FINMASON, INC.

TERMS AND CONDITIONS

 

FinMason, Inc. (“FinMason,” “we,” or “us”) provides certain educational information, tools, software, features and functionality, including content, updates and new releases (collectively, “Services”) through our website accessible at the URL https://www.finmason.com/ (the “Site”). The Services are provided to you only under the following terms and conditions (these “Terms”).

PLEASE READ THE TERMS CAREFULLY. BY USING THE SERVICES AND/OR THE SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) ARE AT LEAST 18 YEARS OLD AND OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FINMASON.  BY USING THE SERVICES AND/OR THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU ARE SIMPLY ACCESSING THE SITE) OR A “REGISTERED USER” (WHICH MEANS THAT YOU HAVE SET UP AN ACCOUNT WITH FINMASON, AS DESCRIBED BELOW).

I.
ACCESS TO SERVICES

A.
Access to Online Features

Subject to these Terms and for so long as you agreed to these Terms and abide by them, we grant you a limited, non-exclusive, nontransferable personal license to use the Services and to download, install and operate any products, scripts and other content that we may from time to time offer with respect to the Services (collectively, the “Products”).

B.
General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You shall not resell or sublicense the Products or access to the Services to any third-party. You shall use the Site, the Services and the Products only for your personal, non-commercial purposes, and your rights to access and use the Site, the Services and the Products are not transferable by you to any other person or entity. You shall not modify or create any derivative product based on the Site, the Service or the Products. You shall not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, the Services and/or the Products is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.

You agree not to use the Services, the Site or the Products to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services, the Site or the Products or servers or networks connected to the Site, the Services, or the Products or disobey any requirements, procedures, policies or regulations of networks connected to the Site, the Services or the Products. Without our written consent, which may be withheld in our sole discretion, you shall not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services; (ii) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You agree that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

Your access to, and use of, the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FINMASON MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

C.
Use of Third-Party Offerings

You may be able to access websites, content or services provided by third-parties through links that are made available on the Site.  You may voluntarily share some of your information from the Site in social media sites, subject to the terms of use and privacy policies of such sites. Additionally, from time to time FinMason may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not required in order to access and/or use the Products, the Site or the Services. If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that you will be leaving our Site and your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that FinMason is not responsible for, nor will it be liable to you or any third party for, your interaction with such third parties.

In addition, as part of the Services, Registered Users (as defined below) may direct FinMason to retrieve such Registered User’s own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“User Information”). FinMason makes no effort to review the User Information for any purpose, including but not limited to accuracy, legality or non-infringement. FinMason is not responsible for the products and services offered by or on third-party sites and FinMason cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings related to such User Information.

D.
Ownership

As between you and us, we and/or our licensors, vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, and all Products, and all related intellectual property rights. Unless you first obtain the copyright owner’s prior written consent, you shall not copy, distribute, publicly perform, publicly display or create derivative works from any Product or copyrighted work made available or accessible via the Site or the Services. These Terms do not evidence a sale and, except expressly provided herein, do not convey to you any rights of ownership in or related to the Site, the Products and/or the Services or the related intellectual property rights owned by FinMason. FinMason’s name, its logo and the product names associated with the Site, Service and/or the Products are trademarks of FinMason or its licensors, and no right or license is granted to use them.

In addition, by using the Site, the Services and/or the Products, you expressly authorize FinMason, on your behalf as your agent, to use and store information submitted by you in connection with your use of the Services (including, without limitation, information, usernames, passwords, data, personal identification numbers, and other log-in information) to access your User Information maintained by identified third parties for the purpose of providing the Services. You represent to us that you are a legal owner of, and that you are authorized to provide us with access to, such User Information (including account passwords and user names). For the purposes of this Agreement and solely to provide the User Information to you as part of the Services, you grant FinMason a limited power of attorney, and appoint FinMason as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services.

You agree that we may use any content, feedback, suggestions, or ideas you provide to us in any way, including in future modifications of the Site, Services, Products, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

E.
Users.

You agree that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your license to the Products or access to the Site or the Services (or any portion thereof).

Visitors may browse the Site in accordance with these Terms, but will not have access to certain Services (which may include downloading Products) without first becoming Registered Users. In order to use the Services and download Products available to a Registered User, you are required to set up an account with FinMason (an “Account”). When you set up an Account, you are required to select a unique user ID (“User ID”) and password to access the Services, including downloading Products. You shall not transfer or share your User ID, password or Account information (collectively, the “Account Information”) with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Information. You are solely responsible for any and all use of your User ID and Account and all activities that occur under or in connection with your User ID or Account. You agree to be responsible for any act or omission of any users that access the Site or the Services or download any Products under your User ID or Account that, if undertaken by you, would be deemed a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that your User ID or Account is being used without authorization. You agree not to register for more than one Account or register for an Account on behalf of a group, entity, or individual other than yourself, unless you are authorized to bind such group, entity, or person to these Terms. By registering another group, entity, or person, you hereby represent that you are authorized to do so.

F.
Payment.

You acknowledge and agree that certain of the Services and/or the Products offered by FinMason are provided for annual subscription fees in the amounts detailed on the Site. To the extent that you subscribe for any such Services and/or Products, you agree to pay the subscription fee(s) in accordance with these Terms.

The subscription fee(s) for the Services shall be payable by you in advance for the applicable term. In addition, you agree that we (or our third party payment service provider) may automatically charge your Account at the beginning of each recurring period for all applicable subscription fee(s) until you cancel the Services in accordance with these Terms. All payment obligations are non-cancellable and all amounts paid are nonrefundable. The subscription fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties, excluding only U.S. (federal or state) taxes based solely on FinMason’s income. All pricing terms are confidential, and you agree not to disclose them to any third party.

You agree to provide FinMason with complete and accurate billing and contact information. This information includes your legal name, street address, telephone number and email address. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, FinMason reserves the right to deny or terminate your license to the Products or access to the Site or the Services (or any portion thereof). By providing us with your email address, you agree to receive all required notices electronically to that email address.

You accept that we may permit you to submit payment for Products and/or Services through a third party payment service provider at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service provider and that we have the right to request and receive payment from such third party service provider regarding your purchase of Products or access to the Services. If payment for Products or Services is submitted directly through the Site, you will be required to give us a valid credit card or debit card number and associated payment information at the time you order any Products or Services hereunder. You agree that no additional notice or consent is required before we (or our third party payment service provider) invoice the credit card or debit card for all amounts due and payable. By providing us with your credit or debit card number and associated payment information, you agree that we, and/or our third party payment service providers are authorized to immediately invoice your Account for all fees and charges due and payable to us as a result of your order, including but not limited to Products fees, applicable set up fees, subscription fees or any other fee or charge associated with your purchase of Products or access to the Services.

We reserve the right, at any time, to change our prices and billing methods for Products and/or Services without prior notice. You agree that in the event we are unable to collect the fees you owe us for the Products and/or Services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

II.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A.
No Warranties

THE SERVICE, THE SITE, THE PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FINMASON AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. FINMASON AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE PRODUCTS WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH A FINMASON SERVICE AND/OR SITE OR BY USING A PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE PRODUCTS OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. FINMASON IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. FINMASON DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE OR THE PRODUCTS.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE PRODUCTS OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE, THE SERVICES, THE PRODUCTS AND FROM ANY OUTPUT OF THE PRODUCTS OR SERVICES. YOU UNDERSTAND THAT FINMASON HAS DEVELOPED ITS TECHNOLOGIES TO FIND INFORMATION THAT IT BELIEVES WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, FINMASON MAY IN ITS DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

B.
Limitations on the Use of the FinMason Investment Tools

FinMason provides you with educational tools that allow you to simulate different market conditions so that you can use information regarding how your portfolio may perform in response to such market conditions in your assessment of whether or not your portfolio meets your investment goals. FinMason does not make any investment recommendations, and it does not give investment advice. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. NEITHER FINMASON, NOR ANY OF THE PRODUCTS, THE SERVICES OR THE OTHER INFORMATION CONTAINED ON THE SITE, IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FINMASON IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.  You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

C.
“Improve Scenario” Universe of Securities

Results derived from the “Improve Scenario” feature of the Site are based on the past performance and other criteria of, if you are a Registered User, all mutual funds and exchange-traded funds (ETFs) publicly offered in the U.S., or, if you are using the no-fee version, all mutual funds and ETFS publicly offered in the U.S. by one or more sponsors of the Site. Past performance is no guarantee of future results.

D.
Information for Foreign Investors

This FinMason website is intended to be made available only to individuals in the U.S., and the information on this FinMason website is only for such persons. Nothing on this FinMason website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

E.
Limitation Of Liability

USE OF THE SERVICES, THE SITE AND ANY PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT WILL FINMASON OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF FINMASON WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF FINMASON AND/OR ITS AFFILIATES TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID TO FINMASON BY YOU DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. IF NO PAYMENTS HAVE BEEN MADE DURING THIS PERIOD, SUCH LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS (USD 1,000.00). IF THE PRODUCTS OR SERVICES WERE OBTAINED BY YOU FREE OF CHARGE, FINMASON’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND FINMASON RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY PRODUCTS TO YOU, AND FINMASON WOULD NOT PROVIDE THE SITE, PRODUCTS OR SERVICES TO YOU WITHOUT THIS LIMITATION.

F.
Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND FINMASON (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

III.
TERM AND TERMINATION

These Terms will become effective and binding when you download the Products, use the Products and/or the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Products, Site or Services. We reserve the right to terminate these Terms and your license to the Products or your access to the Site and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.

IV.
MISCELLANEOUS MATTERS

A.
Privacy

In the course or accessing and/or using the Site, the Services and/or the Products, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Products, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Products.

B.
Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site, the Services and the Products. Continued use of the Site, the Services and/or any Products following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services or downloadable Products may be subject to additional terms of use. By using such features, or downloading any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

C.
Modifications to Services.

We reserve the right to modify the Site, the Products, our offerings and/or Services at any time without notice. If you object to any changes to the Site, the Products or Services, your sole recourse will be to cease using them. Continued use of the Site, the Products and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site, Products and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site, Products or the Services.

D.
General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Products. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Massachusetts. The failure of FinMason to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Products, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and FinMason with regard to the matters described above.

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