These terms and conditions of use (the “terms” or “Agreement”) govern our social media-based websites, accounts, pages and applications (or collectively, our “sites”) that belong to, or are managed by Wilshire Phoenix Capital Management, LLC, a Delaware company (“Wilshire”, “we”, “our” and/or “us”). By accessing and/or using our sites, you are agreeing to be bound by these terms, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by Wilshire and those of any third parties that host our sites, as amended from time to time.  If you do not agree with all of these terms or cannot form a legally binding contract, you are not permitted to use our sites.

While Wilshire has official profiles on a number of social networks, this does not mean that we are endorsing their products or services. From time to time we may share content on our sites that we think is interesting. This does not mean we are agreeing or supporting a point of view or endorsing a product or service. We may occasionally mention a user, tweet, re-tweet or repost links to third-party sites.  However, this does not constitute an endorsement of the individual, site, product or company.

We cannot and do not guarantee the accuracy of content posted on our sites by us or third parties.  We do not, in any way, adopt, endorse, or guarantee the accuracy of content posted by others. We are not legally responsible for content posted by third parties on our sites. We do not endorse clicking on links posted by other social media users, as these links may pose risks to your computer or take you to inappropriate sites.  We do not provide investment, legal, tax or other specialist advice through our sites. If you are not able to use or access our sites, or websites linked to through them, we are not responsible for any problems this causes.  We may disclose your communications and activities on our sites in response to requests by any government agency.

Those that have a business relationship with Wilshire and/or any other interests are responsible for adhering to any previous restrictions and/or obligations regarding information that may be deemed non-public. These terms in no way replace terms outlined in any other agreement executed between Wilshire and you.

Use Limitations and Guidelines

You agree to comply with the social media guidelines outlined herein with regard to any content that you post/share on our sites, and you agree to our right to moderate and delete any content at our sole discretion. You also agree that your activities on our sites will not violate any applicable law, regulation or terms of any existing agreements you may have with Wilshire. Our sites may only be used for personal purposes.  You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of our sites or access to our sites. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited. Your use of our sites is subject to the following guidelines:

  • You agree that you are responsible for any content that you submit to our sites, including comments, photographs and other media.
  • Posting Content to Our sites:
    • Stay relevant – stay on topic with relevant information that others may find useful.
    • Do not post advertisements.  
    • Be respectful – maintain a friendly environment.
    • Do not post material that is inappropriate or that could reasonably be deemed defamatory, offensive or obscene.
    • No investment advice – do not post recommendations and/or advice about specific securities, products, or services.
    • Do not use these online spaces for illegal purposes or to breach any laws.
    • Do not harass, cause distress or inconvenience to, or infringe the rights of, another person.
    • Do not try to access administrator areas, features or functions of our sites without authorization.
    • Do not submit anything to our sites that will or may violate the rights of a third party, including but not limited to copyright, trademark, and/or privacy rights.
    • Do not use our sites or content on them in any way not permitted by these terms.
  • You agree that you shall not place false or misleading information on our sites or upload any computer programs—including but not limited to viruses, Trojan horses, worms, and/or time bombs—that may interfere with the proper operation of our sites.
  • We reserve the right to remove comments and/or posts. We also reserve the right to restrict users who don’t follow these guidelines, have online pages containing offensive material and/content, or for any other reason.
  • By posting any content on any site, you grant to Wilshire the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use such content for any purpose, in any form, and on any media.
  • Our sites are intended solely for individuals who are age 18 or older. Any access to or use of our sites by anyone under 18 is unauthorized, unlicensed, and in violation of these terms. By accessing or using our sites, you represent and warrant that you are 18 or older.

Privacy

Please note that when visiting any Wilshire site, you are also subject to the terms and conditions of Wilshire’s privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable.  Do not send or post personal information via our social media sites. Never disclose any financial or personal information on any Wilshire social media site or other website. Wilshire will never ask you for your Social Security number, account information, passwords, PINs or other personally identifiable information via social media or email. You acknowledge that you assume all responsibility related to the security, privacy and risks inherent in sending any content over the Internet. Wilshire is not responsible for the privacy or security practices of the social media sites we utilize. Please review their policies.

Monitoring

Wilshire has no obligation to monitor the use of our sites by users. You acknowledge and agree that Wilshire reserves the right to, and may from time to time, monitor any and all information transmitted or received through our sites for operational and other purposes.  During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of our sites constitutes consent to such monitoring. Furthermore, Wilshire reserves the right at all times to disclose any information posted on any portion of our sites as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Wilshire’s sole and absolute discretion are objectionable or in violation of this Agreement.

Copyright/Use License

The content provided in our sites is owned or licensed by Wilshire, unless otherwise indicated. Unless expressly noted otherwise, everything on our sites is protected by intellectual property rights held by Wilshire or other parties that have allowed Wilshire to use their materials.  All rights not expressly granted are reserved. Permission is granted to temporarily download one copy of Wilshire-provided content on Wilshire’s sites for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the content except as otherwise provided;
  • Use the content for any commercial purpose, or for any public display (commercial or non-commercial);
  • Remove any copyright or other proprietary notices from the content; or
  • Transfer the content to another person or “mirror” the content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Wilshire at any time. Upon completing your review of the content or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

DMCA Copyright Policy and Copyright Agent  

Wilshire may remove content that appears in its sole discretion to infringe the intellectual property rights of others.  Wilshire also has a policy of terminating the accounts of repeat infringers in appropriate circumstances. If you believe that content available on or through the sites infringes one or more of your intellectual property rights, please immediately notify Wilshire (“Notification”) providing the information described below.  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.  Thus, if you are not sure that content located on or linked to by the sites infringes your rights, you should consider first contacting an attorney.

All Notifications should include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wilshire to locate the material, including the URL.
  • Your address, telephone number and email address.
  • A statement that you have 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.
  • A statement made under penalty of perjury that the information in the Notification is accurate, and that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

Notifications should be sent to Wilshire as follows:

Wilshire Phoenix Capital Management, LLC
2 Park Avenue, 20th Floor
Attention: TOU Notice

Disclaimers

The materials on Wilshire’s sites are provided “as is.” Wilshire makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Wilshire does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its sites or otherwise relating to such materials or on any sites linked to these sites. Wilshire does not guarantee that our sites will be without errors or viruses, or that any site defects will be corrected, even if Wilshire is aware of them.  The information and content provided on our sites, including without limitation text, graphics and images, are for informational purposes only, not as an offer to sell or the solicitation for the purchase of stock of Wilshire, or any other issuer or company. Wilshire is not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our sites. Content posted by others is not edited by Wilshire and does not necessarily represent the views or positions of Wilshire. Wilshire is not liable for the acts or omissions of third party service providers or hosts of the sites.

Limitations

The use of our sites is entirely at your own risk, and in no event shall Wilshire, its affiliates or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or relating to our sites, your use or inability to use the content on our sites, even if Wilshire has been notified orally or in writing of the possibility of such damage.  Your sole and exclusive remedy for dissatisfaction with our sites is to stop using our sites. Wilshire will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our sites. Wilshire may use third party providers in providing our sites. Wilshire is not liable for the acts or omissions of any such third party service providers. Users must comply with any third party provider’s terms.

Indemnification

You agree to indemnify, defend, and hold harmless Wilshire and its employees, and agents from any and all losses, damages, liabilities, and costs of every nature (including without limitation judgments, expenses and reasonable attorneys’ fees and costs) incurred by any of them in connection with any claim, damage, or loss related to your use of our sites or any materials contained on our sites, or the breach or alleged breach by you of these terms.

Third-Party Links

Wilshire has not reviewed all of the third-party sites linked to its sites and is not responsible for the contents of any such linked site. The inclusion of any third-party link does not imply endorsement by Wilshire. Use of any such linked web site is at the user’s own risk. You understand that when going to a third-party web site, that site is governed by the third party’s privacy policy and terms of use, and the third party is solely responsible for the content and offerings presented on its website.

Site Modification or Termination

Wilshire may modify the features, content and functionality of its sites, or terminate entirely any of its sites, at any time without prior notice or liability to you. Modification or termination of these terms will not affect, or result in the termination or modification, of any other existing agreements you may have with Wilshire.

Social Media Terms of Use Modifications

Wilshire may revise these terms of use for its sites at any time without notice. These terms of use may be updated at any time and/or each time a social networking site updates their terms of use.  By using these sites you are agreeing to be bound by the then current version of these terms of use. Any modifications to these terms shall be effective as of the date posted. We encourage you to periodically review these terms.

Relationship

Your accessing of our sites in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and Wilshire, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our sites, that no relationship is formed between you and Wilshire that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.

Termination of Use

Wilshire may, in its sole discretion, terminate your use of our sites at any time.  Wilshire reserves the right to change, suspend or discontinue all or any aspects of our sites at any time without prior notice.

Jurisdiction and Miscellaneous

This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to the principles of conflicts of law.  This Agreement is a personal agreement between you and Wilshire, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that Wilshire will have the ability to enforce its rights in any court of competent jurisdiction, you hereby acknowledge and agree that the courts of the State of New York in the county of New York shall have exclusive jurisdiction over any dispute relating to these terms and your use of our sites, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens.  You acknowledge and agree that you may not bring a claim against Wilshire relating to your use of our sites after more than one year has passed since the event occurred that gave rise to the claim, while there is no such limitation on Wilshire’s right to bring claims against you.  You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Wilshire to provide our sites hereunder.  You waive your right to trial by jury of any or all issues arising in any action or proceeding between you, or your successors, and Wilshire or its successors, under or connected with this Agreement or any of its provisions. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.  This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.