Terms and Conditions/Privacy Policy

The Site the-wherewithal.com is provided by “The Wherewithal llc”. The “Site” includes, without limitation: (a) all websites, sub domains, micro sites, and mobile applications owned or managed directly by the-wherewithal.com(including designated portions of third party websites and applications that link to or refer to these Terms of Use); (b) all The Wherewithal llc services offered on or through such sites (“Services”); (c) all software offerings and applications owned by the-wherewithal.com and made available on or through the Site or authorized digital distribution platforms (“Software”); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Site .

The Site the-wherewithal.com is provided by “The Wherewithal llc”. The “Site” includes, without limitation: (a) all websites, sub domains, micro sites, and mobile applications owned or managed directly by the-wherewithal.com (including designated portions of third party websites and applications that link to or refer to these Terms of Use); (b) all The Wherewithal llc services offered on or through such sites (“Services”); (c) all software offerings and applications owned by sherpafunding.com and made available on or through the Site or authorized digital distribution platforms (“Software”); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Site .

If you do not agree to these terms of use, please do not use the site. The Wherewithal llc reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of use, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to all such changes. The Wherewithal llc operates this website to provide online access to information about its products, services and opportunities.

Privacy Policy

The Wherewithal llc considers protecting the privacy of your personal data very important, and has developed a Privacy Policy describing The Wherewithal llc’s and the-wherewithal.com data collection policies and practices. These Terms of Use includes the Privacy Policy. Your use of our Site and submission of Personal Information online constitutes acceptance and understanding of this Policy as in effect at the time of your submission.

Electronic Communication

The communications between you and the-wherewithal.com are electronic. You consent to receive communications from The Wherewithal llc and the-wherewithal.com in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

We may collect the following Personal Information from you:

• Name, Postal address, Business name, Telephone number, E-mail address, bank or credit card statements, dates of birth, business ownership interests and duration, and Social Security numbers.
• Other personally identifiable information about you and third parties that you may choose to transmit through the Services, including personally identifiable information contained within files, video or audio calls or text messages.

If you submit any personal information of or relating to third parties to us or our third-party service providers in connection with the services, you represent that you have the authority to do so.

How We May Use Personal Information

We and our third-party service providers may use Personal Information to provide funding to you; to advertise and market funding to you. To conduct research and analysis to prevent fraud and to better understand our customers and website visitors; To engage in customer support and to fulfill any other purpose for which you provide the information; or any other purpose with your consent.

For our business purposes, such as quality assessment, data analysis, audits, developing new products, improving the Services, identifying usage trends and determining the effectiveness of our promotional campaigns.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

• To our third-party service providers that may provide services such as hosting of the Services, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing, payment processing and other similar services. Please note that we may use cloud service providers in connection with the hosting of the Services and the storage of Personal Information, and we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.
• By you, through messages (including files, video and audio calls and text messages), chats, message boards, forums, public profile pages, user directories and blogs and other functionality with which you are able to share or post information and materials. Please note that any information and materials that you post or disclose using such functionality will become public information, and may be available for other users of the Services and the general public to record, access, use, alter, manipulate or disclose to other individuals or social networking sites such as Facebook or YouTube. We are not responsible for such recording, access, use, alteration, manipulation or disclosure. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, in connection with the Services.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

Other Information We May Collect

“Other Information” is any information that does not reveal your specific identity, such as:

• Browser information
• Server log files
• Statistics concerning messages (including files, video and audio calls and text messages) sent or received through the Services, such as the length of such calls or messages, the IP Addresses involved and other technical parameters
• Information collected through cookies, pixel tags and other technologies
• Demographic information
• Aggregated information

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

• Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, language, and the name and version of the software application you are using. We may also generate a unique device identifier for use by The Wherewithal llc to operate the Services.
• Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Services, along with the time of the use and the pages or areas visited within the Services. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We and our third-party service providers use IP Addresses for purposes such as helping to calculate usage levels of the Services diagnose server problems and administer the Services.
• Using cookies: Cookies allow a server to transfer data to a device for recordkeeping and other purposes. We and our third-party service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Services, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Services may not be available to you.
• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some pages and areas of the Services and HTML-formatted e-mail messages to, among other things, track the actions of users of the Services and e-mail recipients, measure the success of our marketing campaigns and compile statistics about usage and response rates of the Services.
• Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or Wi-Fi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
• From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.
• By aggregating information: Personal Information does not personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code.

Security

We seek to use within the-wherewithal.com and The Wherewithal llc reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.

Choices and Access

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes.

You may opt-out from receiving marketing-related e-mails from us based upon your Personal Information: If you no longer want to receive marketing-related e-mails from us on a going-forward basis based upon Personal Information collected pursuant to this Privacy Policy, you may opt-out of receiving such marketing-related e-mails by clicking the “unsubscribe” link that is included at the end of such marketing-related e-mails or contacting us at hello@the-wherewithal.com

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related e-mails from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by sending an e-mail to hello@the-wherewithal.com

User Communication

The Wherewithal llc is pleased to hear from users and welcomes your comments regarding our service.  You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with us on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws.  the-wherewithal.com does not endorse or sponsor any such User Communications submitted by you or other users of this website.

The Wherewithal llc reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, 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 would otherwise violate the law. The Wherewithal llc will fully cooperate with any law enforcement authorities or court order requesting or directing the-wherewithal.com to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Authorized Users

As a user of the website, you affirm that you are 18 years of age or older.  The Wherewithal llc will not consider nor retain any applications, comments or information submitted by persons under the age of 18. You assume all responsibility for your use of, or access to, the website, including your access to any website content or user content, and hereby waive all claims or causes of action against The Wherewithal llc its affiliates, licensors and their respective officers, directors, employees, agents and representatives in connection therewith.

Third Party Content

The Wherewithal llc may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. The Wherewithal llc does not monitor or have any control over any Third Party Content or third party Sites. The Wherewithal llc does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. The Wherewithal llc does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Feedback

All comments or materials submitted by you to The Wherewithal llc through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by The Wherewithal llc on a non-confidential and unrestricted basis. Further, The Wherewithal llc shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. the-wherewithal.com may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.

Errors and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice to you.

Ownership

The Site contains copyrighted material, trademarks, service marks, and other proprietary information and the Content is protected by copyright, trademark, and other intellectual property laws. Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of The Wherewithal llc and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any The Wherewithal llc name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without The Wherewithal llc express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of The Wherewithal llc. Notwithstanding the foregoing, the-wherewithal.com may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Twitter, or Facebook.

Authorization to Contact You by Telephone

You authorize The Wherewithal llc, our affiliates, agents, partners and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you, using any means of communication, including but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

Disclaimer

The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
The Wherewithal llc expressly disclaims any duty to update or revise the materials on this website, although The Wherewithal llc may modify the materials at any time without notice.  Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website.  The Wherewithal llc shall not be liable for any damages of any kind related to your use of this website.

Limitation of Liability

In no event shall The Wherewithal llc and its licensors be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, or inability to use the site or any services, software, or content provided on or through the site, even if The Wherewithal llc has been advised of the possibility of such damages or losses. notwithstanding the foregoing, the total liability of The Wherewithal llc and its licensors, whether in contract, warranty, tort (including, without limitation, negligence), product liability, strict liability or any other theory, associated with any claim arising out of or relating to use or access to the site for any reason whatsoever shall be limited to the cost of accessing the site, if any.

Indemnification

You agree to defend, indemnify and hold harmless The Wherewithal llc  against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against The Wherewithal llc and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Force Majeure

The Wherewithal llc shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

General

These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by The Wherewithal llc of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between The Wherewithal llc, and you regarding the subject matter set forth herein and supersede all prior agreements and representations between The Wherewithal llc the-wherewithal.com and you. 

Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of New York, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection with the-wherewithal.com