LAST MODIFIED: February 2, 2023
These terms of use are entered into by and between you and FinchSec LLC ("FinchSec," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use""), govern your access to and use of FinchSec's web sites located at finchsec.com as well as any other FinchSec-controlled websites, regardless of domain name or IP address (collectively the "Site" or "Sites"). The term "Site" or "Sites" shall include the features and applications accessible through, or in connection with, the Sites, including but not limited to any online classes and materials related to the same, and any software that we provide to you that allows you to access the Site or the Services from a mobile device ("App" or "Apps") (collectively the "Services"). The Services may be subject to additional terms and conditions (collectively "Additional Terms") in connection with your use of such Services, such Additional Terms are hereby incorporated by reference into these Terms of Use, and your use of such Services constitutes your agreement to all applicable Additional Terms. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with FinchSec for products, services or otherwise, including, without limitation, any other terms, conditions and policies relating to the courses and educational programs provided by FinchSec.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SERVICES OR SITE MATERIALS, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH FINCHSEC AS DICTATED BY THESE TERMS OF USE, THE TERMS OF WHICH GOVERN YOUR USE OF THE SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS THE SITES OR USE OR BUY ANY SERVICES OR SITE MATERIALS.
Please refer to FinchSec's Privacy policy for information on how FinchSec collects, uses and discloses your personal information.
Unless otherwise indicated in the Services, all content and other materials provided through the Services, including without limitation the FinchSec logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, class materials (including but not limited to, any live or pre-recorded class or lab sessions, all written or oral class or lab documentation or presentations, and any exam guides, requirements and instructions), sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary and intellectual property of FinchSec, its licensors or users and are protected by U.S. and international copyright and other laws. By purchasing the Services, you are granted a limited license, without the right to sublicense, to access and use the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
Any use or attempted use of the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of FinchSec, is strictly prohibited and will, among other things, terminate the license granted herein without any refund of any fees paid for Services. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time in FinchSec's sole discretion.
Unless otherwise specified in these Terms of Use, all Site Materials are the sole property of FinchSec. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of FinchSec and the applicable copyright owner or license holder.
You agree to use any payment processor as designated by FinchSec for the purchase of any Service. You agree to pay all fees or charges to your account based on FinchSec's fees, charges, and billing terms in effect at the time of your purchase of any Services. If you do not pay on time or if FinchSec cannot charge your credit card other payment method for any reason, FinchSec reserves the right to either suspend or terminate your access to the Services and account and terminate these Terms of Use, and you agree to pay for any service or other fees charged by any payment processor related to any denial of your payment method. You are expressly agreeing that FinchSec is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of any Services, and the fees will be billed to your credit card or other payment method designated on your initial registration for the purchase of any Services and thereafter at regular intervals (if applicable) for the remainder of the term specified in your purchase of the Services. Any dispute for any charges for Services must be submitted to FinchSec, in writing, within fifteen (15) days of receipt of the invoice for such charge or the charge to your payment method, whichever is earlier. Invoices not paid by the due date shall incur interest at the rate of 1.5% per month or the maximum allowed by applicable law (whichever is less) until paid in full; provided, however, interest shall not accrue on amounts disputed in good faith.
We may increase the cost for any new Service at any time upon notice to you. If you have purchased a Service that is charged on a subscription basis (e.g., charged monthly), then we may increase the price of such subscription cost upon notice to you unless you have purchased a Service that has a guaranteed rate for a guaranteed term (e.g., the terms of purchase provide that the first 12 months for a Service is at a fixed monthly rate). Upon expiration of such guaranteed term, we may increase the price for such subscription upon notice to you.
You must access and use any Service(s) and/or Site Materials by any deadlines given to you by us during your purchase of any Service. Failure to do so may result in your inability to access the Service(s) and/or Site Materials by such deadline without any form of refund of any purchase price paid for such Services and/or Site Materials.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures and that allow you access to any Site, Services or Site Materials, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or Site Materials using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. A violation of any Terms of Use may result in the immediate termination of your right to use the Services without any refund of any fees paid for Services, as determined in FinchSec's sole discretion.
Logos and any other product or service name or slogan contained in the Services may be trademarks of FinchSec, or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of FinchSec or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "FinchSec" or any other name, trademark or product or service name of FinchSec without our express prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FinchSec and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Services are the property of their respective owners. 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 FinchSec.
FinchSec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party web sites accessible by hyperlink from the Services. Such sites are not under the control of FinchSec, and FinchSec is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FinchSec provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FinchSec of any site or any information contained therein. When you leave the Services and any website controlled by us, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Services will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Services for noncommercial purposes, provided such link does not portray FinchSec or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in FinchSec's sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any FinchSec logo or other proprietary graphic of FinchSec to link to the Services without the express prior written permission of FinchSec. Further, you may not use, frame or utilize framing techniques to enclose any FinchSec trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without FinchSec's express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FinchSec or any third party.
In consideration of your use of any of the Services, you represent you are at least eighteen (18) years of age. In consideration of your use of any of the Services, you agree to:
Failure to abide by any provision in this Section may result in the immediate termination of your license to use any Service(s) without refund of any fees paid for such Service(s).
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Services or FinchSec provided by you by participating in surveys hosted by FinchSec, or any third party vendors, on the Services or other sites, in the form of email, or any other submissions to FinchSec, or any postings on the Services, are non-confidential and shall be the sole property of FinchSec, and that upon submission of such materials to FinchSec, you thereby assign without additional consideration all right, title or interest you may hold in such materials to FinchSec. FinchSec shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
FinchSec may issue certificates for successful completion of any class or course of instruction offered under the Services. The issuance of such certificates is in the sole discretion of FinchSec.
Any software and all underlying information and technology downloaded or viewed in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774) and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to applicable export controls. Your use of the Services and/or any Site Materials is a representation to us that you are not restricted from accessing such Services and/or Site Materials under the laws of any country.
The Services may include public or restricted access discussion forums, or other user areas or services ("User Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Services ("User Content"). User Areas are provided "as is," you are solely responsible for your use of such User Areas, and you use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. FinchSec reserves the right to monitor all User Areas and remove any User Content that it deems unacceptable; provided, however, that FinchSec has no obligation to you or any other user to monitor any User Area or remove any User Content.
Any comments, questions, ideas, suggestions, or similar materials that you submit to us related to the Services (collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
FinchSec reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms at any time and in its sole discretion. If FinchSec changes or modifies these Terms of Use, FinchSec will post the changes to these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revised Terms of Use online, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Services following the posting of changes or modifications to the Terms of Use will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check these Terms of Use to determine if there have been changes to the same. If you do not agree to any amended Terms of Use, you must stop using the Services.
You agree to defend, indemnify and hold harmless FinchSec, its shareholders and owners, and its/their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Services and/or any Site Materials, including without limitation, any actual or threatened suit, demand or claim made against FinchSec, its shareholders and owners, and/or its/their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to your use of the Services and/or any Site Materials, your conduct, or your violation of these Terms of Use or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
THE SERVICES AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FINCHSEC RESERES THE RIGHT TO DENY ACCESS TO THE SITE, ANY SERVICES AND ANY SITE MATERIALS IN ITS SOLE DISCRETION. IF YOU PAY FOR A SERVICE AND YOUR PURCHASE IS DENIED BY FINCHSEC, YOU WILL NOT BE CHARGED FOR SUCH SERVICE OR YOU WILL BE REFUNDED FOR SUCH CHARGE IF IT HAS ALREADY BEEN PROCESSED.
FINCHSEC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SERVICES. FINCHSEC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FINCHSEC DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FINCHSEC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE FINCHSEC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, FINCHSEC CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
FinchSec reserves the right to change, discontinue or delete any and all Services and/or any Site Materials at any time without notice; provided, however, FinchSec shall not discontinue or delete any Service that you have purchased prior to your completion of such Service without providing you with a new Service that is substantially similar to the one that you purchased. 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, or any affiliation therewith, by FinchSec.
IN NO EVENT SHALL FINCHSEC, ITS SHAREHOLDERS OR OWNERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL 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), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, SITE MATERIALS, OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FINCHSEC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FINCHSEC'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FINCHSEC, ITS SHAREHOLDERS OR OWNERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, SITE MATERIALS OR OTHER MATERIALS AVAILABLE THEREON, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FINCHSEC FOR ACCESS TO OR USE OF THE SERVICES.
These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of Wyoming (USA) applicable to agreements made and to be entirely performed within the State of Wyoming (USA), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the courts located in the the State of Wyoming (USA), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR YOUR USE OF THE SERVICES AND/OR ANY SITE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notwithstanding anything to the contrary in these Terms of Use, FinchSec reserves the right, without notice and in its sole reasonable discretion, to suspend or terminate your license to use the Services or any portion thereof and to block or prevent your future access to and use of any of the Services. If your license to use the Services, or any portion thereof, is suspended or terminated due to a breach of these Terms of Use, you will not receive any refund for any fees paid for any such Services.
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by FinchSec, with an address of 680 S Cache Street, Suite 100 Box 7414, Jackson 83001, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The following sections of the Terms of Use will survive termination: Copyright and Limited License, Trademarks, Submissions Relating to Site(s) or Services, Export Restrictions, Indemnification, Disclaimer, Limitation of Liability, Applicable Law and Venue, Limitation on Time to File Claims, Severability, Dispute Resolution and Entire Agreement.
In the event of any dispute, controversy or claim regarding the existence, scope, validity or termination of these Terms of Use or your use of the Services, or regarding a breach of these Terms of Use, such matter shall not be referred to any court or other governmental authority, and instead shall be exclusively referred to, and finally settled exclusively by, arbitration in the State of Wyoming, USA.
All notices and other communications required under these Terms of Use that we send to you shall be sent via email to the email address that you provide to us when registering for any Service (as may be updated by you). All notices and other communications required under these Terms of Use that you send to us shall be sent via email to hello@finchsec.com
If any provision of these Terms of Use is deemed unenforceable by any court of competent jurisdiction, the remaining provisions shall nonetheless be enforceable according to their terms. Further, if any provision is held to be over broad as written, such provision shall be deemed amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and shall be enforced as amended. If any such provision cannot be amended, such provision shall be severed from these Terms of Use and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use.
These Terms of Use contain the entire understanding between you and us about the Sites, the Services, the Site Materials and any other products and/or services provided to you by FinchSec and supersede all prior agreements or understandings, whether verbal or written, related thereto. Each of us agrees that it has not relied on, and neither of us has any liability for, any representations not expressed under these Terms of Use.