Last Updated: October 1, 2019
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND FISECAL WILL BE RESOLVED BY MANDATORY ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
The communications between you and Fisecal use electronic means, whether you use the Services and/or Consulting Support or send us emails, or whether Fisecal posts notices on the Services and/or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Fisecal in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fisecal provides to you electronically satisfy any legal requirement that such communications would satisfy as if it was a hardcopy writing. The foregoing does not affect your non-waivable rights. Electronic notices should be sent to info@Fisecal.com.
Modification to Services. Fisecal reserves the right to modify and/or discontinue, temporarily and/or permanently, the Services and/or any features or portions thereof without prior notice. You agree that Fisecal will not be liable for any modification, suspension and/or discontinuance of the Services or any part thereof.
ELIGIBILITY, USE OF SERVICES, ACCOUNTS AND RESTRICTIONS
Use of Services and Availability. Fisecal retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your Account due to circumstances both within our control (e.g., routine maintenance) and outside of Fisecal’s control.
Account Security. You are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Fisecal of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Fisecal will not be liable for any loss and/or damage arising from your failure to comply with this provision. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you commit fraud and/or falsify information in connection with your use of the Services, your Account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
Third Party Accounts; Authorization. You may direct Fisecal to retrieve your information (“Account Information”) maintained online by third-party financial institutions with which you have a relationship, maintain accounts, and/or engage in financial transactions. Fisecal facilitates access of the Account Information by entering into agreements with third parties or through your input of information through your Account on the Service. Fisecal does not review the Account Information for any purpose, including but not limited to accuracy, legality and/or noninfringement. You hereby expressly authorize Fisecal to access your Account Information maintained by identified third-parties, on your behalf. Without limiting the foregoing, if the Account Information relates to an account held with any entity governed by the Telecommunications Act of 1996 and/or any rules or regulations of the Federal Communications Commission, you hereby consents to the transmission of the Account Information to Fisecal. You authorize and/or permit Fisecal to use and/or store information submitted (such as account passwords and/or user names) to perform the Services and/or provide an Account through the Services. You acknowledge and agree that when Fisecal is accessing and retrieving Account Information, Fisecal is acting on your behalf and not as an agent of any third party accessible through the Services.
Alerts, Notifications and Communications. By creating an Account, you automatically sign up for various types of alerts via e-mail and/or mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly. We never include your password in these communications, but we may include your name, or email address and information about your information if you are a Client. Anyone with access to your e-mail and/or mobile device will be able to view these alerts. You may unsubscribe from marketing-oriented emails at any time.
Prohibited Activities. Fisecal reserves the right to investigate and terminate your access to the Services, if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful and/or illegal. You further agree not to: (i) “stalk” or otherwise harass any person; (ii) express and/or imply that any statements you make are endorsed by Fisecal without our specific prior written consent; (iii) use any robot, spider, site search/retrieval application, or other manual and/or automatic device and/or process to retrieve, index, “data mine”, or in any way reproduce and/or circumvent the navigational structure or presentation of the Services or its contents; (iv) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights; (v) remove any copyright, trademark or other proprietary rights notices contained on the Services; (vi) interfere with or disrupt the Services or the servers or networks connected to the Services; (vii) post, email and/or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (ix) “frame” or “mirror” any part of the Services, without Fisecal’s prior written authorization; (x) use meta tags and/or code or other devices containing any reference to Fisecal or the Services in order to direct any person to any other web site for any purpose; (xi) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile and/or otherwise disassemble any portion of the Services or any software used on the Services or cause others to do so.
OWNERSHIP AND PROPRIETARY RIGHTS AND LICENSES
Non-commercial Use. The Services is for your personal use only and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of Fisecal. Organizations, companies, and/or businesses may not create an Account and should not use the Services for any purpose. Use of the Services is with the permission of Fisecal, which may be revoked at any time, for any reason, in Fisecal’s sole and absolute discretion.
Reservation of Rights. The materials and content on this Services, as well as the organization and layout of this Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Fisecal and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
User Content. All content or information added, created, uploaded, submitted, distributed, and/or posted to the Services (collectively “User Content”), is the sole responsibility of the person who originated such User Content. Fisecal may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Fisecal is not obligated to take any action not required by law. You hereby grant Fisecal a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose, including but not limited to the ability to reproduce, edit, create derivative works, publicly perform, and public display the User Content in any form and in any and all media or distribution methods (now or later developed). You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services and/or Consulting Support (“Feedback”), then you further grant to Fisecal a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Fisecal has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Blocking of IP Addresses. In order to protect the integrity of the Services, Fisecal reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Services.
DIGITAL MILLENNIUM COPYRIGHT POLICY.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iii) your address, telephone number, and email address; (iv) a written 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; 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.
Fisecal’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Fisecal, 311 W 50th St., New York, NY 10019 or at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, descriptions, pricing, offers, Pre-Existing Materials and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
FOR A USER WHO IS NOT A CLIENT
Separate Agreements. You understand and acknowledge that the results you could obtain from investment information and financial insights provided by Fisecal cannot be guaranteed and that Fisecal cannot be held responsible. Financial consulting services may be offered to individuals who become Clients, at the sole discretion of Fisecal. Your election to engage our consulting services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule.
Advice. You agree and understand that your use of the Services is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree that you are responsible for your own research and financial decisions, that Fisecal is only one of many tools you may use as part of a comprehensive financial education process, that you should not and will not rely on Fisecal as the primary basis of your financial decisions and, except as otherwise provided for herein, Fisecal will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive or otherwise see on our the Services.
DISCLAIMERS OF WARRANTIES
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF FIRST USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FISECAL AND/OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
YOUR USE OF THE SERVICES, CONTENT AND/OR MATERIALS IS AT YOUR OWN RISK. IN NO EVENT SHALL FISECAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FISECAL HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY FISECAL ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, FISACEL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
FISECAL’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, CONTENT AND/OR MATERIALS IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO FISECAL IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100.00).
LINKS; THIRD PARTY SERVICES
Links. The Services may provide, or third parties may provide, links to other websites and/or resources. Because Fisecal has no control over such sites and/or resources, you acknowledge and agree that Fisecal is not responsible for the availability of such external sites and/or resources, and does not endorse and is not responsible and/or liable for any content, advertising, products and/or other materials on or available from such sites and/or resources. You further acknowledge and agree that Fisecal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site and/or resource.
Third Party Content, Products and Services (including Advertising and Promotions). Fisecal may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse and/or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement and/or adoption by Fisecal of any site and/or any information contained therein, and can make no guarantee as to its accuracy or completeness. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services. Fisecal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature and/or reliability of websites linking to the Services. Such sites are not under the control of Fisecal and Fisecal is not responsible for the content of any linked site and/or any link contained in a linked site, or any review, changes and/or updates to such sites. We disclaim all warranties, express and implied, as to the accuracy, validity and legality and/or otherwise of any materials and/or information contained on such Third Party Content.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in New York County, New York USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or Fisecal may assert claims, if they qualify, in small claims court in New York County, New York. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Fisecal’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Fisecal agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Fisecal consent to the foregoing exclusive venue and jurisdiction.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Services, by using the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
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