Secure Portal Agreement

This User Portal Agreement (“Agreement”) is made by and between Experiential Wealth, Inc. (“Experiential Wealth”) and the registered user effective on the date the site registration is completed with the following terms and conditions:

Purpose

Experiential Wealth provides a voluntary Secure Portal (secure internet site) through DC Web Design to permit easy and secure electronic transfer of documents between users and Experiential Wealth as well as ongoing user access to certain documents (may include confidential documents) created or maintained by Experiential Wealth. Experiential Wealth has sole discretion to decide which types of documents can be uploaded or viewed on the Secure Portal.

Acceptance of Terms of Use

The Secure Portal is offered conditioned upon your acceptance of the terms, conditions, and notices contained herein. By using the Secure Portal you agree to these terms and conditions. Experiential Wealth may modify, suspend, discontinue or restrict the use of any portion of the Secure Portal, including the availability of any portion of the content at any time, without notice or liability.

Description of Service

The Secure Portal provides authorized users with access to personal and confidential information displayed on the portal for deliveries of documents and communications for their account only. The information, data, documents, and communications on the unsecured or general portion of the portal are provided as a convenient resource to the public and may be used for informational purposes only. The information contained on the unsecured portion of the site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.

The Secured Portal provides the ability for two way communication between you and Experiential Wealth and serves exclusively as a secure environment to transmit documents back and forth. Deliverables and other documents being transmitted from Experiential Wealth to you or documents and information and data of any kind uploaded by you to Experiential Wealth will only remain on the Secured Portal for a limited period and it is in Experiential Wealth’s sole discretion to delete, remove or expunge of all or a portion thereof without prior notice to the user.

Service Availability

Experiential Wealth will use its best efforts to provide 24 hour daily availability of the Secure Portal. However, Experiential Wealth makes no representation or warranty that 24 hour service will always be available. You agree and acknowledge that the Secure Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. Experiential Wealth shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or destruction to the Secure Portal. Experiential Wealth is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by Experiential Wealth on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials in from the Secure Portal.

User Password and Security

Using the Secured Portal requires the use of a user name and password. The confidentiality of the user name, password and account itself are the responsibility of the user. Any activities that occur under users’ accounts are their responsibility. You agree to notify Experiential Wealth immediately of any unauthorized use of accounts or any other breach of security. The use of another person’s username and password is expressly prohibited.
You acknowledge that the use of username and password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining strict confidentiality of your user name and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Experiential Wealth in writing of any need to deactivate a username due to security concerns or otherwise.

Experiential Wealth is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Secure Portal using your username or password. You shall immediately notify Experiential Wealth of any unauthorized use of your username or password and any breach of confidentiality. Until Experiential Wealth receives this notification from you, you will be held liable for any harm ensuing from the use of your username on the Secure Portal.

Experiential Wealth will use its best efforts to make the Secure Portal secure from unauthorized access. The Secure Portal will require industry standard 128bit encryption on all communications between your device and the Secure Portal server. The Secure Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised.

Termination of Logon Account

You agree to notify Experiential Wealth immediately when your account is to be terminated. Experiential Wealth will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from Experiential Wealth.

Icons, Logos, and Other Proprietary Material

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the portal are registered and common law trademarks of this firm. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission from Experiential Wealth. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited.

You should assume that everything you see or read on the portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the portal without the written permission of Experiential Wealth or its suppliers.

Changes to Terms and Conditions of Use

Experiential Wealth reserves the right to modify the terms, conditions, and notices under which the portal is offered. Your continued use of the Secure Portal after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes.

Confidentiality, Information Protection, and Protection of Data

Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Experiential Wealth, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you or your authorized employees and to indemnify and hold harmless Experiential Wealth and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from your or your employees’ use of the portal or because of violation of these terms and conditions of use.

No Unlawful or Prohibited Use

You are prohibited from using the portal to damage, disable, or overburden Experiential Wealth’s servers or network or impair the portal or interfere with any other party’s use of the portal. Hacking, password mining, or any other means to gain unauthorized access to the portal, portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Experiential Wealth will fully cooperate with any law enforcement authorities or court order requesting or directing this firm to disclose the identity of anyone posting any such information and materials.

Miscellaneous

This is the entire agreement between Experiential Wealth and you regarding this subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between Experiential Wealth and you and/or your organization/employer.

Term and Termination

This Agreement and the services contemplated by it may be terminated by Experiential Wealth without notice to you at any time. Experiential Wealth may at any time terminate in whole or in part the Secure Portal without notice or liability.

Acceptance

By completing the site registration, you hereby acknowledge that you have read the Terms and Conditions portion of this document and that you agree to these terms and conditions. This Agreement does not modify or affect any existing or future engagement letter or agreement between you and Experiential Wealth.