Terms of Service

 

Welcome to FinClusive services, website, applications, mobile apps, and other tools (the "platform").

It is important to us that we provide you, and our other visitors, clients, counterparties and stakeholders with an engaging, fun, safe and empowering experience while using our platform. It is also important that when you use our platform you are fully aware of your respective legal rights and obligations.

 

We have created these Terms of Service ("Terms") as the legally binding terms to govern your use of this platform. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

 

Summary and Terms

 

A list summarizing the contents of these terms appears below, followed by the policy in full. Should there be any discrepancy between the summary and the full Terms, the language of the full Terms of Service shall govern.

·         You accept these Terms - Each time you access and/or use the platform, you agree to be bound by these Terms and any additional terms that will apply to you.

·         Updates to Terms - These Terms and additional terms posted on this platform at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the platform.

·         Legal Capacity - You represent that you have the legal capacity to enter into the agreement set out in these Terms.

·         Age - You represent that you are at least eighteen (18) years of age.

·         You Must Provide Accurate Information - The information you submit to the platform must be correct. We can refuse access to the platform if we learn that information you have provided is inaccurate.

·         Online Privacy Notice - You agree to the terms of our Privacy Policy.

·         Internet Browsers - We support only certain internet browsers.

·         Disclaimer of Warranties - We disclaim warranties and provide the platform "As Is."

·         Limitation of Liability - Our liability is limited.

·         Trademarks and Copyrights - This platform is protected by copyrights, patents, trade secrets or other proprietary rights.

·         Permitted uses - We only grant you a limited revocable license to use the platform for your own non-commercial use subject to rules and limitations.

·         Submissions and Emails - We do not accept unsolicited ideas through your submissions and emails and will not pay for them.

·         Invited Submissions - From time to time, we may invite you to submit content to the platform. We will not pay for invited submissions.

·         Responsible Use of platform - You may only use the platform for lawful purposes.

·         Release - You release us from any claims relating to third parties.

·         System Abuse - You may not abuse the system.

·         Security - Your usernames and passwords for this platform are for your use only and you are responsible for their security.

·         Violation of Security Systems - You may not tamper with this platform, the system for the platform or the accounts of others.

·         Investigations - FinClusive reserves the right to investigate suspected violations of these Terms.

·         Service - In order to use this platform, you must obtain access to the World Wide Web and pay any related fees. We are not responsible for your access to the platform.

·         Reservation of Rights - FinClusive may modify or discontinue this platform at any time.

·         Third-Party Sites - We are not responsible for third parties or their content, advertisements, apps or sites.

·         Proprietary Online Services - Any area of this platform that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such service.

·         Jurisdictional Issues - The platform is designed to provide information regarding products in the United States.

·         Choice of Law - Delaware law will apply to these Terms.

·         How to Contact Us - FinClusive owns and operates this platform. You can contact us at contact@finclusive.com.

·         General - If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.

 

Full Scope of Terms

 

1.       You Accept These Terms - If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this platform. By using this platform you will be deemed to have irrevocably agreed to these Terms. Some areas of this platform may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this platform, unless otherwise expressly stated.

 

2.       Updates to Terms - Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this platform. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our platform. You should visit our website regularly to review the current terms. Your continued use of the platform will be deemed as irrevocable acceptance of any revisions.

 

3.       Legal Capacity - This is a general audience platform for adults. We will assume (and by using this platform and the FinClusive Services you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

 

4.       Age - You represent that you are at least eighteen (18) years of age.

 

5.       The Information You Give Us Must Be Correct - To access this platform or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this platform that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the platform, or any of its resources, and to terminate or suspend your account.

 

6.       Online Privacy Notice - Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on or by this platform. For more information, please see our Privacy Policy.

 

7.       Internet Browsers - Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 and higher, Chrome for iOS, and Chrome for Android.

 

8.       Disclaimer of Warranties - YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PLATFORM, FINCLUSIVE, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF FINCLUSIVE ("THE FINCLUSIVE GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FINCLUSIVE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PLATRFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FINCLUSIVE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE FINCLUSIVE GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE FINCLUSIVE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.


ALL RIGHTS, OBLIGATIONS AND COVENANTS OF THE FINCLUSIVE GROUP AND ANY FINCLUSIVE CUSTOMER WITH RESPECT TO ANY FINCLUSIVE PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.

 

9.       Limitation of Liability - IN NO EVENT WILL THE FINCLUSIVE GROUP, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, ITS MOBILE APPLICATIONS OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF THE FINCLUSIVE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF THE FINCLUSIVE GROUP, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

 

10.   Trademarks and Copyrights - This platform and materials incorporated by FinClusive on this platform ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property Rights"). Some of the characters, logos or other images incorporated by FinClusive on this platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by FinClusive or others ("Trademarks"). FinClusive respects the intellectual property rights of others and asks users of this Site to do the same. You may not copy or use the names, marks or logos of FinClusive or those of any of its U.S. financial institution customers (our "Partner Banks") in whole, in part, in modified form or otherwise. Certain third party trademarks, logos and brands may appear on the Site, and those are the sole property of their respective owners. FinClusive is independent of its Partner Banks, and none of the terms of any agreement between you and a Partner Bank has any effect on or relation to these Terms.

 

11.   Your Use of Material - Your right to make use of this platform and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited. You may access and display Material and all other content displayed on this platform for non-commercial, personal, or entertainment use and only to learn about FinClusive, its products and services. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by FinClusive. FinClusive transfers no right, title or interest in any content on the Site to you, whether as a result of your downloading or printing content or otherwise. Any authorization to copy Material granted by FinClusive in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. You may not use, alter, copy, distribute, transmit our Site content, or create another work based on that content, except in any case as expressly permitted by these Terms.

 

12.   Submissions, Postings and E-mails - FinClusive is interested in hearing from you regarding your questions or comments about our platform. However, FinClusive does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of FinClusive.

 

13.   Invited Submissions - From time to time, areas on this platform may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOUR BANK ACCOUNT INFORMATION AND YOUR TRANSACTIONS INFORMATION AND DATA AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the platform.

 

14.   Claims of Infringement - If you believe that any content appearing on this platform infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

·         Your name, address, telephone number, and e-mail address;

·         A description of the copyrighted work that you claim has been infringed;

·         The exact URL or a description of each place where alleged infringing material is located;

·         A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

·         Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

·         A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

·         Copyright Agent FinClusive Capital, Inc, 577 Bullock Drive, Guilford, VT 05301 and Dilworth Paxson.

·         FinClusive seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

 

15.   Responsible Use of the Platform - Please act responsibly when using this platform. You may only use this platform and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not FinClusive, and that you are responsible for all material you upload or otherwise transmit to or through this platform. You may not link or otherwise connect our platform or any content on our platform without our prior written permission to do so. You agree that you will not use this platform for any of these prohibited uses or purposes:

·         Selling, reselling or offering for sale or resale any content or aspect of this platform;

·         Bypassing any measures we use to prevent, restrict or otherwise limit access;

·         Using the platform to send altered, deceptive, or false information;

·         Using the platform to intercept, collect, or store personal information of others;

·         Using the platform to spam or phish or otherwise impact the operation of the platform or the integrity of the use of the platform by FinClusive or others;

·         Accessing, monitoring or copying any content or information on the platform, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;

·         Framing or otherwise incorporating all or any portion of the platform into any other site;

·         Decompiling, disassembling or reverse engineering any of the software or content used in any part of the platform;

·         Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the platform;

·         Overloading or otherwise crashing or attempting to crash the platform; and

·         Engaging in any high volume data transfers or bandwidth use through your use of the platform.

 

16.   Release - If you have a dispute with one or more users, you release us, affiliates and subsidiaries, and our and their respective officers directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

17.   System Abuse - Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this platform by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this platform.

 

18.   Security - Any usernames and passwords used for this platform are for individual use only. You shall be responsible for the security of your username and password (if any). FinClusive shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that FinClusive considers insecure, FinClusive will be entitled to require this to be changed and/or terminate your account.

 

19.   Violation of Security - You are prohibited from using any services or facilities provided in connection with this platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FinClusive reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

20.   Investigations - FinClusive reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. FinClusive may seek to gather information from the user who is suspected of violating these Terms, and from any other user. FinClusive may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FinClusive believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate.

 

FinClusive will fully cooperate with any law enforcement authorities or court order requesting or directing FinClusive to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE FINCLUSIVE GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE FINCLUSIVE GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE FINCLUSIVE GROUP OR LAW ENFORCEMENT AUTHORITIES.

 

21.   Service - In order to use this platform, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the platform on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).

 

22.   Reservation of Rights - FinClusive reserves the right to modify or discontinue, temporarily or permanently, all or any part of this platform and/or any software, facilities and services on this Site, with or without https://www.finclusive.com/terms-of-servicenotice, and/or to establish general guidelines and limitations on their use.

 

23.   Local Regulations - FinClusive makes no representation that Materials or other content on the platform are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the platform from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

24.   Third-Party Sites - This platform may link you to other sites on the Internet, such as Partner Banks. These other sites are not under the control of FinClusive, and you acknowledge that (whether or not such sites are affiliated in any way with FinClusive) FinClusive is not responsible for the content of such sites. FinClusive cannot ensure that you will be satisfied with any services that you obtain from any third party site that links to or from FinClusive. FinClusive does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any of these third parties. You acknowledge and agree that if you use those links, you will be subject to that third party's terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party's website.

 

25.   Proprietary Online Services - Any area of this platform that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

 

26.   Jurisdictional Issues - The Materials and all other content in this platform are presented for the purpose of providing information regarding products available in the United States and elsewhere.

 

27.   Choice of Law - With the exception of Section 10, which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware.

 

28.   How To Contact Us - This platform is controlled and operated by FinClusive Capital, Inc., located at 577 Bullock Drive, Guilford, Vt 05301. Please forward any comments or complaints about the Site to contact@finclusive.com. Please forward any questions regarding privacy to contact@finclusive.com.

 

29.   General - If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and FinClusive relating to the matters contained here and the platform.