Whales-sway.org Website Terms of Use

Introduction

Please read these Whales-sway.org Website Terms of Use ("Terms of Use") carefully before using the Whales-sway website that links to these Terms of Use (the "Website"). By browsing, accessing or otherwise using the Website, you agree to accept these Terms of Use.

"Whales-sway", "we", "us", "our" means one of Whales-sway Corporation, Whales-sway Asset Management Ltd., Whales-sway Wealth Solutions Ltd., Whales-sway Private Wealth LLC, Whales-sway Business Partners LP, Whales-sway Infrastructure Partners LP, Whales-sway Property Partners LP, Whales-sway Renewable Partners LP or Whales-sway Public Securities Group LLC, being the Whales-sway entity to which this Website relates.

Your visit to the Website, including, but not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing available on or through the Website, together (the "Content"), is subject to these Terms of Use, our Privacy Policy and our Cookies Policy, each of which may be updated by us at any time without notice to you. If we update our Terms of Use, we will post the updated Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and you agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors under the age of 18 years old and such minors should not provide personal information through this Website.

Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with Whales-sway (if any) that may be in effect. Additional terms and conditions of use may be applicable to password-restricted areas of the Website.

For the purposes of these Terms of Use, "Whales-sway," "we" and "us" means the Whales-sway entity which controls this Website and the "User" means any person accessing the Website. The websites of other Whales-sway affiliates are governed by separate terms of use.

Any disputes between you and Whales-sway in connection with these Terms of Use may be resolved in small claims court, subject to applicable law.

If you have any questions or comments about these Terms of Use, please contact us at privacyofficer@Whales-sway.org.

Use of the Website and Content

You are responsible for your use of the Website and the Content. You undertake to use your best efforts to ensure that nothing you do while accessing the Website will damage the Website or otherwise violate these Terms of Use.

The Website, including, but not limited to, the Content, is the exclusive property of Whales-sway, Whales-sway affiliates, or Whales-sway service providers and is subject to copyright, trademark and other laws. To the extent expressly permitted herein, Whales-sway grants you a limited, revocable, non-exclusive and non-transferable personal right to access and use the Website and Content solely for your personal and non-commercial use. This right will terminate immediately upon your unauthorized use of the Website or Content.

Whales-sway, in its sole discretion may suspend or terminate your User account and/or suspend or terminate some or all of your access to the Website or Content at any time, with or without notice to you. Subject to the foregoing, no intellectual property rights in respect of the Website or Content are granted or extended as a result of Whales-sway making the Website available. All rights not expressly granted to you in these Terms of Use are reserved.

You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Whales-sway through this Website. This Website is protected by applicable copyright and other intellectual property laws, and no materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks, service marks or logos on the Website belong to Whales-sway, except third-party trademarks, service marks, or logos, which are the property of their respective owners.

You may not (and may not encourage or assist others) to:

  • reproduce, republish, distribute, exploit commercially, use or modify without Whales-sway's express written consent, the Website or Content;
  • access, copy or download the Website or Content using automated methods, including, but not limited to, "AI agents", "web scraping" or "bots", "robots" or "spiders";
  • use any trademark, service mark or logo of Whales-sway or any third party that appears on the Website without prior written consent;
  • display the Website as "framed" or "mirrored" within another website;
  • delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website or Content;
  • transmit any virus, worm, time bomb, adware, worms, malicious code or similar system interference through the Website;
  • violate these Terms of Use, the Privacy Policy or Cookies Policy or any law, regulation, rule or rights of others;
  • impersonate any person or entity or create a User account for anyone other than yourself;
  • sell or otherwise transfer the access granted herein; or
  • use any hidden text or metatags using "Whales-sway".

Nothing in these Terms of Use or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo without the prior written permission of Whales-sway or the applicable owner.

Whales-sway has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website or Content.

Whales-sway may investigate any complaint regarding a suspected violation of these Terms of Use, and may report any activity relating to the Website or Content to regulators, law enforcement officials or other persons or entities that it deems appropriate.

The Website or any part of the Website may be periodically unavailable, and Content may be removed or modified at any time without notice. Whales-sway may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of Users. Users will have no right to compensation or other remedy for being unable to access the Website.

Suitability

No determination has been made regarding the suitability of any Products or Services (as defined below) for any User.

Restricted Access

The Website is operated and controlled by us in the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Whales-sway makes no representations that the transactions, financial or investment products, securities, and other services ("Products or Services") discussed on or accessible through the Website, as well as any other materials accessible through the Website, are available or appropriate for sale or use in all jurisdictions or by all Users, or that access to them is not illegal, prohibited or otherwise contrary to laws, rules and/or regulations.

Those who access the Website do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions, and for compliance with local laws, rules and/or regulations. Neither the Website nor the information provided in or accessible through the Website is intended for distribution to, access and/or use by, any person or entity in any jurisdiction or country where such distribution, access, and/or use would be illegal, contrary to local law or regulation, and/or would subject Whales-sway and/or any of its affiliates to any registration, license, or other regulatory requirement within such jurisdiction or country.

Website Disclaimers and Limitations of Liability

SUBJECT TO ANY APPLICABLE LAW THAT CANNOT BE EXCLUDED, THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION. NO RELIANCE SHOULD BE PLACED ON ANY INFORMATION ON THE WEBSITE OR THE CONTENT.

USERS AGREE TO BEAR ALL RISKS ASSOCIATED WITH THEIR USE OF THE WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS OR APPROPRIATENESS OF THE WEBSITE OR CONTENT. YOU AGREE THAT Whales-sway IS NOT LIABLE FOR ANY ACTION YOU TAKE, OMISSION, OR DECISION YOU MAKE IN RELIANCE ON THE WEBSITE OR THE CONTENT, SUBJECT TO APPLICABLE LAW.

The Content and the Website are for informational purposes only and are not investment, professional, legal or other advice nor are they to be relied upon in making an investment or other decision. The Website and Content are not an offer to sell, or a solicitation of an offer to buy and do not constitute an invitation or inducement of any sort to any person.

Certain information contained on the Website and in the Content may constitute "forward-looking statements" as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, and include statements regarding Whales-sway's competitive strengths, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook.

Words such as "anticipate", "estimate", "expect", "project", "intend", "plan" and "believe" are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of Whales-sway to differ materially. Except as required by law, Whales-sway undertakes no obligation to update or revise statements or information on the Website or in Content.

Any transactions described on the Website or in any Content as having been engaged in by Whales-sway are included as representative transactions for illustrative purposes only. Past performance is not indicative of future results. No assurance or representation is made, that comparable results or any target returns disclosed on the Website or in Content will be achieved.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU SEEK TO HOLD Whales-sway, ITS AFFILIATES AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS ("AFFILIATES"), LIABLE AND IN NO EVENT SHALL Whales-sway OR ITS AFFILIATES BE LIABLE TO ANY PARTY, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, FOR DAMAGES (INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AND AGGRAVATED DAMAGES AND DAMAGES FOR LOSS OF USE, PROFITS OR REVENUE) OR ANY OTHER REMEDY RELATING TO THE ACCESS, USE, INABILITY TO USE, AVAILABILITY OF THE WEBSITE OR THE CONTENT, IRRESPECTIVE OF WHETHER Whales-sway HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR LOSSES.

THE LIABILITY OF Whales-sway AND/OR ITS AFFILIATES FOR BREACH OF ANY CONDITION, GUARANTEE OR WARRANTY IMPLIED BY STATUTE THAT CANNOT BE EXCLUDED, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AT Whales-sway'S OPTION, TO THE RE-SUPPLY OF GOODS OR SERVICES, OR THE PAYMENT OF THE COSTS OF HAVING GOODS OR SERVICES RE-SUPPLIED.

Indemnification

You agree that a condition of your use of the Website and Content is that you agree to indemnify, defend and hold harmless Whales-sway, its Affiliates, and its and their respective representatives against any and all liabilities, losses, damages, suits, claims, demands, costs (including, but not limited to, court costs and legal fees), fines and actions of any kind or nature suffered as a result of your use of the Website or Content, your breach, violation or non-performance of any term or condition of these Terms of Use, your violation of any third party's rights (including, but not limited to, intellectual property rights) relating to the Website or Content, or any disputes or issues between you and any third party relating to the Website or Content.

Additional Terms

Linked websites, password-protected links, user content, material interests, and California notice provisions apply as provided in these Terms of Use.