All goods, services, and software available through the web domain fintechinnovations.com and any applications marketed or provided through that domain.
Each such resource including all content, functionality and services offered on or through each resource, is a “Resource.”
“You,” “yours,” and similar words mean the user of a Resource. If a Resource is used by an individual, for, or on behalf of, an organization, (a) “you,” “yours,” and similar words mean the individual and the organization jointly and severally, (b) the individual binds the organization to these Terms or Use, and (c) the individual represents and warrants to FinTech and its licensors that the individual has the authority to bind the organization.
Resource Access and Use
All information that you provide when you register or otherwise begin using any Resource must be correct, current and complete. All information you provide is governed by the Privacy Statement and you consent to all actions we take with respect to this information consistent with the Privacy Statement, including any revisions to the Privacy Statement.
If you choose, or are provided with, a user name, password, or other information as part of our access or security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to any Resource or portions of it using your user name, password or other security information. You must inform us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you.
We may withdraw or amend any Resource, and any service or material provided on any Resource, at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of any Resource is unavailable at any time or for any period.
If you upload information to be analyzed by FinTech’s applications and/or services, such as FDMEE Insight, (“Log Information”), you must comply with the Privacy Statement with respect to such information. Additionally, FinTech may perform its own analysis of Log Information for the purposes of providing FinTech’s goods and services to you and improving FinTech’s goods and services. FinTech will not use any Log Information (e.g. account numbers and other business information) for any other purpose.
- In any way that violates any applicable law or regulation.
- To send or cause to be sent any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or similar solicitation.
- To impersonate or attempt to impersonate FinTech, a FinTech employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any such person or entity).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Resource, or that, as determined by us, may harm FinTech, users of any Resource or others.
- In any manner that could disable, overburden, damage, or impair any Resource or interfere with any other party’s use of a Resource.
Additionally, you may not:
- Use any robot, spider, or other automatic device, process or means to access any Resource for any purpose, including monitoring or copying any of the material on any Resource.
- Copy, reverse-engineer, attempt to discover or derive the source code of any Resource.
- Provide any Resource to a third party, whether for compensation or otherwise, whether as part of a service bureau or otherwise.
- Use parallel sessions, virtual users, or any other means that would allow the utilization of a resource at a rate or intensity, or with an efficiency, greater than that of an unaided human operator of the Resource.
- Introduce any virus, Trojan horse, worm, logic bomb, spyware or other malicious or other harmful or malicious code or other material.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of a Resource, the server on which any Resource is stored, or any network, server, computer, equipment or database connected to any Resource.
- Attack any Resource using a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of any Resource.
- Export any Resource to, or use any Resource in, any jurisdiction in which the same is prohibited and/or in violation of any US or other export regulation.
- Monitor any network or other traffic to, from, or on any Resource other than your own.
- Benchmark any Resource against any other good, service, or software or provide the results of any such benchmarking to any third party.
Ownership of the Resource(s)
As between you and FinTech, each Resource and all of its content, features, and functionality are owned by FinTech, its licensors, or other providers of such material and is protected by United States and international copyright (© 2018 FinTech, its licensors, or other providers of such material), trademark, patent, trade secret and other law relating to intellectual property or other proprietary rights.
Information Sharing and User Contributions
A Resource may allow sharing of information in many ways, such as personal profiles, activity feeds, blog posts, discussions, polls, embedding, direct messaging features, and other interactive features that allow users to post, submit, publish, display or transmit (“submit”) content or materials for viewing by FinTech, other users, or the public (each such item being a “User Contribution”) on or through a Resource.
We do not claim ownership of your User Contributions. However, by submitting any User Contribution to any Resource, you grant to us a worldwide, perpetual, irrevocable, nonexclusive, transferrable, sublicensable right and license to use, reproduce, modify, perform, display, distribute, publish, transmit, and process the User Contribution for any purpose related to any Resource without compensation to you or others. User Contributions that you submit may be seen by other users. Where we have made settings available, we will use commercially reasonable efforts to honor the choices you make about who can see your User Contributions.
With respect to any User Contributions you submit, you represent and warrant that you have the right to submit such User Contributions and to grant the right and license granted above. You understand and acknowledge that you, and not FinTech, are fully responsible for the legality, reliability, accuracy and appropriateness of all User Contributions you submit.
You will not submit any User Contribution that does not comply with all applicable federal, state, local and international laws and regulations and the following standards (our “Content Standards”):
- User Contributions must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- User Contributions must not be, or promote, sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, sexual identity, age, height or weight.
- User Contributions must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other proprietary right.
- User Contributions must not be likely to deceive any person.
- User Contributions must not promote any illegal activity, or advocate, promote or assist any unlawful act.
- User Contributions must not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- User Contributions must not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- User Contributions must not give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
FinTech may permit other users of a Resource to re-publish or otherwise use your User Contributions outside the scope of a Resource for purposes related to, or consistent with the purposes of, any Resource.
Monitoring, Enforcement and Termination
We may, but need not:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of any Resource.
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any Resource.
Links from a Resource
If a Resource contains links to other Resources and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from a Resource, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Warning regarding Other Users of Resources
WE DO NOT INVESTIGATE OR VET ANY USERS OF ANY RESOURCE. YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH ANY RESOURCE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE RESOURCES AT YOUR OWN RISK. WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF A RESOURCE OR OTHERWISE.
Disclaimer of Warranties and Limitation of Liability
YOUR USE OF ANY RESOURCE, ITS CONTENT, AND RESULTS OF THE USE OF ANY RESOURCE IS AT YOUR OWN RISK. EACH RESOURCE, ITS CONTENT, AND ANY R3ESULTS OBTAINED USING ANY RESOURCE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER FinTech NOR ANY PERSON ASSOCIATED WITH FinTech MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY RESOURCE OR REPRESENTS OR WARRANTS THAT ANY RESOURCE, ITS CONTENT, OR ANY RESULT OF USE OF ANY RESOURCE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY RESOURCE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY RESOURCE OR ANY SERVICES OR RESULT OF USING ANY RESOURCE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN NO EVENT WILL FINTECH OR ANY OF FINTECH’S DIRECT OR INDIRECT AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, TRUSTEES BE LIABLE FOR DAMAGES OR OTHER LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, ANY USE OF, OR INABILITY TO USE, ANY RESOURCE, INCLUDING, BUT NOT LIMITED TO, 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, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FinTech and FinTech’s direct and indirect affiliates, licensors, and service providers, and its and their respective officers, directors, trustees, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to:
- Your User Contributions;
- Any actual or alleged violation of law resulting from your use of any Resource;
- Your use of any information obtained from, or using, a Resource.
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit FinTech to locate the material;
- information reasonably sufficient to allow FinTech to contact the complaining party (e.g., an address, telephone number, and email address);
- a statement that the complaining party has 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement on or by any Resource please contact:
CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of a Resource establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, any Resource, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
Use Outside the United States
We make no claims regarding access or use of any Resource or its content outside of the United States. If you access a Resource or its content from outside the United States, you are responsible for compliance with the laws and regulations of your jurisdiction.
Governing Law and Jurisdiction
This Agreement shall be governed in all respects by the laws of the State of California without regard for its conflict of laws provisions.
- The language of the arbitration will be English;
- The place of the arbitration will be Sacramento, California or Detroit, Michigan;
- The parties will cause the arbitrator(s) to, to the maximum extent permitted by the applicable rules, permit participation in the arbitration by remote means, including, but not limited to, videoconference and teleconference; and
- The judgment and award of the arbitrator(s) may be entered in, and enforced by, any court of competent jurisdiction.
If, for any reason a claim proceeds in court rather than in arbitration, you and we waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.