Effective: September 27, 2011
Welcome to Fun with Financials! These terms of service (the “Terms”) govern your access to and use of Fun with Financials (“we” or “our”) website and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Fun with Financials and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Pricing And Payment Policy
For the convenience of our members, Fun with Financials offers two payment plans:
Monthly Payment Plan The monthly payment fee is $28 per month, billed on the same date of each month depending upon when you placed your original order. There is no minimum length of commitment; you may cancel your membership at any time.
Annual Membership - this plan is payable at $280.00 for 12 months of membership, billed immediately upon joining. This plan is an annual commitment plan and requires a 12-month commitment at the time of sign up and renewal. There are no refunds offered for unused months of membership with this plan.
Renewal of Membership: Your membership will renew automatically, unless you cancel your membership. You must cancel your membership before it renews in order to avoid billing of Membership Fees for the renewal term to your credit card.
All prices are listed in U.S. dollars.
Permitted Use And Restriction On Use Of Fun With Financials Member Only Areas
The Services contains material which is derived in whole or in part from material supplied by Fun with Financials LLC and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws.
Restrictions On Use
You may only access Fun with Financials member only areas if you have a fully paid membership; only the member is entitled to access Fun with Financials member only areas.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Services or content received through Fun with Financials member only areas to anyone, including your fellow employees.
You agree not to create abstracts from, scrape or display from our member only content for use on another web Services or service. You agree not to post any content from Fun with Financials member only areas to newsgroups, mail lists or electronic bulletin boards, without our written consent.
No member only materials [“Material”] may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled or otherwise reduced to a human-perceivable form. Modification of the Materials for any other purpose than online viewing is a violation of copyright, trademark and other proprietary rights. Fun with Financials grants you individually a limited license in the Materials during usage, but Fun with Financials does not transfer title to the Materials to you. You own the medium on which the Materials are recorded, and Fun with Financials retains full and complete title to the Materials and all intellectual property rights therein. You may not distribute any of the Materials to others, in a manner other than for which it was intended, including, without limitation, any person in the organization by which you are employed or otherwise affiliated, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Materials. The use of any such Materials on any other website or networked computer environment is prohibited.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Fun with Financials of any unauthorized use of your account.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
When you visit Fun with Financials or send e-mails to Fun with Financials, you are communicating with Fun with Financials electronically. You consent to receive communications from Fun with Financials electronically. Fun with Financials will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that Fun with Financials provides to you electronically satisfy any legal requirement that such communications be in writing.
Any creative materials which you post or transmit to the Services or Fun with Financials by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be deemed, and shall remain, the property of Fun with Financials. None of the Information shall be subject to any obligation of confidence on the part of Fun with Financials and Fun with Financials shall not be liable for any use or disclosure of any Information and Fun with Financials is hereby granted a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
The Services may contain links to third-party websites or resources. Fun with Financials does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
The Services may include bulletin boards, chat rooms, e-mails or other forums ("Forums"). Fun with Financials is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Services that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of Fun with Financials (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Fun with Financials); is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of Fun with Financials (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Fun with Financials); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way. While Fun with Financials does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Fun with Financials reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, unacceptable, or otherwise deemed off-topic or inappropriate as set forth hereinabove or otherwise. You acknowledge that Fun with Financials reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of the Services constitutes consent to such monitoring. Fun with Financials will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. Fun with Financials reserves the right to immediately terminate its service to any customer for any violation of this Agreement.
Termination And Fees Earned
Termination By Fun With Financials
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
Fun with Financials reserves the right to modify or discontinue the Services, or any portion thereof (including member only areas) without notice to you or any third party. If Fun with Financials is terminated by Fun with Financials LLC for any reason at all, all members shall be entitled to a refund of any unused portion of their membership, whether that membership is billed on a monthly or annual cycle.
Termination By You
You may terminate this Agreement upon notice to Fun with Financials. In the event of termination, you are no longer authorized to access the Services or any portion thereof. The restrictions imposed on you with respect to Materials downloaded from the Services, your indemnity and all disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.
Due to the nature of the Services and the disclosure of the materials by Fun with Financials to you for your personal use, the annual fee of Fun with Financials is truly earned upon commencement of your access to the Services. As a result, there will be no refunds, in whole or in part for regular members.
Continuity Of Service
Fun with Financials makes every effort to keep its service up and running. However, Fun with Financials cannot and will not guarantee 100% uptime of our service and operation of the Services may be interfered with by numerous factors outside of our control. In no event shall Fun with Financials be liable for any disruption of service.
Disclaimers And Limitations On Liability
Your use and browsing of the Services is at your own risk. If you are dissatisfied with the Services, any of the materials contained in the Services including, without limitation, the webinars and other Fun with Financials communications, voicemails, and electronic transmittals to members, with this User Agreement or if the Services is not functioning to your expectations, your sole and exclusive remedy is to discontinue accessing and using the Services. See section above regarding Fun with Financials' refund policy.
Fun with Financials contains facts, views, opinions, statements and recommendations of third party individuals and organizations. Fun with Financials does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Services. You should regard statements non-factual in nature to constitute current opinions, which are subject to change. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FUN WITH FINANCIALS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SERVICES, EVEN IF FUN WITH FINANCIALS WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY. FUN WITH FINANCIALS DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM FUN WITH FINANCIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUN WITH FINANCIALS IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FUN WITH FINANCIALS OR ANYONE ELSE. IN NO EVENT SHALL FUN WITH FINANCIALS' TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE ANNUAL AMOUNT PAID BY THE ACCOUNT HOLDER, FOR ACCESSING THE SERVICES. THE SERVICES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
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 OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Fun with Financials cannot ensure that you will be satisfied with any products or services that may be advertised on the Services or that you may purchase from a third-party website that may be on, or linked to or from the Services, since such product or services may be owned and operated by independent retailers. Fun with Financials has not taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party websites. Fun with Financials 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 hereby irrevocably waive any claim against Fun with Financials, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such websites. Fun with Financials strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree to defend, indemnify and hold harmless Fun with Financials, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any Materials posted or otherwise provided by you that infringe any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services or reliance by you on any Materials contained on the Services; (c) any non-compliance by you of the User Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Services, including the Information or Materials obtained through the Services.
All information, content, services displayed on, transmitted through, or used in connection with the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Fun with Financials and protected by United States and international copyright laws. The compilation of all content on the Services is the exclusive property of Fun with Financials and protected by U.S. and international copyright laws.
Fun with Financials respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact: firstname.lastname@example.org.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Services:
Pricing and Payment Policy
Each of these policies may be changed from time to time and are effective immediately after Fun with Financials posts the changes on the Services. In addition, when using particular services on the Services, you agree that you are subject to any posted policies or rules applicable to services you use through the Services, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. This Agreement and any other posted operating rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Fun with Financials representatives and you.
Amendment Of Agreement
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Fun with Financials with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Fun with Financials’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Fun with Financials may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Fun with Financials and you are not legal partners or agents; instead, our relationship is that of independent contractors.