WFG Prompts Terms of Service

Updated: May 8, 2024

Welcome to WFG Prompts! These Terms of Service (“Terms” or “Agreement”) outline the legally binding terms and conditions governing your use of the WFG Prompts platform (“Site”) and services therein (“Services”) provided by MyHome, a Williston Financial Group Company, LLC (“MyHome,” “we,” “our,” or “us”). By accessing or using the Site, you agree to these Terms on behalf of yourself or the entity you represent. You affirm that you have the right, authority, and capacity to enter into these Terms. If you disagree with these Terms, please refrain from accessing or using the Site. We reserve the right to modify this Agreement at our discretion, for any reason. We will notify you of changes by updating this Agreement, and you waive the right to receive specific notice of each change. It's your responsibility to review this Agreement periodically to stay informed of updates. By continuing to use our Services and/or access the Site after we post any changes, you are deemed to have accepted the revised Agreement.

Access and Use

To access certain features of our Services available on the Site, you may need to complete a registration form. By registering, you agree to provide accurate and complete information about yourself. Your registration data and other information may be used by MyHome as detailed in these Terms. If you are under 13 years old or an EU citizen or resident under 16 years old, you are not permitted to register for our services.

You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. Please notify us immediately of any unauthorized or suspected unauthorized use of your account or any security breach. We are not liable for any loss or damage resulting from your failure to comply with these requirements.

Content and Storage; Enforcement

You are responsible for all content you submit to or use on the Site. This includes any risks associated with its accuracy, completeness, or disclosure of personal information. Your content must comply with these Terms. You may not state or imply that your content uploaded to or downloaded from the Site is endorsed by the Site. You must not use the Site to distribute content that violates third-party rights, is unlawful, harassing, abusive, threatening, harmful, invasive of privacy, defamatory, false, misleading, pornographic, offensive, promotes hatred, or violates any law or regulation.

We may provide the ability to store your content but are not obligated to do so or back-up your content and may delete it without notice. It is your responsibility to maintain back-ups of your content. We are not liable for the deletion or failure to store any content. We may establish additional, general guidelines and fee-based limitations regarding the use of the Site and our Services, including the duration data or content will be stored and the allocated server space. We reserve the right to terminate inactive accounts and modify these guidelines at our discretion, with or without notice.

Third-Party Site Terms of Use

You acknowledge that certain features of the Site may interact with third-party services, including ChatGPT. Your use of these features may be subject to the terms of use and privacy policies of these third-party services. By using the Site, you agree to comply with any applicable third-party terms of use and privacy policies. We encourage you to review these terms carefully before using any integrated third-party services.

https://openai.com/policies/terms-of-use/

Privacy

By using the Site, you agree to the collection, use and disclosure of your information as described in these Terms. We may collect certain information from and about you when you use the Site and Services, including, without limitation, your personal contact information, your technical information regarding your method of access to the Site, your usage data, uploaded content, and the Site content generated by your use. You agree that MyHome, a Williston Financial Group Company and its affiliates may use and disclose such information collected for various purposes, including but not limited to improving and optimizing the Services and Site, personalizing your experience, providing customer support, communicating with you about the Services and Site, marketing purposes, including promotional emails and calls and targeted advertisements, and for legal compliance. We may retain your information as needed and update our policies periodically.

For additional information regarding your consumer data privacy rights, please visit WFG's Privacy Notice at https://wfgtitle.com/privacy-policy/.

License of User Content

You grant MyHome an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display, perform, sublicense, create derivative works of, incorporate into other works, and otherwise use your content, including the data you input within the Site. You waive any moral rights or attribution claims with respect to your content.

Intellectual Property

You do not acquire ownership rights to any software, algorithms, content, documents or other materials viewed through or accessed on the Site, generated by your content or the Site prompts, or downloaded by you from the Site, and MyHome reserves all such rights. Instead, you are granted a limited right to use the generated content for your personal and business use, subject to these Terms.

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of MyHome, its affiliates, or other third parties. You are not permitted to use the Marks without the prior written consent of MyHome, or such affiliate or third party that may own the Marks.

These Terms supersede any other privacy policy that may be posted by MyHome or its affiliates on any websites other than the Site.

Disclaimer of Warranties

Your use of the Service is at your own risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Services will be accurate or reliable.

Limitation of Liability

We will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Termination

We reserve the right to suspend or terminate your account or access to the Services and the Site for any reason, including if we believe you have violated these Terms. We may also discontinue providing the Services at any time, with or without notice. Termination of your account will not affect our rights to your content. We will not be liable to you or any third party for any termination of your access to the Services or the Site.

Indemnification

You agree to protect and defend MyHome and its affiliated companies, employees, officers, directors and agents from any claims, damages, or liabilities arising from your use of the Site or violation of these Terms.

Contact Information

If you have questions about this Agreement or the Site, please contact us via the provided contact information.

DMCA Notice Provision

If you believe that any content on the Site infringes your copyright, you may submit a notice of claimed infringement to our designated copyright agent. To be effective, the notice must include:

1. Identification of the copyrighted work claimed to have been infringed.
2. Identification of the allegedly infringing material and its location on this Site.
3. Sufficient information for us to contact you, such as your address, telephone number, and email address.
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send your DMCA notice to our designated copyright agent:

Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the infringing material and notify the user responsible for uploading the material. We may also terminate the accounts of users who repeatedly infringe copyright.

Miscellaneous

This Agreement shall be governed by Oregon law (without regard to conflict of law principles). Any disputes or claims between you and the Site shall be resolved exclusively through arbitration, except for individual claims in small claims court. You waive the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Portland, Oregon. Any cause of action by you with respect to the Site (and/or any Services or information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein. These Terms shall be interpreted as to the fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. The prevailing party in any controversy shall be entitled to recover such amount as the court may adjudge reasonable as attorneys' or paralegals' fees and costs of litigation at trial or on any appeal or review, in addition to all other amounts provided by law. All rights not expressly granted herein are hereby reserved by us.