Fintuitive LLC, a Delaware Limited Liability Company (hereafter, “Fintuitive”) is pleased to provide you with data, information, text, content, tools, analysis, software or graphics in various forms or media, including, but not limited to, through its websites, email, mobile applications, other electronic delivery methods, print, etc. (collectively, the “Services”).
Use of Services
Subject to the terms and conditions herein, Fintuitive grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services, and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell the Services or permit other users access to our Services through your account.
Violating these Terms may result in the termination of your Fintuitive account, prohibition on use of the Services, and further legal action. Fintuitive reserves the right, in its sole discretion, to limit your use of or access to the Services, in order to maintain the performance and availability of the Services and to enforce these Terms.
Availability of Services
Fintuitive does not guarantee availability of the Services and you may access the Services if and when they are available. The Services may occasionally be unavailable due to service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Fintuitive reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice.
The Services may contain information and services provided by third parties and links to third-party websites (“Third Party Content”). While Fintuitive makes every attempt to provide accurate and timely information and services, neither Fintuitive nor any of its Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content available from third party sites. Inclusion of any of the Third Party Content in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Fintuitive with respect to any third party or Third Party Content.
The Third Party Content is protected by US and international copyright and other intellectual property laws, and is owned or licensed by the Third Party Content providers.
Ownership and Copyright
You acknowledge and agree that the Services are owned by Fintuitive and its respective Third Party Content providers (for the portions of Services that are Third Party Content), and that the aforementioned are protected by international copyright and other intellectual property laws.
You further acknowledge and agree that the Services contain certain proprietary data and information of Fintuitive and its Third Party Content providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Unless you have Fintuitive’s written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Services, with the exception of use of email or other sharing functionality that is explicitly provided by Fintuitive.
Each Third Party Content provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
It is Fintuitive’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fintuitive’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.
FINTUITIVE is a registered mark of Fintuitive. You will not use or allow any third party to use any of Fintuitive's marks, including but not limited to the foregoing, without Fintuitive's prior express written consent. All marks not owned by Fintuitive are the property of their respective owners.
Security and Password
If you have a password for access to the Services, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password. Accordingly, you agree to protect the confidentiality of your password and to notify Fintuitive immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Fintuitive in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
You are prohibited from using automated systems or software to extract data from any of Fintuitive’s websites, mobile applications, emails, or other media for commercial purposes, (‘screen scraping’) unless you have executed a written license agreement with Fintuitive permitting you to do so.
No Offer of Securities or Other Services
The Services are made available for informational purposes only and do not constitute, and should not be construed as soliciting or offering any investment or other transaction, identifying securities for you to purchase or offer to purchase, recommending the acquisition or disposition of any investment, or otherwise providing any financial, tax, legal or other advice of any nature whatsoever. If you are seeking advice rather than information, you should instead obtain the services of an independent advisor. Except for providing access to information via the Services, Fintuitive does not provide any other services hereunder. Fintuitive does not serve as an agent for you or any securities or investments, market securities to you, advise you in negotiations or handle any monies or securities in transactions between you and other third parties. Fintuitive is not registered as a broker or dealer with the U.S. Securities and Exchange Commission (SEC) nor is it a member of a self-regulatory organization such as the Financial Industry Regulatory Authority, Inc. (FINRA) or of the Securities Investor Protection Corporation (SIPC).
Disclaimer of Warranties
NEITHER FINTUITIVE NOR ITS THIRD PARTY CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. THE SERVICES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FINTUITIVE DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. NEITHER FINTUITIVE NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES.
FINTUITIVE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FINTUITIVE ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER FINTUITIVE NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER FINTUITIVE NOR ITS CONTENT PROVIDERS WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE SEC, FINRA OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
Limitation of Liability
NEITHER FINTUITIVE, NOR ANY PERSON THROUGH WHOM FINTUITIVE MAKES THE SERVICES AVAILABLE WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INVESTMENT LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FINTUITIVE SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY) WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
FINTUITIVE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FINTUITIVE DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FINTUITIVE AND ITS THIRD PARTY CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, AND THE USE OF, OR RELIANCE ON, THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000. THIS IS TRUE EVEN IF FINTUITIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You agree to indemnify and hold Fintuitive and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Services, or from your violation of these Terms.
This Agreement shall constitute the entire agreement between you and Fintuitive regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter. To the extent that you execute a separate agreement (“Separate Agreement”) with Fintuitive associated with the Services and the Separate Agreement is in conflict or inconsistent with this Agreement, the Separate Agreement shall take precedence.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Governing Law and Jurisdiction
This Agreement and its enforcement
are governed by the laws of the State of New Jersey, without regard to
conflicts of law, and shall inure to the benefit of Fintuitive's successors and
assigns, whether by merger, consolidation, or otherwise. You hereby
consent to, and agree to bring any and all claims in, the exclusive
jurisdiction of the state and federal courts located in Essex County, New Jersey,
U.S.A., for any action or proceeding arising under or relating to this
Agreement, the Services, or the use of, or reliance on this Services, whether
based in contract or tort or otherwise.