES AND FOR ANY DECISIONS MADE BASED ON THE SITE, THE INFORMATION, OR ANY PROVIDER PRODUCTS OR SERVICES.

Limitation of Liability. THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, AND DATA ARE PROVIDED AS A CONVENIENCE TO YOU. FWA AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE EXCLUSIVE LIABILITY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Location Services. Certain location-enabled functionality made available in the Site is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

Third-Party Speakers and Content. Through the Site, we may make available various live or recorded presentations, including those by third-party speakers. In addition, we may make content created by third parties available. The comments and opinions of the third-party speakers and any third-party content may not reflect the opinions of FWA. Those comments and content solely represent the opinions of the third-party authors.

Accuracy and Integrity of Information. Although FWA attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness, completeness, reliability, timeliness, or accuracy of the Site or any information made available through it. It is possible that the Site and information could include typographical errors, inaccuracies, omissions, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FWA so that it can be reviewed. Information contained on the Site may be changed or updated without notice. FWA reserves the right to unilaterally correct any inaccuracies on the Site without notice. FWA shall have no responsibility or liability for information, products, services, or Content posted to or made available through the Site by any non-FWA affiliated third party.

Links or Pointers to Other Sites. FWA makes no representations whatsoever about any other website that you may access through this Site. When you access a non-FWA site, please understand that it is independent from FWA, and that FWA has no control over the content on that website. In addition, a hyperlink to a non-FWA website does not mean that FWA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Catalyst Providers and Third-Party Services. As part of Catalyst, the Site or Portal may include information about third-party service providers that have agreed to participate in Catalyst (“Providers”). Providers are independent third parties and are not agents, employees, representatives, contractors, affiliates, or personnel of FWA. Some Providers may offer incentives, discounts, or other terms to subscribers. FWA does not control, supervise, monitor, endorse, recommend, warrant, or guarantee any Provider or any Provider’s products, subscribers services, advice, materials, website, security practices, privacy practices, fees, performance, referrals, recommendations, or outcomes. Any agreement, transaction, engagement, subscription, purchase, service request, or other arrangement between you and a Provider is solely between you and that Provider. FWA is not a party to, and has no responsibility or liability under, any such arrangement. You are solely responsible for conducting your own due diligence and determining whether any Provider or Provider product or service is appropriate for your needs. Your sole remedies with respect to any Provider products or services are against the applicable Provider and are governed by your agreement with that Provider, if any. You waive any and all claims you may have, now or in the future, known or unknown, against FWA and its parent, subsidiaries, and affiliated entities arising out of or relating to Providers, provider referrals, provider listings, provider recommendations, or the products or services offered by Providers.

Export, Import and Other Regulations. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that you will not export or import any Site content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Choice of Law and Venue. The interpretation and enforcement of these Terms will be governed by the law of the State of Texas, without giving effect to applicable conflict of law principles. The parties agree that all actions or proceedings arising in connection with these Terms will be tried and litigated exclusively in the state or federal courts of competent jurisdiction located in Westlake, Texas. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in this paragraph. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or theory or to object to venue with respect to any proceeding brought in accordance with this paragraph.

Entire Agreement. These Terms, as may be amended from time-to-time by FWA, constitute the entire agreement between FWA and you pertaining to the subject matter hereof.  Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.