Finance Guru Privacy Notice
Finance Guru LLC (“we” or “Finance Guru”) is committed to protecting the privacy rights of Consumers. For purposes of this policy, “you” or “your” means any visitor to our website or any Consumer or household whose Personal Information is received by Finance Guru in any way. Protecting your privacy is fundamental to the way Finance Guru LLC conducts business. This Privacy Notice explains what Personal Information is, how we receive and may use Personal Information, and, most importantly, Finance Guru’s commitment to honor your rights under certain privacy laws. By using the Finance Guru Website or Services, you consent to the privacy practices described in this Policy.
In the course of providing services to our business partners, we may receive sensitive information about their clients (“you” or “Consumer ”) that potentially identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household (”Personal Information”). Personal Information does not include publicly available information, deidentified information, or aggregated Consumer information.
Collection of Personal Information
We may receive Personal Information for the purpose of performing services on behalf of our business partners:
- By which you may be personally identified, such as first and last name, postal address, e-mail address, telephone number, or any other identifier; products/services you purchase and/or
- That is about a website visitor but does not identify a specific person, such as internet connection, the equipment used to access our Website, and usage details.
We may also receive Personal Information:
- From third parties, for example, our business partners or subcontractors;
- Automatically as you navigate through our website (www.financeguru.com). Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
- If you contact us through our website, we will receive your name, email address, and any comments included in your message. You may decline to provide us this information, but this may result in us being unable to verify any request.
We will not retain or use any Personal Information for any purpose other than: (i) providing services to our business partners; and (ii) using the Personal Information internally to verify sales completed by our subcontractors, maintain the quality of our services, comply with legal requirements, and improve the services for our business partners.
We may disclose Personal Information we receive: (i) to our subsidiaries, affiliates, contractors, service providers, and other third parties we use to support our business; (ii) to fulfill the purpose for which you provide it; (iii) to comply with any court order, law, regulation, or legal process, including responding to any government or regulatory request; (iv) to carry out our obligations and enforce our rights arising from any contracts entered into between you and our business partners; (v) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of us, our business partners or others; or (vi) with your consent.
We do not engage in any of the following: (i) selling Personal Information; (ii) retaining, using, or disclosing Personal Information for any purpose other than providing services to our business partners; or (iii) retaining, using, or disclosing Personal Information outside of the direct business relationship with our business partners.
Finance Guru has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access and disclosure. The use of, and access to, your Personal Information by us is restricted to employees and subcontractors who need to know that information to provide services to our business partners. We maintain physical, electronic and procedural safeguards to limit access to your Personal Information.
Data Privacy laws, such as the California Consumer Privacy Act (“CCPA”), provide certain Consumers with specific rights regarding their Personal Information. When a verified request is submitted through our designated Request Form , Consumers have the right to know the categories and specific pieces of Personal Information that we receive pertaining to the requesting Consumer. We will honor the legal rights provided in applicable Data Privacy laws to all verified Consumer requests. This section describes how to exercise your right to: (i) know what Personal Information Finance Guru has collected about you; and (ii) request that your Personal Information is deleted, provided that no exception exists.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the 12 months preceding the date of your verified request. We will make all reasonable efforts to retain Personal Information no longer than necessary, which typically will be less than 12 months.
Once we receive your request and confirm you’re a verifiable Consumer, our Data Manager, within the timelines required under the Data Privacy laws, will disclose to you:
- The categories of Personal Information we received about you
- The categories of sources from which we received the Personal Information
- Our business purpose for receiving the Personal Information
- The categories of third parties (if any) with whom we share the Personal Information
- The specific pieces of Personal Information we received
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
An exception would apply if any of the following occur: (i) the request would violate evidentiary privilege; (ii) your information is necessary to comply with any court order, law, or legal process, including responding to any government or regulatory request; (iii) your information is necessary to complete the transaction for which the Personal Information was collected; (iv) you previously made two (2) requests within a twelve (12) month window.
Once we receive and confirm your verifiable Consumer request and an exception does not apply, we will delete (and direct our service providers to delete) your Personal Information from our records.
Exercising Access, Data Portability and Deletion Rights
To exercise the rights described above, please submit a verifiable Consumer request to Finance Guru’s Data Manager, through any of the following methods:
- Email: firstname.lastname@example.org
- Phone number: 1 888 995 0263
- Request Form:
Only you, or a person that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. If an agent submits a request on your behalf, Finance Guru will require that you: (1) provide the authorized agent written permission to do so; and (2) verify your own identity directly with Finance Guru. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf. If the agent demonstrates authorization through power of attorney, Finance Guru will not require written permission to make a request on your behalf.
A verifiable Consumer request for access, data portability, or deletion, may only be made twice within a 12-month period. The verifiable Consumer request must:
- Provide sufficient information that allows us and our business partners to reasonably verify you are the person about whom we collected personal information or an authorized representative
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it
Finance Guru cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
You are not required to create an account with Finance Guru to make a verifiable Consumer request. Finance Guru will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.
Do Not Sell My Personal Information
Although it is our policy that we do not sell your personal information, the California Consumer Privacy Act (“CCPA”) gives California resident consumers the right to opt-out of allowing Finance Guru LLC to sell personal information in the future. In order to send an opt-out request to prevent the selling of personal information, please click the below “Do Not Sell My Personal Information” button below and fill out and submit the form:Do Not Sell My Personal Info
Response Timing and Format
Finance Guru will acknowledge receipt of your request within ten (10) days of its receipt. Finance Guru endeavors to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sharing Personal Information
Finance Guru may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We will not discriminate against you for exercising any of your data privacy rights and we will not cause our business partners or subcontractors to:
- Deny you any services
- Provide a different level or quality of service
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of products or services
Changes to Our Privacy Notice
Finance Guru reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which Finance Guru collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights please do not hesitate to contact us at:
- Email: email@example.com
- Phone number: 1 888 995 0263
- Request Form:
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to our Services.
Our Services are Not Intended for Minors
Your Access and Use of our Services
Your access and use of our 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 our website or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice.
You Must Maintain the Security of Any Password Issued to You. If Finance Guru requires you to create a password to use certain Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer because of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to Finance Guru.
You Are Responsible for Your Financial Decisions. We and our affiliates, through the product offering, may provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other financial professionals (“Service Providers”). We do not endorse or recommend the Services or services of any Service Provider and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s Services or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions.
You Acknowledge and Agree that We are Not a Service Provider. We are not a lending institution, insurance provider or other Service Provider. Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial Services.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services.We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
You Do Not Pay Fees to Us for Basic Services. Unless you are a Service Provider or order a specific service through our Services, we do not charge you a fee to use our basic Services. Service Providers may pay us fees for services and to be matched with users of our Services, however. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement.
You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s Services or services, including any fees charged by a Service Provider.
Requests for Quotes and Offers
We may share your information with third parties when you use our Site to request a rate, quote, service, approval, or information from those third parties (a “Request”). IF YOU SUBMIT A REQUEST, SERVICE PROVIDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION, YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY.
By submitting a Request, you expressly consent to the third party conducting any research necessary to provide you with information about your Request. Third parties may need to share your information to conduct such research. If you do not want third parties to conduct necessary research to provide you with a quote for your Request, then you should not submit a Request.
Finance Guru Services
Our Services may act as a venue, through blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements (“User Generated Content”). Neither we nor our advertisers are involved in the actual transmission of User Generated Content provided for in the Forums. As a result, neither we nor our advertisers approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that neither we nor our advertisers have control over the User Generated Content submission’s quality, correctness, timeliness, safety, truth, accuracy or legality by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. It is neither our nor our advertisers’ responsibility to ensure all posts and questions submitted on the Forums are answered. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right (but not the obligation) to remove or edit any User Generated Content in the Forums, for any reason or no reason, in our sole discretion.
Transmissions, Submissions and Postings
If you transmit, submit or post information to our Services that is not Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). If you have obtained prior written permission from us to transmit, submit or post information to our Services that is Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to our Services:
- Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without our written permission; or
- Federally trademarked and/or copyrighted information without our prior written permission.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials about the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
Access and Interference
You agree that you will not 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 our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
When you use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of our Services.
Third Party Links or Access
There may be provided on our Services links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the Services or services of those third parties. We are not responsible for the activities or policies of those third parties. We are not responsible for examining or evaluating any third-party Services or services and we do not warrant their offerings. We do not guarantee that the terms or rates offered by any advertiser, business partner, affiliate, Service Provider or other third party on or through our Services are the best terms or lowest rates available in the market.
If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to Finance Guru.
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- We will remove or disable access to the material that is alleged to be infringing;
- We will forward the Notification to the alleged infringer (“Subscriber”); and
- We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
We Make No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL SERVICES AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND SERVICES ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND SERVICES ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND SERVICES ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique, and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, SERVICES OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Illinois shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of Cook County, Illinois, or the United States District Court, Northern District of Illinois. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Services or services sold, offered, or purchased through our Services (“Dispute”).
1.1 You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the \Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.
The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
1.2 The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
1.3 You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
1.4 If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
1.5 This Agreement to Arbitrate will survive the termination of your relationship with us.
Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Cook County, Illinois. You and we agree to submit to the personal jurisdiction.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us.