Finazon Terms of Service
Last updated: 10/03/2023
Overview
Finazon LLC. (“Finazon”, “we”, “our” or “us”) offers a platform and related products, services, content, and features through our website (the “Website”) and social media pages, including the Finazon Platform (defined below). The Website, the Finazon Platform (and all Market Data contained thereon), and Finazon-controlled social media pages are collectively called the “Services.”
By visiting, browsing, or using the Services in any way, users (“user,” “you” or “your”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and Finazon. If you do not wish to be bound by these Terms, you may not access or use the Services.
If you enter these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "you" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH (I) REQUIRES THAT YOU AND FINAZON ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE “AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION” SECTION BELOW.
Certain features of the Services may be subject to additional guidelines, terms, conditions, or rules, which will be posted on the Services or otherwise made available to you in connection with such features. All such applicable additional terms, guidelines, conditions, and rules, are incorporated by reference into these Terms.
Changes to these terms and the services
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately on the date that they are posted to the Website and/or otherwise made available through the Services, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
We may change or discontinue all or any part of the Services at any time and without notice to you, in our sole discretion.
Who may use the services
We may, in our sole discretion, refuse to offer the Services to any person or entity at any time. You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the Services. Users’ rights to access and use the Services are revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation.
You must be at least 18 years old or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the Services.
There may be additional restrictions and requirements applicable to portions of our Services, including the Finazon Platform. Please see the “Finazon Platform” section below for further information.
License to use the services
Subject to your compliance with these Terms, Finazon grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your own personal, non-commercial purposes. If applicable, this license includes the right to access Finazon Content (defined below) available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else. Note that certain portions of Finazon Content, including Market Data, are only available to certain eligible users who have purchased rights to access such Finazon Content.
Non-Professional; personal use
In line with the Agreement's terms, we offer you Market Data based on your representation and personal account type that you are a Non-Professional, as outlined below. This is unless you choose a commercial license for applicable datasets. You also assure us that you'll use this data for personal, non-commercial purposes. If you believe you could be a Securities Professional or may not qualify as a Non-Professional, please contact [email protected] promptly or switch to a business account type. Once you start using our Platform as a Securities Professional, this status remains until you cancel your subscription and change status to a Non-Professional.
For clarity:
- A "Non-Professional" is any individual accessing market data purely for personal, non-commercial use and isn't a Securities Professional.
- A "Securities Professional" in the U.S. includes those registered with entities like the SEC, CFTC, or state securities agencies. It also covers investment advisors as defined by the Investment Advisor's Act of 1940 and those employed by banks or other organizations exempt from securities registration. If working outside the U.S., an individual performing functions similar to the U.S. definition of a Securities Professional would also fall under this category.
Using Market Data for any business or commercial intent is inconsistent with Non-Professional status, even if done for a non-securities industry organization.
It's your responsibility to regularly check and confirm your status as a Non-Professional or Securities Professional. Should your status change, you must notify us promptly or make changes to the account accordingly. In recognition of the reliance placed by us on your representations and warranties concerning your status when provisioning your account and the associated Market Data, you hereby agree to indemnify and hold harmless Finazon from and against all fees, costs, losses, liabilities, and expenses directly or indirectly arising out of or relating to any inaccuracies, misrepresentations, or breaches of such representations and warranties, whether made initially or upon subsequent affirmation.
Finazon Platform
Finazon operates a financial data marketplace (the “Finazon Platform”) through which it makes certain proprietary and third-party financial data (“Market Data”) available to users.
Eligibility. Specific Market Data may have eligibility requirements and may be subject to additional terms of service between you and Finazon and/or between you and the Market Data provider. Any such eligibility requirements will be displayed to you upon purchase or access to such Market Data.
Account creation. To enjoy full access to the Services, you must create an account. All information that you provide to Finazon and to any third parties in connection with your use of the Services must be accurate and complete.
Account updates. You must notify us if any of your account information changes. If you fail to keep your account information up to date, we may suspend or terminate your account in our discretion.
Profile information. You may not use someone else’s name or any other information that violates a third party’s rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Finazon’s sole discretion.
Account security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. If you become aware of unauthorized access to your account, change your password and notify us immediately at [email protected].
Account deletion. You may delete your account through your account settings (if applicable to your account), or by contacting us at [email protected].
Term and termination; account deletion
Term. These Terms begin on the date you first use the Services and continue as long as you have an account with us and/or continue to use the Services.
Termination and content removal. Finazon may, in Finazon’s sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your account, or block or remove any User Data (defined below) that you submitted, for any lawful reason, including if Finazon determines that you have violated these Terms or that your conduct or User Data would tend to damage Finazon’s reputation or goodwill. If Finazon deletes your account or terminates your account, you may not re-register for or use the Services under any other user name or profile without the express written consent of Finazon. Finazon may block your access to the Services to prevent re-registration.
Effect of termination/account deletion. Upon termination of these Terms, all licenses granted by Finazon will terminate, including your access to and use of Market Data (if applicable). In the event of account deletion for any reason, User Data may no longer be available, and Finazon is not responsible for the deletion or loss of such User Data.
Subscriptions and payments
Some parts of our Services, such as purchases of access to Market Data on the Finazon Platform, are subject to fees and are billed on a subscription basis (“Subscription”). If you purchase a Subscription, you will be billed in advance on a recurring and periodic basis as specified at the time of purchase (“Subscription Term”). Subscription Terms are set either on a monthly or annual basis, depending on the type of Subscription plan that you select. Additional Subscription terms may be displayed to you at the time of purchase. In the event of any conflict between any terms displayed to you at the time of purchase and this Section, the terms displayed to you at the time of purchase shall control.
Payment methods. A valid payment method, including a credit or debit card, is required to process the payment for your Subscription, unless otherwise agreed upon by Finazon. You agree to provide us with accurate and complete billing information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to your designated payment method. Please note that when you make payments, the transaction is processed a third-party payment processor and your full financial information is not shared with us. In the event that your payment method fails, we may suspend or terminate your Subscription until a valid payment method is provided, and we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. You authorize us, from time-to-time, to undertake steps to determine whether your payment method is valid.
Auto renewal. Unless you terminate or otherwise modify your Subscription prior to the expiration of your current Subscription Term, your Subscription will automatically renew for another Subscription Term on the same plan and for the same period as your current Subscription Term. You will be automatically charged the applicable then-current Subscription fee for the renewal.
Cancellation by you. You may cancel your paid Subscription at any time, for any reason, through your Account. Cancellation or expiration of your Subscription may revert your Account to a free or unpaid version at the end of the current Subscription Term. However, please note that any fees due for the remainder of the current Subscription Term must be paid immediately upon cancellation (and you authorize us to charge your payment method for such fees immediately upon cancellation), and fees already paid are not refundable, even if you cancel your Subscription (unless otherwise explicitly stated or required by law). You may also terminate your Account at any time by deleting your Account following the steps included in the settings link in your account.
Cancellation by us. We reserve the right to terminate or suspend your account and/or our Services to you at any time and for any reason upon notice to you. If we terminate or suspend your account without cause, we will refund a prorated portion any prepayment amount for prepaid but unused Services. We will not refund or reimburse you if we terminate your account for cause, including, without limitation, for any violation of these Terms.
Effect of cancellation. Canceling or downgrading your Subscription may cause the loss of features or other capabilities of your account, and Finazon does not accept any liability for such loss. Once you terminate or cancel your account, your account and all information and data therein, including User Data, may be deleted. If you are a company, all accounts that you control under your Subscription will also be deleted. We reserve the right to delete inactive accounts, including all information and data, including User Data, therein.
Refunds. Except as explicitly provided herein, all fees and payments are non-refundable and non-transferable except as required by law.
Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, and any other applicable taxes that may be imposed, based on the use of the Services, and any applicable fees or surcharges that may occur regarding the transaction.
Pricing changes. We may change or modify fees and pricing, including Subscription fees and pricing, at any time at our discretion. Any pricing changes will take effect at the time of the next Subscription Term immediately following such change. We will provide you with prior notice of any change in Subscription fees or pricing. Sales, promotions, and other special discounted pricing offers (if any) are temporary and, upon the renewal of your Subscription, any such discounted pricing offers may expire. We reserve the right to update and/or discontinue or modify any coupons, credits, sales, and special promotional offers at our sole discretion. We reserve the right to make free Services fee-based or change to the cost of the Services or charge for other Services, at any time. We may repackage the Services from time to time in our sole discretion.
Free trials. We may provide free access to the Services or portion(s) or feature(s) thereof (the “Free Trial Period”). If you decide that you do not want to become a paying user of the Services, upon the expiration of the Free Trial Period, you must downgrade or terminate your Subscription to the applicable Services, or applicable portion(s) or feature(s) thereof, prior to the end of the Free Trial Period, otherwise, you will become a paying user of the Services, or applicable portion(s) or feature(s) thereof, according to the Subscription plan you have chosen and will charge your payment method for the applicable fees. If you do not continue with a paid Subscription at the conclusion of your Free Trial Period, your Account may be reverted to a free Account. You may only use a Free Trial offer once. The Free Trial Offer may only be used by you if you have not already used the Services. We reserve the right to withdraw or modify the Free Trial Offer at any time without prior notice and with no liability.
Other. We reserve the right to refuse or cancel any order or Subscription at any time, for any reason, including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order, Subscription, and your account if fraud or an unauthorized or illegal transaction is suspected, or for violating these Terms.
Communication
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Services. By submitting your phone number to us and agreeing to these Terms, you agree to receive communications from Finazon, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Services, your inquires related to products or services, updates concerning new and existing features on the Services, communications concerning promotions run by us or third parties, and news relating to the Services and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Finazon.
If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Services, you may opt-out or unsubscribe using your settings.
User Data
“User Data” means all information that you submit to the Services. User Data does not include Finazon Content. You represent that all User Data submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations.
As between you and Finazon, you represent that you own (or have all rights necessary to grant Finazon the rights below to) all User Data that you submit to the Services, and that Finazon will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Data.
We may collect User Data, and you hereby grant us permission to collect User Data through the Services and to use such User Data to improve the performance and functionality of the Services, improve the Services, and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control, and support and click performance tracking and billing. We may use various analytics tools in performing the above. Where applicable, User Data collected by Finazon will be shared with you or any service provider who may provide you with supplementary services in connection with the Services. We may further use User Data as set forth in its Privacy Policy.
FINAZON RESERVES THE RIGHT, BUT DOES NOT HAVE THE OBLIGATION, TO REMOVE ANY USER DATA FROM THE SERVICES AT ITS SOLE AND ABSOLUTE DISCRETION.
The Services are not intended to be used as storage, backup, or archiving services. It is your responsibility to back up your User Data, and you are solely responsible for any lost or unrecoverable User Data.
Finazon Content
“Finazon Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Services, including Market Data. [EXCEPT AS OTHERWISE STATED UPON PURCHASE OF ACCESS TO MARKET DATA, MARKET DATA IS FOR INTERNAL USE ONLY –- NOT FOR REDISTRIBUTION WITHOUT PRIOR WRITTEN CONSENT OF FINAZON. Additional terms applicable to your purchase of access to Market Data will be displayed at the time of purchase.
You acknowledge that all Finazon Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the fullest extent permitted by law, we make no representations, warranties, or guarantees with respect to any Finazon Content that you access on or through the Services.
Feedback and suggestions
Any communication or other material that you send to us, such as any questions, comments, feedback, suggestions, testimonials, or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Services. As further described herein, you are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness, and non-infringement of any other party’s legal rights.
General prohibitions and user data standards
You agree not to do any of the following:
- Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, or any part thereof, unless expressly permitted in writing by an authorized representative of Finazon;
- Post, upload, publish, submit, or transmit any User Data that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
- Download and/or install any third-party software and/or application on any Finazon hardware that is not expressly permitted by Finazon in writing;
- Use, display, mirror, or frame the Services or any individual element within the Services, Finazon’s name, any Finazon trademark, logo, or other proprietary information, without Finazon’s express written consent; nor alter, modify, and/or remove any copyright or other proprietary notice associated with the Services;
- Access, tamper with, or use non-public areas of the Services, Finazon’s computer systems, or the technical delivery systems of Finazon’s providers;
- Attempt to probe, scan, or test the vulnerability of any Finazon system or network or breach any security or authentication measures;
- Attempt to access, scrape, or search the Services or Content or download Content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Finazon or other generally available third-party web browsers;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Finazon;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Copy, use, disclose, or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without Finazon’s express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right but are not obligated, to remove or disable access to the Services and/or any Finazon Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, determine that a user has violated these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Indemnification
You agree to indemnify, defend, and hold harmless Finazon and its directors, officers, employees, and agents, from and against all claims, damages, losses, and costs that arise from or relate to (i) your access to, or use or misuse of, the Services and/or Finazon Content, (ii) any User Data submitted by or on behalf of you, including with respect to any violation of any intellectual property or other rights of any third party or (iii) your breach of these Terms.
Third-party links
There may be links on the Services that let you leave the particular Services you are accessing in order to access a linked site that is operated by a third party. Finazon neither controls nor endorses these sites, nor has Finazon reviewed or approved the content that appears on them. Finazon is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any such third-party sites. You acknowledge and agree that Finazon is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods, or services available on or through these third-party sites.
No warranties
Finazon reserves the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing, or altering any Finazon Content or features of the Services, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, smartphone, mobile device, Internet connection, virtual or augmented reality headset, etc.) to the Services. Finazon has the right but not the obligation to screen or monitor any User Data. Finazon does not guarantee that any Finazon Content available on the Services is suitable for all users or that it will continue to be available for any length of time.
You acknowledge and agree that, by providing Finazon Content, Finazon does not: (i) exercise discretion over, recommend, or otherwise advise you as to the advisability of purchasing, selling, redeeming, or holding any securities; (ii) assume responsibility for any of your investment decisions; (iii) or provide you with investment advice, derivatives trading advice, legal advice, tax advice or financial planning. You acknowledge that Finazon is not registered with the Securities and Exchange Commission or any state securities regulator as a broker, dealer, or investment adviser or with the Commodity Futures Trading Commission in any capacity. You agree to consult with your own investment advisers, legal and tax advisors, accountants, and other professionals as necessary before making any decision to invest in or otherwise trade or hold any securities described or referenced in Finazon Content.
Finazon provides the Services and all Finazon Content on an “AS IS” and “AS AVAILABLE” basis. You, therefore use the Services and Finazon Content at your own risk. Other than as expressly provided in writing by Finazon in these Terms or otherwise, to the extent permitted by law, Finazon expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Finazon makes no representations or warranties:
- That the Services are or will be permitted in your jurisdiction;
- That the Services will be uninterrupted or error-free;
- Concerning any Finazon Content;
- Concerning any third-party product displayed or linked from the Services, or the third-party sellers of such products;
- That the Services will meet your personal or professional needs;
- That Finazon will continue to support any particular feature of the Services; or
- Concerning sites and resources linked to, or integrated with, the Services.
Limitation of liability
As between you and Finazon, in the event of any problem with the Services or Finazon Content, you agree that your sole remedy is to cease using the Services and Finazon Content. In no event shall Finazon or its subsidiaries, affiliates, directors, officers, employees or any party involved in creating or producing the Services be liable to you for any amount exceeding $100, or for any special, indirect, incidental, consequential, punitive or exemplary damages, or any other damages whatsoever, resulting from the use of the Services or Finazon Content (or with the delay or inability to use the Services or Finazon Content), whether under a theory of breach of contract, tort, strict liability, negligence, or otherwise, even if such party has been advised of the possibility of such damages. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or similar damages, the above limitation does not apply to you. To the extent that one or any aspect of Finazon’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Finazon and you.
Intellectual property
The Services, its software, features and functionality, and all Finazon Content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Finazon or its licensors, as the case may be, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Finazon, Finazon owns a copyright in the selection, coordination, arrangement and enhancement of all Finazon Content in the Services. Unless otherwise specified, copying or modifying any Finazon Content or using Finazon Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Finazon Content on any other website or networked computer environment, is strictly prohibited.
The Finazon name, logos and affiliated properties, designs and marks are the exclusive property of Finazon, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Services are trademarks of Finazon or their respective owners. Third parties may also have additional proprietary rights in certain Finazon Content that they make available through the Services. All rights not expressly granted in these Terms are reserved by Finazon.
Governing law and jurisdiction
These Terms, and any dispute between you and Finazon, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that the “AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION” section below is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in San Francisco, CA or a federal court located in San Francisco, CA, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
Agreement to arbitrage; waiver of class action
Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (i)-(iii) set forth in the “GOVERNING LAW AND JURISDICTION” Section above, you agree that all disputes between you and Finazon (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services, or our Privacy Policy, shall be finally resolved by arbitration conducted in the English language in San Francisco, CA U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint one arbitrator mutually agreed upon by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies, or awards that conflict with these Terms.
Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Finazon will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Finazon account to which the opt-out applies, and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
2810 N Church St PMB 38224
Wilmington, DE 19802-4447
United States
Notwithstanding any provision in these Terms to the contrary, you and Finazon agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with this Section, this agreement to arbitrate will survive the termination of your relationship with us.
Interpretation; severability; waiver; remedies
Headings are for convenience only and shall not be used to construe these Terms. If any portion of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that portion will be enforced to the maximum extent permissible and otherwise severed from these Terms. No failure or delay by Finazon in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Finazon. Finazon’s rights and remedies hereunder are cumulative and not exclusive.
Successors; assignment; no third-party beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Finazon’s prior written consent. Finazon may assign its rights, obligations, and/or these Terms at any time in its sole discretion without notice to you. The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
Notices
You consent to electronic delivery of all notices, agreements, disclosures, or other information from Finazon. Finazon may communicate with you by email or by posting notices to you through the Services. For support-related inquiries, you may email [email protected]. For all other notices to Finazon, write to the following address:
2810 N Church St PMB 38224
Wilmington, DE 19802-4447
United States
Nothing in these Terms or otherwise limits Finazon’s right to object to subpoenas, claims, or other demands.
Entire agreement; modifications
These Terms represent the entire understanding between Finazon and you regarding the Services and/or Finazon Content and supersede all prior agreements and understandings regarding the same. These Terms cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms.
If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are not partners, joint venturers, agents, employees, or representatives of the other party.
Force majeure
Neither you nor Finazon shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
Notice to international users
The Services are operated from the United States, and international users of the Services agree to be subject to applicable laws in the United States as set forth in the GOVERNING LAW AND JURISDICTION section above. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
Contact us
If you have any questions about these Terms, please contact us at:
[email protected]
Finazon LLC
2810 N Church St PMB 38224
Wilmington, DE 19802-4447
United States