PLEASE READ THIS LICENSE AGREEMENT CAREFULLY
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. If you do not accept the terms and conditions of this License Agreement, do not register or use this Web Site. This License Agreement applies exclusively to your access to, and use of, this Web Site and does not alter in any way the terms or conditions of any other agreement for products, services or otherwise, that you may have with FINSAGE INC., a Delaware corporation, with its business address in Round Rock, Texas 78664 (“FINSAGE”).
FINSAGE may modify the terms and conditions of this License Agreement from time to time without notice to you. Any such changes shall be effective when posted and your continued use and access to this Web Site shall be deemed your conclusive acceptance of any such changes. If you have any questions about this License Agreement, please contact FINSAGE at support@finsagecollege.com.
Disclaimer. THIS WEB SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS THE PROVISION OF FINANCIAL OR INVESTMENT ADVICE, OR AN INVESTMENT TOOL. FINSAGE DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE WEB SITE’S FINANCIAL DATA CONTENT AND FINSAGE RECOMMENDS THAT YOU VERIFY ACCURACY AND COMPLETENESS OF THE FINANCIAL DATA BY REVIEWING APPROPRIATE EXTERNAL SOURCE DATA OR PHYSICAL DOCUMENTS. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL FINANCIAL ADVISOR WHEN MAKING DECISIONS ABOUT YOUR INVESTMENT STRATEGY.
Definitions.
The term “Web Site” shall mean the applications, forms, graphs, related software and content located or accessible at http://www.finsagecollege.com.
The term “you” as used herein refers to all persons, individuals, firms, corporations, partnerships, limited liability companies, business associations, trusts and/or entities accessing the Web Site for any reason.
The term “secured areas” shall mean any functionality, web pages or screens of the Web Site that requires a userid and password to gain access.
User Registration. You must register your user information to obtain access to the secured areas of this Web Site, and you agree that you will provide true and accurate information. Upon proper registration, at FINSAGE’s sole discretion, you will be provided with a non-transferable, user identifier and password. You are responsible for maintaining the confidentiality of the user identifier and password, and are fully responsible for all activities that occur under your password or account, whether or not authorized by you. You agree to immediately notify FINSAGE of any unauthorized use of your registration or password. You also agree to update any outdated information by using the account set-up feature or by contacting FINSAGE at support@finsagecollege.com.
Web Site Use. Upon your completed registration, FINSAGE may, in FINSAGE’s sole discretion, allow you access and use of this Web Site on a personal, limited, non-transferable and non-exclusive basis, subject to the condition and terms herein. FINSAGE may, at its option, update, change or enhance this Web Site from time to time without notice to you. Furthermore, FINSAGE reserves the right to change any and all content contained on this Web Site at any time without notice to you.
Privacy Statement. FINSAGE collects nonpublic personal information about you through your use of programs, applications or other forms you complete during your registration and use of the Web Site. Such information may be provided to FINSAGE affiliates, its service providers, or to third parties as permitted by law.
Information you provide at the time of registration (if you are 13 or older) may be used for operational, marketing and promotional purposes by FINSAGE and its affiliates, or by authorized companies for the benefit of FINSAGE. FINSAGE shares aggregate information about its visitors and members with advertisers, business partners, sponsors, and other third parties.
FINSAGE will not sell or trade to third parties your user identifiable information derived from your user registration (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others). By using the Web Site other users may be able to determine some or all of your user identifiable information, such as your name or e-mail address. Your user identifiable information consists of your name, address, e-mail address, telephone number and/or billing information. Notwithstanding the foregoing, your user identifiable information, posted information and posted data may be transferred, assigned or sold by FINSAGE to a successor in interest to FINSAGE, in whole or part, by acquisition, merger, asset purchase, or otherwise.
FINSAGE complies with all Federal laws and regulations, including the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 without the consent of a parent or guardian.
You may request not to receive communications from us about new features or services, or communications from third-party companies that offer a product or service we think would be of value to you. If you object to such communications for any reason, you can e-mail your request to support@finsagecollege.com or modify your registration information online.
You grant to FINSAGE an unlimited, non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works thereof, publicly display and publicly perform any materials, information or data (including, without limitation, ideas contained therein for new or improved products and services) you submit or post to the Web Site by all means and in any media now known or hereafter developed.
Posting of Information. You represent and warrant that each time you use the Web Site that the information you post or the files you store, distribute or collaborate on (i) does not infringe any copyright, patent, trademark, trade secret or any other proprietary rights or rights of publicity or privacy of any third party, (ii) does not violate any applicable law, rule, statute, ordinance or regulation including, without limitation, those governing exports, re-exports, imports. encryption, unfair competition, taxation, anti-discrimination and false advertising, (iii) are not defamatory, harrassing or trade libelous, (iv) does not contain any harmful or deleterious software viruses or other programming routines or code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (v) are not obscene, pornographic, indecent, or otherwise contain adult content. In connection with the foregoing, you agree to comply with any and all applicable laws, regulations and treaties of any country or countries to which and from you will access, send or collaborate on files. You will not use the Web Site to discuss unrelated financial topics or use the Web Site as a social chat board or on-line social community.
Payment. Payment shall be required for certain uses of this Web Site. You authorize FINSAGE to charge your credit or debit card that you have supplied during your user registration. The particular charge is made available to you on the Web Site. Alternative payment arrangement may be made between you and FINSAGE.
One Week Refund Policy. FINSAGE has full confidence that you will find the Web Site to be very useful as you study for your finance course. However, should you feel that you do not wish to make use of this opportunity after signing up; you can receive a full refund within the first one week of sign up. Please note that after the expiration of this one week period we will not be able to issue any refunds. This clause does not apply to users where the university purchases a group license for its students.
Feedback. FINSAGE may provide you feedback about your performance on the exams, tests, and quizzes in the Web Site intended to highlight areas of your strengths and weaknesses. You understand that the performance feedback is meant to assist you in your understanding of financial concepts and is in no way intended to act as a projection or a forecast of your actual course exam scores. The feedback is intended only as a diagnostic tool of your knowledge as you prepare for the university course, and your practice scores may be affected by factors beyond FINSAGE control.
Security. You acknowledge the risks associated with using the Internet, including but not limited to hackers, computer viruses, fraud, system downtime, privacy disclosure and other system breaches. You further acknowledge that (i) it is impossible to maintain flawless security, (ii) and FINSAGE cannot guarantee the security it employs or any other security will be 100% effective, error proof, “Hacker” proof, or failsafe, and (iii) that security measures would provide entity level security. AS SUCH, FINSAGE AND ITS LICENORS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF SECURITY, INTEGRITY OR PRIVACY REGARDING THE ACCOUNTS OR FILES MAINTAINED OR DISTRIBUTED THROUGH THE SOFTWARE AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ASSESSING ITS OWN SECURITY NEEDS.
Specific Prohibited Uses. You may use this Web Site only for lawful purposes. Violations of system or network security may result in civil or criminal liability. As necessary, FINSAGE may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. FINSAGE specifically prohibits and you agree that you will not use this Web Site to do any of the following: log into a server or account if you are not authorized for such access, or access any data not intended for you; use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site; probe, scan or test the vulnerability of this Web Site or network or to breach security or authentication measures without proper authorization; take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interfere with service to any user, host or network; send, upload, post or otherwise transmit unsolicited e-mail, including promotions and/or advertising of products or services, “junk mail,” “spam,” or “chain letters”; send, upload, post or otherwise transmit any materials containing software programs or viruses designed to interrupt, destroy any software or hardware, or interfere with the property working of the Web Site; forgo any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; decompile, reverse engineer, or disassemble any software that comprises this Web Site; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Copyright. All Web Site materials, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof, are the copyrighted property of FINSAGE or its licensors, ALL RIGHTS RESERVED. Such materials are protected by U.S. and international copyright and trademark laws. You may electronically copy and print hard-copy excerpts of this Web Site (and materials here) for your personal use or use educational, institutional learning, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this Web Site - including any making editorial comment, reproduction for purposes other than described above, modification, distribution, republication, transmission, broadcast, publication, circulation, display, or performance - without the prior written permission of FINSAGE is strictly prohibited.
Trademarks. “finsage,” “Return On Information,” “Where Knowledge is Your ROI,” the logos, and the products and services described in this Web Site are either trademarks, trade names or service marks of the FINSAGE and its affiliates and FINSAGE’s licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of FINSAGE. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress FINSAGE, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FINSAGE.
No Endorsements. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FINSAGE.
Limitation of Liability. IN NO EVENT SHALL FINSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE. THE TOTAL AGGREGATE LIABILITY FOR FINSAGE TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO FINSAGE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
No Warranties. THIS WEB SITE AND THE MATERIALS UNDER THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FINSAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FINSAGE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE OR ACCESS TO THIS WEB SITE ARE ACCURATE, TIMELY, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED. FINSAGE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE, CONTENT, OR DOWNLOADABLE FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE USE OF THE SOFTWARE CAN RESULT IN LOSS OR MISTRANSMISSION OF DATA AND/OR FILES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SAFEGUARD AGAINST, AND TO SATISFY ITS PARTICULAR REQUIREMENTS FOR PREVENTING THE DESTRUCTION OF THE DATA AND/OR FILES THAT IT IS DOWNLOADING AND THE SOFTWARE AND HARDWARE THAT IT IS USING.
FINSAGE makes no claims that the use of this Web Site or the materials contained in, or accessed through, this Web Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Indemnity. You agree to defend, indemnify, and hold harmless FINSAGE, its officers, directors, employees, agents, and licensors, from and against any losses, costs, claims, expenses, damages, causes of action or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from i) your use or from any information from this Web Site, ii) your breach of the terms of this License Agreement, and iii) any action brought against FINSAGE by a third party that you allowed to use the Web Site. You shall cooperate as fully as reasonably required in the defense of any such claim. FINSAGE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FINSAGE.
Hyperlinks. FINSAGE makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of Web Sites accessible by hyperlink from this Web Site, or web sites linking to this Web Site. If you decide to access linked third party web sites, you do so at your own risk.
Use of Cookies. FINSAGE may use “cookies” in connection with operation of its Web Site(s). Cookies are small pieces of information that are stored on your computer by the FINSAGE server (passing through your Netscape Navigator TM or Internet ExplorerTM browser). Cookies are used for record-keeping purposes-the stored information can be retrieved by the FINSAGE server that created the cookie. This allows FINSAGE to personalize, monitor, or regulate the use of this site, and also permits FINSAGE to automate the access and data-entry functions of the site (e.g., login information), and to tailor the appearance or presentation of the site to your preferences or interests. In addition, cookies allow FINSAGE to track usage of the site (e.g., to determine which areas of the site are useful or popular) and permit FINSAGE to improve and update the site effectively.
The use of cookies is common in the industry, and they are used at most major sites. Cookies will not be used to pass any information from your computer except the specific information placed into the cookie from one participating FINSAGE web site when the cookie is retrieved by another participating FINSAGE web site. You may wish to adjust your Web browser to inform you whenever a cookie is to be used, or to reject all cookies automatically.
However, if you elect not to accept cookies, some parts of the Web Site may not function properly or permit access. For more information on cookies, see the following Internet address: http://www.cookiecentral.com/faq/.
Termination. Notwithstanding anything herein, FINSAGE reserves the right, without notice and in its sole discretion, to terminate your license to use this Web Site, and to block or prevent future access to and use of this Web Site. All of your obligations that accrued prior to the date of termination shall survive such termination. You may terminate this License Agreement, upon thirty (30) days written notice by either (i) registered mail to FINSAGE’s address specified above, or (ii) by sending an e-mail to support@finsagecollege.com requesting termination. Upon termination for any reason herein, your license to use this Web Site and future payment obligations shall cease, and all other provisions herein shall survive the termination or cancellation of this License Agreement. Any pre-paid amounts for use of the Web Site are refundable at FINSAGE’s sole discretion.
Severability. If any provision of this License Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. You acknowledge that FINSAGE may assign or transfer, in whole or part, this License Agreement to an affiliate or third party. This License Agreement shall be binding upon and inures to the benefit of the parties and any permitted successors or assigns. You shall not sell, transfer, lease, assign, pledge, mortgage, or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed upon it hereunder without the prior written consent of FINSAGE.
Choice of Law. This License Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas, USA, without regard to its principles governing conflict of laws. Any litigation between the parties relating to this Agreement or the subject matter hereof shall be brought and tried only in the Harris County, State of Texas. You agree to personal jurisdiction therein.
(v.2003.1.00)
