LAST MODIFIED: February 2, 2023
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.
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.
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.
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.
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.