IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, PRODUCTS, SERVICES, AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF FNVIRTUAL IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE READ ENTIRELY BEFORE ACCEPTING.
BY CLICKING THE “Accept” BUTTON, ACCESSING THE WEBSITE, OR UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SITE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SITE, AND INFORMATION ON THE SITE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICCES OR THIS WEBSITE. THE ENTIRE RISK ARISING OU OF USE OR PERFORMANCE OF THE SERVICES REMAINGS WITH YOU. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE “DAMAGES”), ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES REGARDLESS OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SITE.
YOUR USE OF THE SITE.
3.1 Your Right to Use the Site.
We grant You a non-exclusive, personal, and revocable right to access the Site.
You are responsible for protecting the confidentiality of Your password(s), and for the acts and omissions of any third party that accesses the Site through use of Your password, as if such acts and omissions were Your own.
3.3 Changes to the Site and Premium Features.
We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site, unless other arrangements have been made with FNTECH.
6.1 Lawful Purposes.
You shall use the Site for lawful purposes only.
6.2 Intellectual Property.
The Site contains copyrighted material, trademarks, and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
6.3 Works and Material You Submit to the Site.
You shall not upload, post or otherwise make available on the Site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with You. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by You to the Site, You automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Site allowing You to restrict access, You also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled “Your Right to Use the Site”.
6.4 No Unauthorized Access and Unauthorized Activities on the Site.
TERMINATION AND SURVIVAL.
The following trademark(s) are owned by us, all rights reserved: FNVIRTUAL, FNTECH. All other trademarks appearing on the Site are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through Your use of the Site.
NO ENDORSEMENT OF SITE CONTENT.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their official capacities. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for You to evaluate any specific information, opinion, advice or other content.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless FNVIRTUAL, its affiliates, officers, directors, employees, consultants, agents and suppliers from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services and the website, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
13.1 Choice of Law and Forum. This Agreement shall be construed in accordance with, and all disputes hereunder, shall be governed by the laws of the state of California. All parties to this Agreement agree to submit to personal jurisdiction in the County of Orange, state of California. Any dispute that arises under or relates to this Agreement, shall be resolved in the applicable federal or state court in County of Orange, State of California, United States of America.
13.2 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision, of this Agreement will not be deemed a waiver of forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.