Terms of Use

Introduction

Welcome to Finomical. In continuing to access or use our site, you agree to be bound by those terms and conditions within this Terms of Use agreement applicable to your use.

The following are the terms and conditions for use of Finomical's service, which can be found at www.finomical.com.

Definition

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website), a "Registered User" (which means that you have registered with Finomical.com) or you are a "Subscriber" (which means that you have registered with Finomical.com and pay for access to premium content). The term "User" refers to a Visitor, Registered User or a Subscriber. The words "Finomical" "We," "Us" and "Our" refer to Finomical. The words "Terms" or "TOS" refer to the contents of in this Agreement. The word "Customer" refers to the person who asks questions on this Site or downloads information. The words "Service" or "Site" refer to www.finomical.com.

Acceptance

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY, DISCLOSE, OR TRANSFER INFORMATION AVAILABLE VIA THE SERVICE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

Rights of modification

Finomical reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amendments on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreements. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. Finomical reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.

Member accounts and restricted activities

As a "Registered User," you represent that you are authorized to create and access an account. Through the Registered User process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data, and password.

You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Finomical accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify Finomical of any unauthorized use of your password or account.

The nature of the service

Services provided by Finomical and the content on this Web site are strictly for your information, education, and entertainment purposes only. Although Finomical may provide information relating to Financial Planning you should not construe any of our market information, features, tools, or other content available through Finomical as legal, tax, investment, financial, or other advice. You understand that your individual circumstance may be substantially different from the information that we have provided as an answer to a particular question on this Site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH FINOMICAL, OR OBTAINED FROM THIRD PARTIES OR FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT OFFERED BY FINOMICAL AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT AS A NEW USER DO NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

You agree that any financial decisions you make, whether based on information obtained from Finomical or otherwise, will be solely your own decisions and based on your own evaluation of your financial and investment objectives. In addition to retaining the sole responsibility for financial and investment decisions, you understand and agree that you are responsible for knowing the rights and terms relating to all services provided by Finomical.

Although the content on this Site is written communication, the information contained is not a "covered opinion" (as described in IRS Circular 230) and any tax advice included on this Web site was not intended or written to be used, and it cannot be used, by the taxpayer, for the purpose of avoiding any penalties that may be imposed on the taxpayer by any governmental taxing authority or agency.

Fees and refunds

You are required to register and make payment before a question can be answered. If you do not like an answer for any reason, your sole remedy is to disregard the answer.

Finomical maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at Finomical's sole discretion, to certain defined and limited users or non-users.

Identity verification

We may ask you to give us certain identifying information as part of the registration process. You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers, or otherwise conceal your identity from Finomical for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we provide during the registration process and in our Privacy Policy.

We may maintain information about you gained via the registration process and your access to the Site through the use of "cookies"—alphanumeric identifiers that are transferred to your computer's hard drive. Finomical may set and access cookies to recognize our browser and to provide personalized features for a richer user experience. We will gather information about you on an aggregate level only.

For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Finomical. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Site through the use of your Registration information.

Prohibited uses

You will not use any electronic communication feature of Finomical for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

You will not collect or store personal data about other users.

You will not use Finomical for any commercial purpose not expressly approved by Finomical in writing. You will not upload, post, e-mail, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.

You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software, hardware, or telecommunications equipment.

Any content provided by you on the site (including any questions asked to the Service) shall not: (a) be fraudulent, inaccurate, or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, or regulation; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (h) create liability for Finomical or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or that you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our Service without our prior consent.

Without limiting any other remedies, Finomical may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance, escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Finomical.

Other users

User specifically acknowledges that the Finomical are not liable for the offensive, harmful or illegal conduct of other users of Finomical.com or other third-parties, and that the risk of injury from the foregoing rests entirely with User.

Exclusion of warranties

Electronic (including wired and wireless) communications through Finomical may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Finomical or between you and other parties.

ALTHOUGH FINOMICAL TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS SITE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. FINOMICAL RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." FINOMICAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED IN THE SITE. FINOMICAL PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. FINOMICAL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SITE. FINOMICAL MAY CHANGE INFORMATION CONTAINED IN THE SITE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE FINOMICAL SITE.

FURTHER, FINOMICAL MAKES NO WARRANTIES REGARDING THE SITE. FINOMICAL AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FINOMICAL SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINOMICAL OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of liabilities

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FINOMICAL OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY FINOMICAL SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FINOMICAL OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT, OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY FINOMICAL. FINOMICAL AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF FINOMICAL OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS; (c) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANYONE ON THE FINOMICAL SITE; (f) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (g) ANY OTHER MATTER RELATING TO THE FINOMICAL SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD FINOMICAL RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH FINOMICAL.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Finomical and its third party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those states.

Indemnification

As a condition of your use of Finomical, you agree to indemnify and hold Finomical, all parent, subsidiary, or affiliate organizations, officers, agents, and employees, and its third party providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys' fees) arising from your use of the Finomical Site, or from your violation of these Terms.

Termination or suspension of service

Finomical reserves the right to modify or discontinue temporarily or permanently a Finomical Service (or any part thereof) with or without notice. You agree that Finomical will not be liable to you or to any third party for any modification, suspension, or discontinuance of a Finomical Service. Your membership will be terminated if Finomical believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or conditions. Upon such violation, you agree to terminate access to Finomical.

If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to customerservice@finomical.com. Cancellations will be effective within seven business days. All debts and fees must be paid before cancellation can take effect.

We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through your use of the Site (such as unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Termination does not affect your liability or obligations under these Terms.

Proprietary rights of content

You acknowledge and agree that Finomical owns the rights to its Web site, finomical.com, and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in listings, sponsor advertisements, or email-distributed, commercially produced information presented to you by the Service, by Finomical, Finomical users, Finomical advertisers, or other content providers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, documents, or other materials viewed through the Site.

Press release information

The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Third party content and sites

Finomical is delivered to you via the Internet using commercially available third party Web browsers and Internet utility software from various unaffiliated software providers. By accepting and using such software, you agree to non-exclusive, non-transferable software licenses with such third party software providers. No amendment, change or waiver of any such licenses, or of these Finomical Terms of Service, by any Finomical employee or representative is either authorized or permitted. Finomical does not warrant the performance of, and bears no responsibility for, your use of any third party software.

Disputes, assignments, and governing law

You agree that California law (without giving effect to its conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal and state courts serving San Francisco, California, other than for actions to enforce any order or judgment entered by such courts. You agree that the Company may seek injunctive relief for any claims arising out of a breach of the provisions hereof related to confidentiality or proprietary information. This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. In the event that any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. Unless otherwise explicitly stated, the terms and conditions hereof will survive termination of this Agreement.

Export controls

You agree that you will only use the Service in a manner consistent with any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. As a registered user, you agree that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that any of our services are not legal in your jurisdiction, you may not use the services.

Last updated: January 15, 2008

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