Effective Date: July 20, 2022
THE AGREEMENT: Boracchia Wiviott Wealth Partners, LLC agrees to follow the jurisdictions required by our many licenses. If ever a question arises we work hard to follow the rules and agree to make decisions this way while using foremost civil rights.
The parties referred to in this Agreement shall be defined as follows:
a) Company, us, we: Boracchia Wiviott Wealth Partners LLC, or any of its aforementioned marketing names including but not limited to Investing Profits, Financial Plans or My Best Lifestyle Pros, as the creator, operator, and publisher of BWWP LLC, makes BWWP LLC, and certain Services on it, available to its users. Boracchia Wiviott Wealth Partners LLC, Company, us, we, our, ours and other first-person pronouns will refer to Boracchia Wiviott Wealth Partners LLC, as well as team members and affiliates of Boracchia Wiviott Wealth Partners LLC.
b) You, the User: You, as a passive or active visitor to BWWP LLC or as a User of any of the BWWP LLC Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, client or as user.
c) Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as “Parties.”
By using BWWP LLC, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the BWWP LLC website and cease any use of the BWWP LLC Services. The Company only agrees to provide use of BWWP LLC and the Services to you if you assent to this Agreement.
You must be at least 18 (eighteen) years of age to use BWWP LLC or any Services contained herein. By using BWWP LLC, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with BWWP LLC. We disclaim any liability for any misrepresentation of your or any other user’s age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using BWWP LLC under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.
Boracchia Wiviott Wealth Partners, LLC is a registered investment adviser and is authorized to effect insurance services as well. Boracchia Wiviott Wealth Partners, LLC may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. You must be in a jurisdiction we are able to do business in to use BWWP LLC or any Services contained herein. By using BWWP LLC, you represent and warrant that you are in a state we do business in and may legally enter into a binding contract with BWWP LLC and Services. We disclaim any liability for any misrepresentation of your or any other user’s location. The Company assumes no responsibility or liability for any misrepresentation of your location.
BWWP LLC is an online platform and person-to-person service which provides financial planning, investment and wealth management assistance. Through your use of BWWP LLC, you acknowledge and agree that information and documents provided herein are simply that, information, and should not be considered legal advice or tax advice. Further, the information provided herein should not be taken as investment advice or solicitation of any kind.
You hereby understand and acknowledge that BWWP LLC or team members are not attorneys or tax professionals, but are financial planners licensed to conduct fee – based financial planning and investment services.
If you are in need of legal advice or other specific financial advice, such as advice regarding your taxes, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.
BWWP LLC may contain forward-looking or anticipatory statements regarding financial outlooks or other financial services. These forward-looking or anticipatory statements may contain statements of opinion or predictions. Please be advised that you should not rely on these statements as concrete facts. Such statements may contain the words “expect,” “anticipate,” “foresee,” “plan,” “project,” or other similar words of uncertainty. While BWWP LLC attempts to maintain as current all information on its Website, BWWP LLC undertakes no responsibility or obligation to update or revise such forward-looking or anticipatory statements, whether as a result of new information, future events or otherwise.
BWWP LLC provides financial planning or investment management services only to individuals who become our clients through one-on-one communications with explicit consent by both parties to have this relationship. Documents, information, or other Services received on or through the BWWP LLC website may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility. Signing up for any Service on BWWP LLC is done at your own risk and BWWP LLC makes no guarantees as to the accuracy, reliability, or truthfulness of any information on the BWWP LLC website. Some information may not be suitable for your specific situation. You must have an individual advisory relationship as stated that is one – on – one with us to establish a fiduciary relationship which is based on your given situation and dedicated advice after a verbal meeting and where this relationship is consented to by both parties.
The Company may provide you with certain information as a result of your use of BWWP LLC or the Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of BWWP LLC or the Services (“Company Materials”). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license to use the Company Materials solely in connection with your use of BWWP LLC and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of BWWP LLC or the Services or at the termination of this Agreement.
You agree that BWWP LLC, and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Boracchia Wiviott Wealth Partners LLC, BWWP LLC, and any other trademarks or service marks found on the BWWP LLC website (“Company IP”). The Company IP also includes a copyright in the entirety of the BWWP LLC website and media. You agree that the Company owns all rights, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another user, you may contact us and let us know if you feel we may be able to help. We make no guarantees we can help with infringement by using our services.
As a User of BWWP LLC or the Services, you will be asked to register with us. When you do so, you will provide us with identifying information such as your name and email address. You may also be asked for additional information, such as billing details. Such details may include credit card number and other account information, bank account information for direct transfers, and any other billing details as may be required to provide the Services to you.
You are responsible for ensuring the continued accuracy of this information. This identifying information will enable you to use BWWP LLC and our Services. You should not share such identifying information with any third party unless you are aware of who they are and their relationship is established in who they say they are; and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. A message stating so by using our contact in the Contact Us link on every page will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using BWWP LLC or the Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Furthermore, you must agree to the GDPR terms to interact with any of the online content of BWWP LLC. Thus, your use implies you agree to the following:
I confirm that I am at least 16 years of age or older
I have read and accept any EULA, Terms and Conditions, Acceptable Use Policy, and/or Data Processing Addendum which has been provided to me in connection with the software, products and/or services.
I have been fully informed and consent to the collection and use of my personal data for any purpose in connection with the software, products and/or services.
You agree not to use BWWP LLC or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use BWWP LLC or the Services in any way that could damage BWWP LLC, the Services or general business of the Company.
You further agree not to use BWWP LLC or the Services:
To harass, abuse, bully or threaten others, or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetuate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination towards any group;
To post any material which contains graphic violence;
To post any material which contains nudity;
To spam or otherwise solicit any users;
To post any intellectual property, including photos, of any other person without their permission;
To imply any endorsement by BWWP LLC;
To unlawfully gather information about others;
1. To take any and all information provided as fact and furthermore hold BWWP LLC harmless from any and all
damages from any information it provides either directly or indirectly.
To create fake accounts or additional accounts in the circumstance that your account with us has been terminated;
You acknowledge and agree that BWWP LLC may terminate your account at any time if you violate any of the terms of this Agreement, at BWWP LLC’s sole and exclusive discretion. BWWP LLC may also take further action such as notifying the appropriate authorities or removing any content that you may have posted.
You may edit your payment method or delete your payment information as follows: contact us using the Contact Us link and writing this information in the “Additional Information” section.
You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, financial data, and other technical and financial data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States.
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the BWWP LLC website and Services immediately.
BWWP LLC may allow and contains user-generated content, such as testimonials, photos, videos, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the BWWP LLC website or from other third parties such as on certain LinkedIn Testimonials.
All User Contributions must specifically comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole.
Any User Contribution you post to social media sites whether they be our on or someone else’s related to matters discussed will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to BWWP LLC, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, non-exclusive, worldwide license to use, reproduce, modify, perform, display, broadcast, transmit, distribute, make derivative works of, and otherwise disclose to third parties, any such content you post, publish, upload or otherwise make available to us. The Company claims no further proprietary rights in your User Contributions.
You further represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions 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 Contributions posted by you or any other user of the Website.
You agree not to undertake any of the following actions:
Scan or probe the underlying structure of BWWP LLC;
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on BWWP LLC or Services;
Violate the security of BWWP LLC or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network;
Use the BWWP LLC app or any Services or tools on the BWWP LLC app for any commercial purpose;
Use bots, web crawlers, or any similar devices or online tools to access or index data from BWWP LLC;
Attempt to disrupt the experience of other users on BWWP LLC in any way; or
Disseminate any virus or other bad code which could harm BWWP LLC or the Services or any device of any user.
The Company does not accept responsibility for the security of your account or content. You agree that your use of BWWP LLC or Services is at your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from, or relate to, your use or misuse of BWWP LLC or Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other BWWP LLC user in relation to you. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes. California residents which may access BWWP LLC hereby waive California Civil Code Section 1542, the text of which is as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.
You are strictly prohibited from using BWWP LLC or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to or from BWWP LLC or Services.
The Company may, from time to time, and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on BWWP LLC, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after BWWP LLC has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of BWWP LLC after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of BWWP LLC. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of BWWP LLC.
The Company may need to interrupt your access to BWWP LLC to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that for any reason, your access to BWWP LLC may be affected by unanticipated or unscheduled downtime, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other user, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on BWWP LLC. You may also terminate your account at any time through the BWWP LLC website by using the “We’re Creating My Best Life” link, typing it in the “comments” section, and clicking the big button to submit to us.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of BWWP LLC and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties nor implied warranty. Specifically this can include but is not limited to that BWWP LLC or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on BWWP LLC or information obtained through the Services. You agree that any damage that may occur to you including but not limited to your device, your computer system, your investment, or generally as a result of a loss of your data or breach from your use of BWWP LLC or Services is your sole responsibility and that the Company is not liable for any such damage or loss.
To the fullest extent permissible by law, the Company, including any employees, team members, affiliates, service providers, contractors or agents, shall not be liable for any damages that may occur to you as a result of your use of BWWP LLC or Services. This section applies to any and all claims by you, including, but not limited to; loss of data, loss of goodwill, lost profits or revenues, consequential, indirect, special exemplary or punitive damages, negligence, strict liability, fraud, or torts of any kind. Whether such claims are direct or indirect and whether such claims are alleged to be from your use of BWWP LLC, your interaction with another user, or your interaction with any third-party. The maximum liability of the Company arising from or relating to this Agreement is limited to the amount you paid to the Company in the prior 3 (three) months.
Some or all of the limitations provided in this subsection may not be applicable to you, depending upon your jurisdiction.
You are solely and exclusively responsible for any taxes that may be applicable to you through the use of BWWP LLC Services. You acknowledge and agree that it is your responsibility to determine your tax liabilities and BWWP LLC is not responsible for any tax issue related to your use of the BWWP LLC website or Services.
Copyright © 2020 by Boracchia Wiviott Wealth Partners. All Rights Reserved.
NO REFUNDS: Unless otherwise stated, there are NO refunds of any kind for any service.
LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW: Through your use of BWWP LLC or Services, you agree that the laws of the State of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Sussex County. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the following county: Sussex. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims – i.e. you hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, b assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please contact us using the Contact Us link on each page.
1. In any situation where rules of another governing body are relevant and foremost civil rights, we exercise our civil rights and follow the rules using best execution method.
1. There are no warranties or guarantees implied.
1. When not otherwise specified, our return policy is 21 days provided services have not been received.
1. Contacting us does not create any sort of advisor, manager, agent, or fiduciary-client relationship, nor does it require us to act on your behalf until such a relationship exists. A relationship exists when a contract is signed by both parties the client and the provider of those services.
1. Information presented is for general guidance only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities product, insurance policy, real estate, service, or financial strategy. Investments, planning, insurance and success involves risk and unless otherwise stated, are not guaranteed.
1. Some insurance policies carry risk including but not limited to of the company you’re involved with. Please be sure to first consult with a qualified insurance agent who is also an investment advisor to understand your whole picture of options; tax professional, or attorney before implementing any strategy or recommendation discussed herein.
1. Track record does not indicate future performance. Please be sure to first consult with a qualified financial advisor, tax professional, or attorney before implementing any strategy or recommendation discussed herein.
1. Boracchia Wiviott Insurance Services is merging with Boracchia Wiviott Wealth Partners, LLC. Boracchia Wiviott Wealth Partners, LLC is the parent company. Assume the two companies are merged as of this date when reading these disclosures.
1. Insurance coverages and discounts vary by insurance company.
1. Boracchia Wiviott Insurance Services also does business as BWIS.
1. Real estate transactions are offered by Lea Wiviott Boracchia not BWWP LLC and they are offered through S/A, a wholly separate company without affiliation to Boracchia Wiviott Wealth Partners, LLC.
1. Boracchia Wiviott Wealth Partners, LLC is licensed to transact investments such as stocks, mutual funds, ETFs, bonds, puts, calls and more. Insurance products and services may also be offered through Boracchia Wiviott Wealth Partners, LLC including but not limited to through agents, brokers or Boracchia Wiviott Insurance Services. Insurance products are not guaranteed unless otherwise stated by the insurance company. Any guarantees by the company are very clearly stated in writing only; not verbally. Insurance products pay a commission regardless of who sells them; this is how insurance policies work. Regarding the services we offer Boracchia Wiviott Wealth Partners, LLC and Boracchia Wiviott Insurance Services utilize best execution. To learn more about the definition of best execution please view the SEC’s general information page and scroll around 3/4 down the page – https://www.sec.gov/divisions/investment/iaregulation/memoia.htm or you can contact Boracchia Wiviott Wealth Partners, LLC at the link on the header of each page.
1. BWWP LLC and its Services is limited to the dissemination of general information pertaining to its services, the services of members individually, together with access to additional insurance, planning, real estate or investment-related information, publications, transactions, and links. This web site on the Internet should not be construed by any consumer and/or prospective client as Boracchia Wiviott Insurance Services or BWWP LLC’s solicitation to effect, or attempt to effect transactions in insurance, real estate, or the rendering of personalized advice for compensation, or any other wealth management services over the Internet. The information you obtain at this site is not, nor is it intended to be, relied upon to determine your particular insurance, planning, real estate or investment needs. You should consult the properly licensed professional for advice on your specific situation. In the case of real estate transactions while managing member Lea holds her real estate license any advice by Lea regarding real estate transactions are outside of Boracchia Wiviott Wealth Partners and its scope and require a separate explicit consent from Lea Wiviott Boracchia.
1. Any subsequent, direct communication by us with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption. If not we are unable to contact you. For information pertaining to the registration status of Boracchia Wiviott Wealth Partners LLC where you are located please contact the state insurance department or California Department of Business Oversight. A copy of our firm registration is available with the SEC and our jurisdiction is held under California. As such it is available at the California Department of Business Oversight. You can verify applicable licenses with the California Department of Insurance website – http://www.insurance.ca.gov/license-status/ lic #0H16150 & lic # 0I45731 & read our required firm disclosures on our ADV at the Investment Advisor Registration Depository – https://adviserinfo.sec.gov/firm/brochure/287877.
Thank you for your implied agreement while using our site, channel, any other mediums and services.