(Effective: February 25, 2016)The www.finlocker.com website is owned and operated by FinLocker, LLC, a Delaware limited liability company, together with its affiliates, subsidiaries and partners, (“FinLocker”, “we”, “our”, or “us”). These Terms of Service (“Terms of Service” or “Agreement“) are intended to make you aware of the terms and conditions of your use of our websites and devices or applications (“Sites“) and the products and services offered through the Sites (“Services“). It applies to any Sites where this Agreement is referenced or linked to.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING, REGISTERING, USING OR ACCESSING AN ACCOUNT OR THE SITES AND ITS SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITES OR THE SERVICES, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITES, CREATE, REGISTER OR ACCESS AN ACCOUNT OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITES.
Description of the Services. Our Services allow you to provide, and grant access to, your financial information to third parties, such as your lender, you authorize to receive that information (each, an “Authorized Third Party“) in order to streamline certain transactions, such as a loan, between you and the Authorized Third Party. The standard Services are provided to you without charge (it is free) and are meant to provide you with an easier and more predictable loan process. We may also offer premium Services from time to time that may be provided to you at a cost. The Services may also provide you with information relating to products or services of third parties, including the Authorized Third Parties (“Third Party Offers“), as well as provide you general tips, recommendations and educational material.
Agreement to Terms. By using the information, tools, features, software and functionality including content, updates and new releases of the Sites or Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the FinLocker.com website), or a “Consumer” (which means that you have registered an account with FinLocker.com in order to utilize our Services, whether directly on our Sites or otherwise). The term “you” refers to a Visitor or Consumer.
Additional Terms. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by us, including through a registration process or other means. In the event of a conflict between the Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Updates/Modifications. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any changes will constitute your agreement to such changes. You agree that we will not be liable to you or to any third party for any modification, suspensions or discontinuance of the Services.
Your Ability to Contract. You may not use our Services and you may not accept this Agreement if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with us. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of another person, company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
You may provide to us or direct us to retrieve (to the extent maintained online) your own data, communications, personalization settings and other information maintained online by third parties with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). We work with one or more online service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We cannot always foresee or anticipate technical service interruptions or other difficulties which may result in failure to obtain Account Information or loss of Account Information. We do not assume responsibility, and are not in any way liable, for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such Sites. Such information may be more up-to-date when obtained directly from the relevant Sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
Using the Services, you can select what portion of Account Information are provided to or accessed by Authorized Third Parties. Your Account Information in the possession of an Authorized Third Party, and their use of that information, will be governed by the privacy policies and other applicable policies of that Authorized Third Party. Typically Authorized ThirdParties are permitted to share Account Information with other third parties such as third parties who are affiliated, transacting or working with, or otherwise providing services on behalf of a Third Party Partner (“Other Third Party”). Authorized Third Parties may also share or delegate to an Other Third Party their access to Account Information.
Verifying Your Identity. In order to allow you to use the Services, you will need to sign up for an account with us. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering acredit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Confidentiality of Your Log-In. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your log-in credentials and e-mail address, allows you to access the Sites and Services. Your log-in credentials and e-mail address, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Sites, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Sites, accessible through any standard, commercially available internet browser.
Unauthorized Use & Fraud. If you become aware of any unauthorized use of your Account or Registration Information for the Services, you agree to notify us immediately at the email address found at the end of this Agreement. If you believe that your Registration Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an unauthorized third party may be accessing your Account Information, you must notify us immediately in order to minimize your possible losses.
True & Accurate Information. Your right to access and use the Sites and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable us to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web Sites, and you may not misrepresent your Account or Registration Information. In order for the Services to function effectively, you must also keep your Account and Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account and Registration Information and other information necessary to facilitate your use of the Services.
Your Representations About Your Information. For any information that you provide via the Sites or Services, you hereby represent and warrant that:
Prohibited Uses. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Sites or any part thereof, which includes, without limitation:
(a) use of the Sites or Services to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, embarrassing, hateful or racially, ethnically or otherwise objectionable;
(b) use of the Sites or Services to post, store or disseminate information, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
(c) use of the Sites or Services to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Sites, to restricted portions of the Sites, to Services, or any other computer network or equipment;
(d) use of the Sites or Services to post, store or disseminate any type of computer viruses, trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
(e) use of the Sites or Services to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Sites or Services (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Sites or Services);
(g) use of the Sites or Services to gain competitive intelligence about us or to otherwise compete with us or our affiliates, resell or use the Sites or Services for the benefit of any other entity other than you or use the information in the Sites or Services to create or sell a similar product or information;
(h) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users;
(i) use anything intended to damage or interfere with the proper functioning of the Sites or Services and the systems to which it connects or do anything that interferes with any other person’s use of the Sites or Services including framing or otherwise simulating the appearance or functions of the Sites or any portion thereof;
(j) attempt to copy, reproduce, change, disassemble, reverse engineer, decrypt, frame or translate the Sites or Services or otherwise attempt to learn, access, decompile, reverse engineer or otherwise derive the source code, structure, or ideas upon which the Sites or Services are based or attempt to copy, change, delete or alter any Content; or
(k) use of the Sites to engage in any activity that, as determined by us, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
From time to time, we may include new and/or updated pre-release features and trial use services (“Test Services”) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Test Services is voluntary and we are not obligated to provide you with any Test Services. Furthermore, if you decide to use the Test Services you agree to abide by any rules or restrictions we may place on them. You understand that once you use the Test Services, you may be unable to revert back to the earlier version of the same or similar Service. Test Services are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Test Services is at your sole risk.
License to Use. By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Services or by directing us to retrieve Account Information, you are licensing that content and Account Information to us for the purpose of providing the Services. We may use and store the content and Account Information in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit the Account Information to us, and have the authority to allow us to retrieve Account Information, for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations.
Express Authorization. By using the Services, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the enrollment feature of the Services, you will be directly connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log into the Services. You hereby authorize and permit us to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.
Limited Power of Attorney. For purposes of this Agreement and solely to access and retrieve the Account Information and provide and upload the Account Information to you as part of the Service, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. 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 THAT OPERATES THE THIRD PARTY SITES.
No Endorsement. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. We are not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate Account Information.
Content. You acknowledge that the Sites and its Services may contain or provide access to general tips,recommendations, educational material, data, information, designs, compilations, magnetic translations, digital conversions, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties (collectively, “Content”) that are owned by us or one of our affiliates or vendors, and protected by copyright, patent, trademark, trade secret or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not use images, trademarks, service marks, logos and/or icons displayed on the Sites or Services as these are our property and/or our licensors’ and may not be used without our written permission. You may not obscure, alter or remove any copyright notices, proprietary rights or other notices contained in or on the Sites or Services. All copyrighted material, trademark, service mark, legal, proprietary or other notice must not be removed from the Sites or Services and the Content you may access. Unless otherwise specifically noted in these Terms of Service or on the Sites or Services, images, trademarks, service marks, logos and icons displayed on the Sites and Services are our property or the property of our licensors and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties.
License. We hereby grant you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Sites and Services solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service. All rights not otherwise expressly granted by these Terms of Service are reserved by us. If you do not comply with the Terms of Service at any time, we reserve the right to revoke the aforementioned license(s), limit your access to the Sites or Services or restrict your ability to post or download. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Sites or Services. You may not obscure, alter or remove any copyright notices, proprietary rights or other notices contained in or on the Sites or Services. Any distribution, reprint or electronic reproduction of any content from the Sites or Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Sites or Services or content in a manner that violates any applicable law, regulation or this Agreement. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Sites and Services.
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FINLOCKER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. 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.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
NEITHER FINLOCKER NOR THE SITES OR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FINLOCKER IS NOT A FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR. The Sites and Services are intended only to assist you in the organization of your information that you provide to us, and all Content, whether or not expressly directed to you, is for information purposes only and should not be relied upon by you in any way, including, without limitation, as any advice. Your personal financial situation is unique. Accordingly, before making any final decisions or implement any financial strategy, you should consider obtaining additional information and advice from your accountant, lawyer and financial advisers who are fully aware of your individual circumstances.
We use reasonable efforts to maintain the Sites and Services, but we are not responsible for any defects or failures associated with the Sites or Services, any part thereof, any Content contained within the Sites or Services, your information or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Sites or Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures, upgrades or repairs which we may undertake from time to time, or (c) causes beyond our
control or which are not foreseeable. We will not be liable for failure to provide access to the Sites or Services for any reason whatsoever.
FINLOCKER AND ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS AND SUPPLIES (COLLECTIVELY, “SUPPLIERS”) MAKE NO PROMISES ABOUT THE SITES, SERVICES OR CONTENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITES, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FINLOCKER AND ITS AFFILIATES AND SUPPLIERS MAKE NO COMMITMENTS ABOUT THE RELIABILITY, AVAILABILITY, OR SECURITY OF THE SITES, SERVICES AND CONTENT AND RELATED TRANSMISSION OF YOUR INFORMATION. FINLOCKER AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO FINLOCKER), AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
NEITHER FINLOCKER NOR ANY OF ITS AFFILIATES OR SUPPLIERS GIVES ANY WARRANTY OF ANY KIND REGARDING THE SITES, SERVICES OR CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINLOCKER AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTY (A) THAT THE SITES, SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THAT USE OF THE SITES, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SITES, SERVICES OR CONTENT, OR (D) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITES, SERVICES OR CONTENTS WILL BE ACCURATE OR RELIABLE, AND DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS OR DAMAGE CAUSED BY ANY SUCH ISSUES, WHETHER SUCH ISSUES RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.
ANY CONTENT OR OTHER MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITES OR SERVICES IS DONE AT YOUR SOLE 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 CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
NEITHER FINLOCKER NOR ANY OF ITS AFFILIATES OR SUPPLIERS BEAR OR OTHERWISE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES, PRODUCTS, ACTIONS OR INACTIONS OF ANY AUTHORIZED THIRD PARTY OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE POSSESSION AND USE OF ACCOUNT INFORMATION BY SUCH AUTHORIZED THIRD PARTY OR OTHER THIRD PARTY.
FinLocker’s services are not provided by a “consumer reporting agency,” as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”) and do not constitute “consumer reports,” as that term is defined in the FCRA. FinLocker’s services may be used to assist entities in processing data that may be relevant to a determination of eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. However, FinLocker’s services do not provide any findings bearing on a consumer’s credit worthiness and should not be used as such. Further, due to the nature and origin of public record information, the public records and commercially available data sources used by FinLocker may contain errors.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FINLOCKER OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, LOST OR DAMAGED DATA OR OTHER INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES, OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (IV) ANY OTHER MATTER RELATING TO OR CONNECTED WITH THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITES OR SERVICES, OR IN THE EVENT OF ANY FAILURE OR NON-PERFORMANCE OF THE SITES OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITES OR SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN NO EVENT SHALL FINLOCKER AND ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES OR OTHERWISE GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to release us, our members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Sites or Services. If at any time you are not happy with the Sites or Services or object to any material within them, your sole remedy is to cease using them. You agree to defend, indemnify and hold us, our officers, members, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Sites, Services or Content or any part thereof, (b) any Account Information, Registered Information and other information you provide to us, to which you provide us access or you post via the Sites, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of ours or third parties by you, or (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) your use of any Content provided by us.
Termination by You. 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 contacting us at the contact information at the end of this Agreement or by closing your account electronically:
Termination by Us. We may at any time, terminate our legal agreement with you and your access to the Services:
You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
Copyright Notice. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our Designated Agent the following information: (a) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Sites or Services sufficient to allow us to locate the allegedly infringing material; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The information specified above must be sent to FinLocker’s Designated Agent, whose contact information is as follows: FinLocker, LLC, Attention: DMCA Designated Agent 7801 Forsyth Boulevard, Suite 200, St. Louis, Missouri 63105 Email: firstname.lastname@example.org.
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Counter-Notice. If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Designated Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in St. Louis County, Missouri, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Removal of Content. Please note however, such content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your content has been incorporated into derivative works or compilations created by us or other parties; (b) such content has been retained in our data backup systems or for archival purposes; or (c) to the extent such content has been sold to or downloaded by other persons and such persons retain your content.
Independent Contractors. The parties are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
Waiver/Severability. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Notice. Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either party’s last known post office, facsimile or email address, respectively. You hereby consent to notice by email. We may send you via such email address our newsletters, product updates, service-related information and other offers and information from us or our business partners, and you hereby consent to such emails. We may also contact you by email to respond to any customer service or other inquiries you submit.
Law/Forum. This Agreement is governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be brought by either party in a court of competent jurisdiction located in St. Louis County, Missouri, and each party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each party hereby expressly and irrevocably waives the right to a jury trial. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any proceeding arising out of or related to this Agreement. No action arising under this Agreement may be brought by you more than one (1) year after the cause of action has accrued.
Equitable Relief / Fees. The parties agree that breach of the provisions of this Agreement, including, but not limited to, the unauthorized use of the Services, would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Survival. The terms and provisions of Sections 4, 7 – 9, 12 – 14, and 17 shall survive any termination or expiration of this Agreement.
Assignment. You shall not assign or transfer this Agreement or any rights or obligations under this Agreement. Any unauthorized assignment or transfer shall be void and constitutes ground for immediate termination of this Agreement by us. This Agreement binds and inures to the benefit of us and our respective permitted successors and permitted assigns.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Contact. The Sites are operated by FinLocker, LLC. All inquiries may be directed to FinLocker at:FinLocker, LLC
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