FINSITEFUL TERMS OF SERVICE
Revised November 23, 2020
Welcome to FinSiteful. We are very happy you have started your journey to a better financial future. We are here to help you achieve your goals with a series of applications and our web site that will assist you along the way.
The FinSiteful mobile application (App) or website located at www.FinSiteful.com or any linked pages owned and operated by us (Website), and any other Services provided by FinSiteful are hereby collectively referred to as the Service. By accessing the Services, you agree to be bound by these Terms of Service that set out the legally binding conditions under which your use of and our provision of the Services occurs. Please read these Terms of Service carefully.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Services. These Terms of Service and all terms, guidelines and rules referenced herein contain the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.
You must be resident in the United States, a United States citizen, permanent resident or legal alien and you must be 18 years of age or older, or of the legal age in your jurisdiction to form a binding contract if that age is greater than 18 years of age, to register as a user of the Services. If you do not qualify, please do not use the Services. Registration for the Services is void where prohibited by applicable law and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Services are administered and all data is stored within the United States.
Use of Services by Members
Subject to the restrictions on use and posting set forth in these Terms of Service, you may use the Services to create, contribute, search, consume, and share information about financial goals and objectives, financial assets and liabilities and investing, and encourage others to do the same; send content (referred to as Content) to people you know, whether or not they are existing users of the Services; invite people you know to use the Services; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through the Services, and other items displayed on FinSiteful (whether from FinSiteful, other users or third party sources) solely for your own personal, non-commercial use.
The term Content does not include the investment Recommendations designed specifically for you or information provided in connection with these recommendations. You may not distribute any portion of such Recommendations for any purpose not authorized above without the express written permission of FinSiteful.
You should not, and you agree you will not, construe, treat or rely on Content as advice from FinSiteful or its affiliates as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities. Any Content posted by us on the Services has been posted to provide general information on topics that users may find helpful, inspiring, and educational. While we strive to provide well researched and carefully written content, we make no representations, warranties or guarantees whatsoever as to the accuracy, integrity of such Content and under no circumstances will FinSiteful be liable in any way for any Content posted by us, any other user or any third party, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any Recommendations. You agree that you will evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
Restrictions on Rights to Use
- To make FinSiteful a good experience for all users, you agree that without our express written consent, you shall not:
- Modify, adapt, translate or reverse engineer any portion of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any Content or other material obtained via the Services;
- Reformat, frame or place pop-up windows over any portion of the Services, or otherwise affect the way that the Services is displayed;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Impersonate any person or entity, including, but not limited to, any employee or officer of FinSiteful, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
- Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or to manipulate your presence on the Sites;
- Use the Services to violate the security of any computer network, steal passwords or security encryption codes, attempt to gain unauthorized access to the Services, or transfer or store illegal material, including material deemed threatening or obscene;
- Use any device, software or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
- Solicit any user for any investment or other commercial or promotional transaction; or
- Use the Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Unauthorized access to the Services is a breach of these Terms of Service and a violation of law. You agree not to access the Site or Services by any means other than through a supported web browser. We may at any time, without prior notice and in our sole discretion, terminate the membership of, or take any other appropriate action against any person who violates these Terms of Service. Illegal or unauthorized uses of the Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.
Registration and Security
Account Information from Third Party Sites
In order to gain full benefits from the FinSiteful Services, you will need to direct FinSiteful to retrieve certain financial or transactional information maintained online by third party financial institutions with which you have customer relationships, maintain accounts, or engage in financial transactions (Account Information). We will then use Plaid, a bank approved, secure third-party service to connect directly with your credit card company, bank or other online financial service providers to access certain Account Information. Such access will be read only and will not allow FinSiteful or any other party to transact on your behalf. More information on Plaid’s services and their Terms of Services can be found here.
Access To and Use of Your Information
We make no effort to review your Account Information for accuracy, legality, or non-infringement. We are not responsible for any products and services offered by or on third-party sites, including the sites of other advisers that may be mentioned in these Terms of Service. We cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings, or other Services interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. For example, Account Information may be stale as of the time viewed, which reflects the fact that time may have passed between the time the information is downloaded from the third-party financial institution and the time such information is viewed by you. Such information may be more accurate or up-to-date when obtained directly from the relevant financial institutions.
By submitting passwords, usernames, PINs and other login information through the Services, you are licensing that content to us solely for the purpose of providing the Services to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations. You hereby authorize and permit us to use such information to accomplish the foregoing and to configure the Services so that they are compatible with the third-party sites that maintain your Account Information. Such information will not be stored or used by FinSiteful for any purpose other than outlined above.
By submitting information, materials, and other content through the Services, you are licensing that content to us solely for the purpose of providing Services. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations. You hereby authorize and permit us to use such information to accomplish the foregoing.
Use of Third-Party Sites
Notwithstanding anything in these Terms of Service to the contrary, we shall have no authority to take or have possession of any assets in the accounts maintained by such third parties or to direct delivery of any securities or payment of any funds held in such account to itself or to direct any disposition of such securities or funds. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. While our Services may be affiliated and endorsed by the third parties with whom your Account Information is held from time to time, you should not assume that the Services are sponsored or endorsed by any third parties with whom your Account Information is held.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
We may provide mandatory automatic alerts and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain events of interest, such as changes made online to your FinSiteful or third-party partner accounts (e.g., a change in your password) or movements in your portfolio. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you as such functionality is available. We may add new alerts from time to time, or cease to provide certain alerts at any time at our sole discretion. Electronic alerts for a given account will be sent to the email address you have provided as your primary email address for that account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password or account numbers. However, alerts may include your User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We use reasonable best efforts to provide alerts in a timely manner with accurate information. However, except as otherwise provided herein, we neither guarantee the delivery nor the accuracy of the content of any alert. Furthermore, except as otherwise provided herein, you agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Removing Your Account for the Services
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by terminating and closing your account for the Services. To close and delete any account with us, please email us at info@FinSiteful.com or simply request to close your account from within the Services from the appropriate menu item.
Our Proprietary Rights
The Services (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Services are also copyrighted works. Except for the Content submitted by members or users, the Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by FinSiteful or its licensors. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content available on the Sites, in whole or in part, except as expressly authorized by us. Except as expressly provided herein, neither we nor our licensors grant you any express or implied rights. All rights in the Services and Content not expressly granted by us to you are retained by us.
Trade names, trademarks and service marks of FinSiteful include, without limitation, the name FinSiteful or FinSiteful, Inc., and all associated logos. All trademarks and service marks appearing on the Services that are not owned by us are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Interstate and International Nature of Communications
You acknowledge that in contributing Content or using the Services to send electronic communications, you will be causing communications to be sent through our computer networks, portions of which are located in various states and localities in the United States and portions of which may be located abroad. As a result, and also as a result of FinSiteful’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that the contribution of Content and use of the Services results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Note, however, that the Services are not intended for users outside the United States, so we do not submit to or subscribe to any other foreign laws that may be applicable to the Services, including privacy and data transfer requirements. If you happen to transfer data to us from a foreign jurisdiction, we will not be aware of this fact, and we will not endeavor to comply with the regulations of the jurisdiction from where the data was transferred.
Changes to the Agreement or the Services
You agree and understand that these Terms of Service and the Services themselves may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Services. You agree to review the Terms of Service periodically so that you are aware of any modifications. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATIONS INDICATES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF SERVICE. Unless we expressly state otherwise, any new features, new Services, enhancements, or modifications to the Services implemented after your initial access thereto shall be subject to these Terms of Service.
We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service shall survive any termination or expiration of these Terms of Service.
Jurisdiction and Agreement to Binding Arbitration
If there is any dispute about or involving the Services, you agree that the dispute will be governed by the laws of the State of California, without regard to its conflict of law provisions.
To the maximum extent enforceable under applicable law, you agree to indemnify and hold FinSiteful, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Services, (ii) the use of the Services by you or someone using your account, (iii) the submission of Contributed Content by you or someone using your account, (iv) the violation of these Terms of Service by you or someone using your account, (v) any violation of law in your use of the Services or in your dealings with other users of the Services or by someone using your account, or (vi) the infringement by you or by someone using your account of any intellectual property or other right of any person or entity.
Disclaimers and Limitations of Liability
The Services are provided by us on an “as is” basis. We and our licensors and affiliates make no representations or warranties of any kind, express, statutory, or implied as to the operation of the Services or any associated software or the information, content, materials, or products included on, or in association with, the Services. To the fullest extent permissible by applicable law, we and our licensors and affiliates disclaim all warranties, express statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We and our licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within or displayed through the Services.
We and our licensors and affiliates make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (v) any errors in the Services will be corrected.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. We are not responsible for the conduct of any user of the Services. We do not warrant or covenant that Services will be available at any time or from any particular location, will be secure or error free, that defects will be corrected, or that the Services will be free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. To the maximum extent permitted by law, no information, whether oral or written, obtained by any user from us or through or from the Services shall create any warranty not expressly stated herein.
Neither we nor the Services are intended to provide legal, tax, or, except as we may otherwise notify you in connection with the recommendations, financial advice. We are not a registered broker-dealer or tax advisor. Unless we specify otherwise, any advice we provide to you is based solely on the information provided by you, and may not take into account information that may be available in the context of a more detailed examination of your personal financial situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We will not check the accuracy of the information you provide to us. It is your responsibility to keep the information you provide to us up-to-date. In most cases, we will not ask you to provide additional information or ask you to update your existing information.
Neither we nor our affiliates shall be liable for damages arising from the provision or use of the Services, including the recommendations, except for damages resulting from our gross negligence or willful misconduct. Notwithstanding the foregoing, nothing in these Terms of Service shall constitute a waiver or limitation of your rights under any federal or state securities laws.
We shall not, directly or indirectly, be liable, in any way, to you or any other person or entity for any: (i) inaccuracies or errors in or omissions from the Content or Services including, but not limited to, any information or analysis posted by any other user, prices of securities and financial data; (ii) delays, errors, or interruptions in the transmission or delivery of the content or Services; or (iii) loss or damage arising from your use of the Content or Services thereon or by any reason of nonperformance.
Without limiting the generality of the foregoing, (a) we shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electrical, or communications failure or degradation and (b) neither we nor our suppliers will be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Notwithstanding anything to the contrary contained herein and to the maximum extent enforceable under applicable law, FinSiteful’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the fees received by FinSiteful in respect to your account in the 12 months prior to the action giving rise to liability.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING IN THESE TERMS OF SERVICE SHALL BE INTERPRETED TO WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
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