Terms of Use - financepal

Terms of Use
Effective: July 1, 2018
Last updated: July 1, 2018

Welcome to the FinancePal, LLC (referred to as “FINANCEPAL”, the “Company”, “we,” “us,” or “our”) website owned by FinancePal, LLC.Before you begin to use the FINANCEPAL website (the “Site”), please take a moment to review this Terms of Use Agreement (“Agreement”). The Agreement describes the terms and conditions that govern your use of the FINANCEPAL Site and the services provided through or in connection with the FINANCEPAL Site which may be updated by the Company from time to time without notice to you. The Company may also offer other services that are governed by a different Terms of Use Agreement.

You must read and agree with all of the terms and conditions contained in this Agreement and the FINANCEPAL Privacy Policy now in effect (“Privacy Policy”), which is incorporated by reference, before you use our Site. By using the FINANCEPAL Site, you hereby agree to abide by the Terms of Use and Privacy Policy.  If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our Site or utilize our services.

Eligibility and Conditions of Use
The FINANCEPAL Site is hereby offered to you conditioned upon your unqualified acceptance, without modification, of the terms, notices, and conditions of use contained in this Agreement. Your use of the Site constitutes your full agreement to all such terms, conditions, and notices, so read them carefully. Further, by using continuing to access our Site, you agree that you have read and understand the contents of these terms, conditions, and notices, and agree to be bound by them and any revision we may periodically post. Accordingly, it is recommended that you return to these terms and conditions periodically to review them for any additions or modifications to which you are unequivocally bound; these terms and conditions are a living document constituting a legally binding agreement between you and FINANCEPAL. The Company reserves the right to deny you access to our Site if it comes to our attention that you have violated the terms of this Agreement.

We respect your privacy, and the information that you provide to us will be treated in accordance with our Privacy Policy. Use of the FINANCEPAL Site is subject to the Terms and Conditions of our Privacy Policy, which you should read for additional information concerning your privacy within the Site.  You may find our Privacy Policy here.

If you have questions about these Terms of Use of the Privacy Policy please e-mail [email protected].

All material that appears within this Site is for general informational purposes only and you agree that you use it at your own risk. While we try to ensure that any information we post to this Site is both timely and accurate, it is possible that errors may appear from time to time for which we will not be liable. This Site may not be updated on a daily basis, and certain information may not be the most current information available. Though we may post follow-up information and reports, and may continue to provide access to the original information and reports, as in an archive of news stories, for example, we may not go back and change the original report to reflect new developments.

Third Party Content; Linking
For the convenience of our Site users, we may include links to other websites that are neither our own nor affiliated with us, and if you access these links you will be leaving our website and these Terms of Use will no longer govern. The Company takes no responsibility for, assumes no liability for, and cannot guarantee the performance of, any product or service provided by any business, advertiser, or others to whose sites we link.

Ownership of Content
The FINANCEPAL Site is owned and operated in its entirety by FINANCEPAL, and any such copyrights, trademarks, and other intellectual property rights as may be affiliated with our creation and ownership of such intellectual property as more fully described below.

Copyright and Trademark Notices
Although we make the FINANCEPAL Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the Site. The materials available through this website are the property of the Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to FINANCEPAL, at [email protected].

We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Company. We do not permit framing or inline linking to our website or any portion of it.

All material included within the Site, with the exception of the third party content as referenced above and governed by these Terms of Use, is the property of the Company and is protected by United States and international copyright laws. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); or (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor FINANCEPAL website content.

The Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company Marks”). You agree not to display or use the Company Marks in any manner, without Company’s prior written permission. Ownership of all such Marks and the goodwill associated therewith, with the exception of any third party Marks, remains with the Company and are protected by United States and international trademark laws. Nothing on the FINANCEPAL Site should be construed as granting, by implication or otherwise, any license or right to use any of the Marks contained on our Site. Your use of the FINANCEPAL Site Marks, except as provided herein, is strictly prohibited. All Marks not owned by the Company that are or may be referenced by name or by implication are the property of their respective owners.

You should report any violations of the Agreement to [email protected].

Copyright Infringement Policy
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code § 512(c)(2) (“DMCA”), the Company commits to investigating notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the FINANCEPAL Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Application containing the following elements as set forth in the DMCA:

  • A physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • Identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • Identification of the content you claim to be infringing and which you request be removed from the site or access to which is to be disabled along with a description of where the infringing content is located;
  • Information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • A statement by you that you have a good faith belief that the use of the content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • A statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
FinancePal, LLC
17 N State St., Ste. 1800
Chicago, IL 60602
Email: info @financepal.com

SMS and AutoDialed Call Consent and Other Electronic Communication
By sharing your telephone number with the Company, you expressly request and agree to receive information from FINANCEPAL and its affiliates via telephone call including to your cellular telephone or other mobile device, including through the use of an automatic telephone dialing system or artificial/ prerecorded voice, email, Facebook Messenger message, push notification, SMS or MMS (text) messages to your cellular telephone or other mobile device even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list. Such consent is not a requirement to purchasing any good or service that the Company may offer or is offering. Standard text message rates and cellular data charges apply. You may opt-out of certain of these communications within the settings of your device or by contacting us at [email protected].

You understand and acknowledge that electronic communications in general may be inherently unsecure at times, and that both the Company and you will take reasonable steps to maintain the Privacy of the communications that take place between yourself and FINANCEPAL.

Prohibited Activities; Disclosure
You are solely responsible for any information that you submit within the Site. By accessing or utilizing this Site, you agree not to submit, post, or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this Site or that infringes on the rights of others. You are prohibited from: (1) attempting to access data, servers, or accounts that you are not authorized to access; (2) interfering with our Site’s security protocols; (3) probing our network systems for vulnerabilities; (4) attempting to upload or otherwise transmit a virus or other hostile or harmful subroutine or other program, including launching of brute-force password attacks; or (5) in any manner violating applicable laws or regulations. We retain the right to deny or revoke access to anyone who we believe has violated these terms or any other term of this agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submission that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings within the Site to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Site.

You agree and acknowledge that the Company, in its sole discretion, reserves the right at any time to terminate your access to, and use of, the FINANCEPAL Site without any prior notice or liability, for any reason, including, but not limited to, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Application.

Violations of Terms and Conditions of Use
The Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet Protocol (IP) Address to the Application, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.

You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, and affiliates and all of their respective officers, directors, managers and other partners, employees, consultants and agents, from and against any and against all claims, losses, expenses, damages and costs (including reasonable attorney fees and court costs) resulting from resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.

Disclaimer of Warranties and Liability
You expressly agree that your use of this website is at your sole risk, and provided to you on an “as is,” and “as available” basis.  To the fullest extent permitted by the law, the company disclaims all warranties of any kind, either express or implied, including, but not limited to, warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose with respect to the this website.

Further, the company cannot and does not warrant that any material posted within this website environment is complete or accurate will be continuously available, or that the site will be free from interruptions, delays, errors, omissions, inaccuracies, or other problems inherently existent with such information. You expressly acknowledge and agree that the company has no control over, and cannot and does not warrant the accuracy of any information contained or purported to be materially contained within this website. You acknowledge that the company has no duty to warrant the accuracy of such information, and if you rely on this site or any material available through it, you do so at your own risk.

Limitations on Authority
You understand and acknowledge that to the fullest extent permitted by law, under no circumstances shall the company, its parents, subsidiaries, affiliates, officers, employees, directors, managers,  agents, or licensors be liable for any damages arising out of any reliance on the material contained within or peripheral to  this website, or errors, mistakes, omissions, file deletions, operational delays or delays related to transmission, nondelivery of information, or any other failure of performance, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages such as loss of profits, goodwill, use, data, or other intangible losses, even if advised beforehand of the possibility of such damages, regardless of the form or cause of action including, but not limited to, contract, negligence, strict and product lilability, and other tort actions.

You agree that in the event that you are in any way dissatisfied with the products offered on the FinancePal website, or bring any manner of legal claim in any way connected with this website, your sole and exclusive remedy shall be limited to discontinuance of the site and refund of your purchase price or any fees you may have paid to company.

Exclusions and Limitations
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 and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its abilities, the scope and duration of our liability shall be the minimum permitted under such applicable law.

Severability and Merger
Each provision of this living Agreement is possessed of fully independent force, effect, and significance. If any provision of this Agreement is, in any manner, found to be impermissible according to applicable law or invalid, such finding shall not affect the permissibility or validity of the remaining terms of this Agreement, which shall remain in full force and effect.  Further, these Terms and Conditions constitute the full and complete Agreement between the parties concerning the subject matter herein, and supersede any and all other agreements both oral and written.

Arbitration and Applicable Law
By visiting and/or using the FINANCEPAL Site from within the United States, you agree that the laws of the Illinois, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company or its affiliates.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the termination or the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois or in the county in which the consumer resides, in accordance with the laws of the state of Illinois for agreements to be made in and to be performed in Illinois. The parties agree, the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of arbitration (not including their own attorney’s fees), equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

Special Admonitions for International Use
Recognizing the global nature of the internet, if you use our Site from locations outside of the United States, you agree and are responsible for compliance with any applicable local laws. 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.  These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate the Company’s and/or its affiliates’ intellectual property rights, the Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois and you consent to exclusive jurisdiction and venue in such courts.

You agree that Company may submit any notices to you via either e-mail or regular mail. We may also provide notices by displaying them on the Site, or links to the notices on the Site.

Changes to Terms of Use
We may periodically change the Terms of Use and the Application without notice, and you are responsible for checking these Terms of Use periodically for revisions. All amended Terms of Use become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.

No Resale of Service
Unless expressly permitted in writing by the Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Site.

Feedback and Submissions
The Company invites and welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Site, and should be emailed to [email protected]. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to us, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Application will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Please print and retain a copy of these terms for your records.

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