END USER TERMS AND CONDITIONS OF USE
FinPricing provides this Internet Application Software and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully.
IMPORTANT — READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT:
These terms and conditions constitute a legally binding agreement between FinPricing (the Company) and you, the end user. This Agreement governs the access and use of services for which You register and which are provided by or through the Company systems. If you have any questions, we encourage you to seek independent legal advice prior to clicking on the “ACCEPT” button. By law, clicking on “ACCEPT” binds you to the terms and conditions of this agreement.
The service is offered to end users conditioned upon user’s acceptance without modification of this Agreement.
1. User equipment
a) You are solely responsible for supplying your own equipment (which may include a personal computer system, telephone, telephone lines and modem), Internet communications software and operating system software which conform to the Company’s standards for use with the Software, and for maintaining the equipment in good working order, all at your own expense.
b) You will only copy and use the Software on a machine at which you are the primary user. You represent and warrant that you possess the necessary skills to operate the equipment and software. The Company will not provide support or assistance relating to any hardware or any software other than the Software which provided by the Company.
2. User name and password
a) You are solely responsible for all use of FinPricing’s services through your user name, password and/or personal identification number, whether authorized or not. You will not permit others to use FinPricing’s service through your user name, password, and/or personal identification number.
b) You are responsible for the security of your user name, password and personal identification number.
c) You will be solely liable for any losses, damages, costs or expenses from the use of your user name, password and personal identification number by others, whether authorized or not.
3. Privacy and personal information
a) You may be requested to provide your personal information when you register an account with the Company software. These may include your username, password, address and/or payment and billing information which are used to access the Company Services. The Company reserves the right to request any additional information necessary to establish and maintain your account for use of the Services.
b) The Company will use all reasonable efforts to safeguard the confidentiality of your information data. However, transmissions made by means of the Internet cannot be guaranteed to be secure. The Company has no liability for disclosure of such data due to errors in transmission or unauthorized acts of third parties.
c) You acknowledge that you will be responsible for any losses to you and the Company due to untrue information provided by you to the Company.
4. Intellectual property and use of this site
a) All content generated by the Company Software or available from the entry point URL http://www.FinPricing (site) and all related code and applications within this site are the property of the Company and/or its affiliates. All material generated by our Software or on this Site, including (but not limited to) text, images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by the Company or by other parties that have licensed their material to the Company (or posted to the Site pursuant to a user agreement with the Company). Material generated by the Company Software or from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
b) “FinPricing” is the trademark and service mark of FinPricing. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
c) Access to the Site and using the Company Software and service does not grant to you the right to reproduce, copy, or distribute (except as permitted by the Company) by any means, method, or process whatsoever, now known or hereafter developed, any of content.
d) The Company has made every effort to secure appropriate clearances for all proprietary intellectual properties used by our system. If you believe any material of our system is infringing, please contact the Company immediately.
e) You will not copy or otherwise distribute the Software, and you will be solely liable for any damages, costs or expenses arising from unauthorized copying or distribution.
f) You will not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. If the Company finds any evidence or has any suspicion that you have tampered with the Software in any way, in addition to any other remedies available to it, the Company may terminate your account at any time.
g) You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use in creating a Web site in accordance with this Agreement. This means, among other activities, that you agree not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Active, You agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempts to access prohibited areas of the Service, You may be subject to prosecution.
h) You will use the Company Software and services for your own personal study only, and not for any business or commercial purpose. You will not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement.
5. Charges and Billing
a) You hereby authorize the Company to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your account. You hereby acknowledges that in most cases, the Company will be charging your designated credit card in accordance with the payment schedule of the Service for which You have registered, but some charges may accumulate on Your credit card account before they are charged to Your credit card account. You further acknowledge that it is Your responsibility to notify the Company of any changes to Your credit card or if Your credit card has expired otherwise Your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars or Canadian dollars.
b) Other than credit cards, the Company may also accept payment in international money orders, US and Canadian bank checks up to the satisfactory of the Company.
c) The Company reserves the right to change the fee schedule or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after the Company posts such modification on the Company Web Site. The Company also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after You register for the Service. You may cancel any Service Upgrades or Your Account at any time, but the Company will not refund any remaining portion of Your pre-paid fees.
d) You agree to pay Your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from Your use of the Service. Amounts not paid by You to the Company when due will be assessed an additional 1.5% per month if Your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that the Company may incur in its efforts to collect any remaining balances due from You. You must notify the Company of any billing problems or discrepancies within sixty (60) days after they first appear on Your credit card account statement. If You do not notify the Company within sixty (60) days, You waive any right to dispute such problems or discrepancies.
6. Modification of the Service
a) The Company reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice.
b) You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
c) If You do not agree to any such modifications, Your sole and exclusive remedy is to cancel Your Account.
7. Termination/Cancellation of You Account
a) You understand and agree that the cancellation of Your Account is Your sole right and remedy with respect to any dispute with the Company.
b) Additionally, the Company, in its sole discretion, may terminate your account or your use of the Service for any reason, including, without limitation, (i) if You breaches this Agreement, (ii) if the Company is unable to verify or authenticate any information that You provides to the Company, or (iii) if the Company believes that You have violated or acted inconsistently with the spirit of this Agreement. If the Company terminates Your Account pursuant to (i), (ii) or (iii) above, You will forfeit all credits, pre-paid fees, and any other amounts accruing to You, if any, and the Company shall not be required to refund, redeem, or pay amounts to You upon such termination.
c) Upon termination of Your Account for any reason, You shall remain liable for and the Company reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by You; (b) prohibit Your access to Your Account, including without limitation by deactivating Your password; and (c) refuse You future access to the Service. In no event shall the Company be required to refund, redeem, or pay amounts to You upon termination of Service.
d) You may cancel Your Account by sending an email to the Company. You will receive a cancellation confirmation via email after the Company processes Your cancellation request. The Company reserves the right to collect fees, surcharges or costs incurred before You cancel Your Account in addition to the applicable cancellation fee(s), if any.
e) You will give the Company 10 working days to process your cancellation request.
8. Notice
Statements, notices and other communications to You may be made by mail, email, postings in the Company Web Site.
9. Information transmitted over the Internet.
Neither the Company, its respective licensees, distributors, parents, subsidiaries, affiliates, nor their officers, directors or employees will be liable for any damages which may be caused by the interception, alteration or misuse of any information transmitted over the Internet.
10. Limitations of Liabilities & Warranty
FinPricing shall not be liable for any errors or delays in the information, data, content, quotes, transactions, advertisements, and/or other material contained in, gathered by, used in, relied upon, and/or presented by FinPricing (hereinafter collectively “Information and/or Services”).
THE INFORMATION AND/OR SERVICES PROVIDED BY FinPricing IN RELATION TO THE INFORMATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. FinPricing EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION OR SERVICE, IN NO EVENT WILL FinPricing BE LIABLE TO ANY OTHER PARTY, INCLUDING ANY USER, FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF FinPricing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, THE CUMULATIVE LIABILITY OF FinPricing TO ANY OTHER PARTY, INCLUDING ANY USER, FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE FEES RECEIVED BY LICENSOR FROM SUCH PARTY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
11. Third Party Content
a) For Your convenience, this web site may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of the Company and the Company is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
b) The Company is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others.
c) The Company is providing such Third Party Content to You only as a convenience, and the inclusion of such content does not imply endorsement by the Company of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. The Company does reserve the right to remove content that, in the Company’s judgment, does not meet its standards, but the Company is not responsible for any failure or delay in removing such material.
d) The Company is not and will not be responsible for (i) the terms and conditions of any transaction between You and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.
e) In the event that You have a dispute with any such third party, You releases the Company (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Termination.
The Company may, in its absolute discretion, terminate this agreement at any time without prior notice.
13. Entire agreement.
a) This Agreement sets forth the entire understanding and agreement between the Company and You with respect to the subject matter hereof. It supersedes any prior understandings, agreements or commitments, whether written or oral, between you and the Company.
b) The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect.
c) The relationship between you and the Company is a business relationship and shall not at any time be construed as a fiduciary relationship.
d) Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party.
e) The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
14. Governing language
The original text of this agreement is in English and any interpretation of this agreement will be based on the original English text. If this agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.
15. Violations
Please report any violations of this Agreement to our customer support group
16. Amendment of terms
a) The Company reserves the right to modify, restate or amend the terms and conditions of this agreement, from time to time, without notice. The Company shall use all reasonable efforts to post, for no less than ten (10) days prior to the effective date of any change, a copy of the change, modification, restatement or amendment on the Company Web Site.
b) If you commence or continue to use the Company’s service after the effective date of the modification, restatement or amendment to the terms and conditions of this agreement, or of the change or modification to the Company’s service, or modification, restatement or amendment to the rules of the Company’s service, you will be deemed to have accepted the change.
c) A copy of this agreement, as updated from time to time, is available for your review at any time on the Company’s service’s Internet web site at www.FinPricing. It is your own responsibility to review the Company Web Site frequently on the terms and conditions of usage.
17. Independent Review
YOU ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREES TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.