1. LICENSE AND CONFIDENTIALITY
FYNANC is providing you with a non-exclusive, revocable, and non-transferable license to use the Site and any proprietary information, materials and resources you purchase or access on the Site (the “Site Information”) solely for your own personal use and not for sale or distribution to any other person. You will hold any Site Information in confidence and will not use it for any unauthorized purpose. Site Information is either owned by FYNANC or furnished with consent of its owner or under a license from its owner. Site Information is protected by US and international copyright laws and other laws protecting intellectual property rights. You do not acquire ownership of any intellectual property rights in any of the Proprietary Information. All rights not expressly granted by these Terms are reserved to FYNANC.
FYNANC reserves the right to revise this Agreement or the Site from time to time in ways that may be favorable or unfavorable to you. The Agreement will always be available on the Site, and if it has been modified, the link to it on the Site will be flagged or modified in a manner that FYNANC reasonably believes will give notice that changes have been made. Upon such posting of a revised version of this Agreement on the Site, it will take effect between FYNANC and you as of the next time you access the Site, regardless of whether you actually notice or read the revised Agreement.
3. USE OF SITE
You agree that you will NOT do any of the following, and that your access to restricted portions of the Site may be immediately terminated without notice if you do any of the following:
Share your login password (if any) with any other person, or otherwise allow anyone else to access restricted portions of the Site using your login name.Use the Site in any way that is in conflict with the law in your jurisdiction.Post or transmit anything false, misleading, offensive, insulting, libelous, or obscene on the Site.Use the Site to harass, threaten or deceive anyone, to obscure your identity, or to invade anyone’s privacy.Collect or aggregate user information accessible through the Site for commercial use or redistribution.
4. ACCESS TO THE SITE
From time to time, FYNANC may modify or discontinue features of the Site, or may restrict access to certain features, or may change the price of products or services sold on the Site, without prior notice and without liability. FYNANC’s goal is to provide you with a useful, stable and available Site but cannot guarantee that there will be no difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the Site is provided strictly on an “as is” basis. You agree that FYNANC will have no liability for any delays in transmission of your data, data loss, service interruptions or retention of user settings. FYNANC reserves the right to change or discontinue, either temporarily or permanently, any feature of the Site at any time and without prior notice and without liability. If you materially breach this Agreement, fail to pay any required fees, or commit any misconduct that FYNANC believes is detrimental to FYNANC, FYNANC may immediately terminate your access to restricted portions of the site without prior notice and without liability.
5. MOBILE MESSAGE SERVICE
(Last updated: 04/05/2021)The FYNANC mobile message service (the “Service”) is operated by FYNANC (“FYNANC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to FYNANC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of FYNANC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders, event reminders, event updates etc.).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with FYNANC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 14084405536 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other FYNANC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice http://fynanc.com/privacy-policy/
6. PRIVACY AND COMMUNICATIONS
7. NO LEGAL, TAX OR INVESTMENT ADVICE
FYNANC is an education company, and its products and services are intended to provide information and technical assistance, not legal, tax or investment advice. While FYNANC takes reasonable efforts to correct known errors or inaccuracies in the information contained in its products and services, FYNANC does not warrant the correctness, completeness, or accuracy of any that information, nor the applicability of that information in any particular situation. Laws frequently change, vary widely from one jurisdiction to another, and are subject to inconsistent and sometimes unpredictable interpretations by the courts. FYNANC’s products and services are not a substitute for the advice of an attorney or a tax or investment professional. Customer is strongly advised to consult with an attorney or other professional advisor when questions arise about the law of a particular jurisdiction, how the law applies in any particular situation, the tax implications of any course of action, or the suitability of any investment.
8. INDEMNITY AND HOLD HARMLESS
Your use of the Site is solely at your own risk, and you are solely responsible for your own decisions and actions. FYNANC is not responsible for and has no liability with respect to actions or omissions of anyone using the Site. As a condition to your use of the Site, you waive and release any and all claims, causes of action, or other rights you may have against FYNANC arising out of or relating to any information that anyone may transmit onto the Site or otherwise make available through the Site. You further agree to indemnify, defend (including payments of reasonable attorney’s fees) and hold harmless FYNANC and its coaches, instructors, officers, owners, agents, employees, and affiliates (collectively the “FYNANC Parties”) from and against any and all claims, losses, costs, demands, damages, suits, judgments, penalties, liabilities, causes of action arising from or in any way related to the Site or your activities on the Site or information obtained on the Site.
9. WARRANTIES AND DISCLAIMERS
The Site (including all Site Information) is provided on an “as is” basis. To the fullest extent permitted by law, FYNANC disclaims any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. FYNANC makes no warranty that (a) the Site will meet your requirements; (b) the results that may be obtained from the use of the Site will meet your expectations; or (c) the quality of the Site will meet your expectations. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Testimonials may not represent typical results, and individual experiences and past performances do not guarantee future results. As with any business undertaking, there are significant risks that you should understand before proceeding with any transaction described on the Site. Individual experiences and past performance do not guarantee future results. Your actual results will depend on many factors, including your individual capacity, business experience, expertise, and level of dedication and motivation.
10. LIMITATION OF LIABILITY
Under no circumstances will FYNANC’s total liability in any way arising out of or relating to the Site, or materials purchased or accessed through the Site exceed the actual amount paid to FYNANC for materials you purchased or accessed through the Site. Neither party will be liable, either in contract or in tort, for any consequential, incidental, indirect, special or punitive damages, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity arising out of or related to the Site or any activities on the Site, or any breach of this Agreement, whether or not the possibility of such damages has been disclosed to the other party in advance or could have been reasonably foreseen by the other party.
You and FYNANC each waive the right to a trial by jury or to participate in a class action. All claims and disputes arising under or relating to this Agreement or any of FYNANC’s products or services will be settled by binding arbitration in or near San Jose, California, or another location mutually agreeable to the parties. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association. Any such arbitration will be conducted by an arbitrator experienced in education or finance. An award of arbitration may be confirmed in a court of competent jurisdiction. This contract will be governed by California law (excluding its choice of law rules). Except as provided in the AAA Rules, neither party will be awarded attorney’s fees.
12. COMPLETE AGREEMENT; INCONSISTENCIES
This Agreement contains the complete contract between you and FYNANC pertaining to the Site, and supersedes any prior agreements, understandings, statements, or representations regarding the Site, whether oral or in writing, and whether express or implied. In the event of any inconsistencies between this Agreement and another agreement between you and FYNANC that is tailored to a specific product or service of FYNANC, the more specific agreement will control.
Your access to the Site is personal to you and may not be assigned to or shared with any other person without the written consent of FYNANC. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. If any provision of this Agreement is held unenforceable, such provision will be deemed modified, limited or eliminated to the minimum extent necessary to give effect, as fully as possible, to the intentions of the parties as expressed in this Agreement.