Terms of Service

Last Updated: February 1, 2025

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the services, software, and products (collectively, the "Services") provided by Kendall Report, Woodall Financial, or NEXTGEN Global Partners, LLC ("Company," "we," "us," or "our"), including but not limited to WaveTech Indicators Suite, WaveTech Portfolio Manager, and PortfolioXpert.com.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

3. ACCOUNT REGISTRATION

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. SERVICES AND SUBSCRIPTION

4.1 Services Description

Our Services include, but are not limited to:

• WaveTech Indicators Suite

• WaveTech Portfolio Manager

• PortfolioXpert.com

4.2 Subscription and One-Time Purchases

We offer both subscription-based Services and one-time purchases. Subscription Services are provided on a periodic basis (e.g., monthly, quarterly, annually) and will automatically renew for additional periods of the same duration as the initial subscription period, at the then-current non-promotional rate, until canceled.

One-time purchases provide access to the specific Service purchased without recurring charges.

4.3 Fees and Payment

All fees are in US dollars unless otherwise specified. You agree to pay all fees associated with the Services you purchase. Fees for subscription Services will be charged at the beginning of each subscription period.

4.4 Cancellation and Refunds

You may cancel your subscription at any time by logging into your account at www.PortfolioXpert.com, navigating to the "Subscriptions" section, and following the cancellation instructions.

For subscription Services, cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

For one-time purchases, refunds are NOT available as described in our refund policy or as required by applicable law.

5. USER CONDUCT

You agree not to:

• Use our Services for any illegal purpose or in violation of any applicable laws or regulations

• Violate or infringe other people's rights

• Interfere with or disrupt our Services

• Attempt to gain unauthorized access to our Services or systems

• Use our Services to transmit any malware, viruses, or other harmful code

• Use our Services to send unsolicited communications

• Reverse engineer or decompile our software, except as permitted by law

• Use our Services in any manner that could disable, overburden, damage, or impair the Services

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by the Company, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes.

6.3 Restrictions

You may not:

• Modify, copy, or create derivative works based on our Services

• Frame or mirror any part of our Services

• Use any data mining, robots, or similar data gathering and extraction methods

• Download or copy any account information for the benefit of another merchant

• Use our Services for any commercial purpose other than your internal business needs

7. USER CONTENT

7.1 Your Content

You retain all rights in any content you submit, post, or display on or through our Services ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving our Services.

7.2 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to post your User Content and that it does not violate the rights of any third party.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. TERMINATION

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If your account is terminated, we may delete any content or other materials you have submitted.

12. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state of Arizona in which Kendall Report, Woodall Financial, or NEXTGEN Global Partners, LLC is headquartered, without regard to its conflict of law provisions.

14. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or our Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

15. CONTACT INFORMATION

For questions about these Terms, please contact us at:

Email: info@kendallreport.com Address: Kendall Report, Woodall Financial, or NEXTGEN Global Partners, LLC , 1177 Old Chisholm Trail, Dewey, Arizona 86327

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.





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