CAREFULLY REVIEW THIS TERMS OF USE AND USER AGREEMENT (THIS "AGREEMENT") BEFORE USING THE FINANCIAL U WEBSITE (THIS "SITE"). ANY USE OF THIS SITE CREATES A BINDING AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD EXIT THIS SITE IMMEDIATELY. IN THIS AGREEMENT, "WE," "US" AND "OUR" REFER TO FINANCIAL U, LLC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, AND "YOU" AND "YOUR" REFERS TO ANY VISITOR TO THIS SITE.
This Site is being provided to you expressly subject to the terms and conditions set forth in this Agreement. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations related to your use of this Site. We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on this Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of this Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
To ensure we are publishing content customers need and want, this Site collects aggregated site visitation statistics using cookies. When someone visits this Site, a cookie is placed on the customer's computer (if the customer accepts cookies). We also may advertise Financial U or its sponsor products and services on other websites you might visit. We may use certain third party vendors, including but not limited to, Google, Microsoft, or Yahoo, to place our ads on other websites. These third parties may use the cookies placed on your computer to show you advertisements for our services (based on your prior visits to this Site) on other websites. You can opt out of Google's, Microsoft's and Yahoo's use of cookies in this manner by visiting their respective advertising opt-out pages. If you choose to not have your browser accept cookies from this Site, you will not be able to subscribe to the service offerings on this Site.
We automatically log generic information about your computer and your computer's connection to the Internet, which is called "session data." Session data consists of things such as device information, IP address, operating system and browser software information, and the activities conducted by the user while on our site. An IP address is a number that lets computers attached to the Internet, such as our web servers, know where to send data back to the user, such as the pages of this Site the user wishes to view. We collect session data because it helps us analyze such things as what items visitors are likely to click on the most, the way visitors are clicking through this Site, how many visitors are surfing to various pages on this Site, how long visitors to this Site are staying and how often they are visiting. It also helps us diagnose problems with our servers and lets us better administer our systems. It is possible to determine from an IP address a visitor's Internet Service Provider and the approximate geographic location of his or her point of connectivity. We also collect and use session data to help prevent fraud or unauthorized use of our Site. Session data is sometimes shared with third parties.
The copyright for all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by Financial U, LLC or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Financial U, LLC. You acknowledge that the Content is and shall remain the property of its respective owner. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written approval. You also may not, without our express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content of Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any national, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on this Site is strictly prohibited. We make no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by the product sponsor.
Financial U (including the Financial U logo), the website domains www.financialu.com, www.financialyou.com and www.financialyou.org, and all related logos (collectively the "Financial U marks") are trademarks, service marks or licensed brands of Financial U, LLC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the marks found on this Site unless in accordance with written authorization by us. We prohibit use of any of the marks or licensed brands as part of a link to or from this Site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Financial U mark, or whether any mark or logo is a Financial U mark, should be referred to Financial U.
This Site may contain links to websites controlled or offered by third-parties (non-affiliates). Financial U hereby disclaims liability for any information, materials, products or services posted or offered at any of the third-party sites linked to on this Site. By creating a link to a third-party website, we do not endorse or recommend any products or services offered or information contained at that website, nor are we liable for any failure of products or services offered or advertised at those websites. Such third-party may have a privacy policy different from that of Financial U or the Financial U product sponsors, and the third-party website may provide less security than the Financial U website or the websites of the Financial U product sponsors.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FINANCIAL U RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
IN NO EVENT WILL FINANCIAL U, LLC, ITS AFFILIATES, ANY OF THE FINANCIAL U PRODUCT SPONSORS, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING COMPANIES, BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSSES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THIS SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FINANCIAL U, LLC, ITS AFFILIATES, EACH OF THE FINANCIAL U PRODUCT SPONSORS, AND EACH OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ALL OF THE FOREGOING COMPANIES (EACH AN "INDEMNIFIED PARTY" AND COLLECTIVELY, THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS OR LIABILITIES, INCLUDING ATTORNEYS' FEES AND COSTS, INCURRED BY ANY INDEMNIFIED PARTY IN CONNECTION WITH ANY CLAIM BY A THIRD-PARTY (INCLUDING ANY INTELLECTUAL PROPERTY CLAIM) ARISING OUT OF (I) MATERIALS AND CONTENT YOU SUBMIT TO, POST TO OR TRANSMIT THROUGH THIS SITE, OR (II) YOUR USE OF THIS SITE IN VIOLATION OF THIS AGREEMENT OR IN VIOLATION OF ANY APPLICABLE LAW. YOU FURTHER AGREE THAT YOU WILL COOPERATE FULLY IN THE DEFENSE OF ANY SUCH CLAIMS. EACH INDEMNIFIED PARTY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF THE APPLICABLE INDEMNIFIED PARTY(IES).
We have no obligation to monitor this Site; however, you acknowledge and agree that we have the right to monitor this Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate this Site, or to protect itself or other users of this Site.
All information submitted to us via this Site shall be deemed and remain our property, and we shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Site provides to us through this Site. We shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the product sponsor having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing the responsibilities and obligations of the product sponsors to their respective customers in accordance with their respective privacy policies.
In addition to collecting session data as described above, we may collect from visitors to this Site email addresses and other personally identifiable information submitted to us by visitors to this Site. We may use session data as described above, and we may use other personally identifiable information submitted to us by visitors to this Site to facilitate your use of this Site and for fraud prevention, marketing and other everyday business purposes. We may share session data and other personally identifiable information submitted to us by visitors to this Site with our affiliated companies, with service providers who provide services to us, with Financial U product sponsors, and to non-affiliated third-parties for marketing purposes and for other purposes as permitted by law. We safeguard and secure your personally identifiable information as required by applicable law.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By offering this Site and the Content, no distribution or solicitation is made by us to any person to use this Site or the Content in jurisdictions where the provision of this Site and/or content is prohibited by law.
This Agreement is effective until terminated by us. We may terminate this Agreement at any time without notice, or suspend or terminate your access and use of this Site at any time, with or without cause, in our absolute discretion and without notice. The following provisions of the Agreement shall survive termination of your use or access to this Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to this Site.
Failure by us to enforce any of our rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
This Agreement and all other aspects of your use of this Site shall be governed by and construed in accordance with the laws of the State of Texas. You agree that you will notify us in writing of any claim or dispute concerning or relating to this Site and the information or services provided through it, and give us a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against us.
This Agreement shall be subject to any other agreements you have entered into with us or any of the product sponsors of Financial U or this Site.
Certain sections or pages on this Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement supersedes any previous Website Terms of Use and User Agreement to which you and we may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against us, you and our and your respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
© 2013 Financial U, LLC. ALL RIGHTS RESERVED