Effective Date: June 16th, 2020
Please read these terms of service (“agreement” or “terms of use”) carefully before using the services offered by finanshels, inc. (“company”). This agreement sets forth the legally binding terms and conditions for your and your business or other legal entities (“you”) use of the various websites owned and operated by company, including, without limitation, thehttps://www.finanshels.com/ website and domain name (“sites”), and any other features, content, or applications offered from time to time in connection therewith (collectively, the “service”). By using the sites or service in any manner, including but not limited to visiting or browsing the sites, you agree to be bound by this agreement. This agreement applies to all users of the sites or service, including users who are also contributors of content, information, and other materials or services on the sites. By entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to this agreement and that you are of legal age to form a binding contract.
The Service is offered subject to acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the Service does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the Service to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Company's current privacy policy is located athttps://www.finanshels.com//privacy-policy (the “Privacy Policy”) and is incorporated into these Terms of Use by this reference. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact contact@finanshels.com.
As a condition to using certain aspects of the Service, you will be required to register with Company and select a password and email address. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not select or use an email address of another person with the intent to impersonate that person. Company reserves the right to refuse registration of, or cancel a Company account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify the Company in written format of any unauthorised use of your account, or other account related security breach of which you are aware.
Company shall have the right to use Customer’s name in a factual manner for marketing or promotional purposes on Company’s website and in other communication with existing or potential customers. To refuse Company this right, Customer must email Company (at the email address provided in the Service) stating that Customer does not wish to grant Company this right. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in effect and enforceable.
Customer shall have the right to grant users, including its employees, investors, vendors, advisors and agents, access to its account for use of the Services in accordance with this Agreement (“Authorized Users”) and designate which Authorized Users shall have administrative privileges. Customer is solely responsible for ensuring Authorized Users comply with the Agreement. Customer shall be responsible for all activities occurring under Customer’s account, including all activities of its Authorized Users, and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and Authorized User passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
Company may invite Customer to try certain services at no charge for a free trial or assessment or if such services are not widely available to customers (collectively, “Evaluation Services”). Evaluation Services will be identified as alpha, beta, trial, early access, limited release, pilot, evaluation, or similar. Evaluation Services are for Company’s internal analyitical purposes only and not for production use, are not considered “Services” under this Agreement, are not supported, are provided “as is” without warranty of any kind, and may be subject to additional terms. Company may discontinue Evaluation Services at any time in its sole discretion and may never make them generally available. Company will have no liability for any harm or damage arising out of or in connection with any Evaluation Services.
By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to contact@finanshels.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Through the service, you may direct company to retrieve certain information maintained online by third-party financial institutions or providers with which you have a customer relationship, maintain accounts or engage in financial transactions (“account information”). You agree to provide your username, password, pin and other log-in information and credentials necessary to access your account with such institutions or providers (“access information”), and you hereby grant company permission to use the access information and account information for the purposes contemplated by this agreement. By using the service, you expressly authorize company to access, store and use your account information maintained by identified third parties, on your behalf as your agent. You hereby authorize company to store and use your access information to accomplish the foregoing and to configure the service so that it is compatible with the third party sites for which you submit account information. This may include, without limitation, monitoring your usage (including the location of relevant clicks and links) of such third party sites (when accessed through the service) solely to facilitate such compatibility and our contemplated access to your relevant account information in connection with the service. For purposes of this agreement, you grant company a limited power of attorney, and appoint company as your attorney-in-fact and agent, to access third party sites using access information, and to retrieve, store and use your account information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person solely in connection with company’s provision of the service. You acknowledge and agree that when company accesses and retrieves account information from third party sites, company is acting as your agent, and not as the agent of or on behalf of the third party. You acknowledge and agree that the foregoing does not imply sponsorship or endorsement by any third party services accessible through the service. You represent and warrant that neither the foregoing (or anything else in this agreement) nor your use of the services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site or service.
The service is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice. You acknowledge and agree that you are responsible for your own legal, tax, financial and investment research and decisions, that the service is only one tool that you may use as part of a comprehensive analysis process that should involve many other tools and sources of information, that you should not rely on the service, and that company will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the service. Prior to the implementation of any legal, tax, financial or investment decision or activity, you should always consult with your relevant legal, tax, financial or investment advisor or representative. The service is not intended to provide legal, tax or financial advice. Company is not a financial planner, broker or tax advisor.
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Payment processing services for you on Company are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Company, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, you agree to provide Company accurate and complete information about you and your business, and you authorize Company to share it and transaction information related to your use of the payment processing services provided by Stripe.
Through the Service, you may receive certain types of alerts. Account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and you may be asked to select from among these options.
Electronic alerts will be sent to the email address you have provided as your primary email address. You are responsible for informing us of changes to your e-mail address. Because alerts are not encrypted, we will never include your password. However, alerts may include information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any alert. You also agree that Company shall not be liable for any delays in delivery or failure to deliver any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content, goods or services available on or through the Service transmitted to or by any third party.
You may not use the Service for any purpose that is prohibited by these Terms of Use. The Service is provided only for your internal use in connection with your lawful business activities. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, blogs or forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) post any content on or through the Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service.
Company reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for your internal business use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than for your internal business use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
The Service may also provide you with the ability to post content such as blog comments to the Service. Although some of the individuals posting to the Site work for Company, any opinions expressed are the personal opinions of the original authors, not of Company. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Company or any other party. Company assumes no responsibility or liability for any blogs, opinions or other commentary posted on the Site or any website linked to the Site, and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of such content.
The Site is available to the public. No information you consider confidential should be posted to this Site. If you submit content, you agree that Company may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Company may modify, display, delete, transmit or distribute content posted on the Site in its sole discretion and without your permission. However, Company shall not be responsible for controlling or editing any content, nor can Company ensure prompt removal of inappropriate or unlawful content. You also grant to Company a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any content you provide.
By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the Site, and release Company from any liability related to your use of the Site. Company reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Neither Company or Customer will use or disclose the other party’s Confidential Information without the other’s prior written consent, except for the purpose of exercising rights under or performing this Agreement, or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable before disclosing the Confidential Information.
When Customer provide Company with any suggestions, information, ideas, or feedback concerning finanshels, its functionality and features, or any model, report or output, errors discovered, or any suggestions for or relating to any models or output (“Feedback”) while using finanshels, such Feedback will be the property of Company. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights, to Company and agree to assist Company in perfecting and enforcing these rights.
Subject to your compliance with these Terms of Use, Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Company websites (located at the following URL:https://www.finanshels.com/), and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If Company, in Company’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Company will be entitled to recover from you as part of such legal action, and you agree to pay, Company’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
Company makes no representations concerning any content contained in or accessed through the sites, and company will not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any content or material contained in or accessed through the sites. You should independently verify all content and other information that you access through the service. By using the service, you agree that company shall not be responsible for (1) any content, (2) any person’s reliance on any such content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any content or otherwise as a result of your use of the service. Your use of or reliance on any content is at your own risk.
The service (including, without limitation, any content) is provided "As is" and "As available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) the use of the service will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements or expectations. Your use of the service is solely at your own risk. The services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Electronic communications privacy act notice (18 usc 2701-2711): company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the sites or any website linked to the sites.
Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on company’s equipment, transmitted over networks accessed by the sites, or otherwise connected with your use of the service.
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content, or otherwise from any content that you post to the Sites, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
In no event shall company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (including, without limitation, any content) (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source), (iii) for your reliance on the service or (iv) for any direct damages in excess of (in the aggregate) one-hundred U.S. Dollars ($100.00) or, if greater, the fees paid by you for the service in the preceding six (6) month period. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Customers may not remove or export from the United States or allow the export or re-export of finanshels. As defined in FAR section 2.101, the Software and documentation are “commercial items'' and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © 2020 finanshels Financials, Inc. All rights reserved.
All notices required or permitted to be given under this Agreement must be in writing. Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Company. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Company is accurate and current, and notice to you shall be deemed effective upon the sending by Company of an email to that address.
You may contact Company by email to contact@finanshels.com.