Last revised: February 28, 2017
Welcome to the Financial Fitness Site (the “FFG Site”) operated by Precision Information, LLC (“PI", “we" or “us”) and located at financialfitness.center and its related subdomains or such other domains as are designated by PI. The Site, and the related content, applications, tools and services that that we offer through the FFG Site, are referred to collectively as the “FFG Services”.
Please also be aware that we may change these TOU at any time, and those changes will become effective immediately upon our posting them on the FFG Site or our other notice of such changes to you. Your continued use of FFG Services after our posting or notice of changes means that you accept the modified TOU.
Likely, when you first accessed the FFG Site, you did so through a link provided by a Subscriber site. The FFG Site, however, is a separately owned and operated website, distinct from any third party website or service including those of our Subscribers. As PI does not own or control the websites, applications or services of our Subscribers, these TOU apply only to the FFG Services and not to any third party website, application or service, which are subject to their own terms and conditions. Similarly, the FFG Services may contain links to other sites, applications or services that have their own terms and conditions. We encourage users to be aware when they leave the FFG Services and to read the terms and conditions applicable to such other sites, applications and services. PI takes no responsibility and expressly disclaims all liability for any such third party sites, applications or services.
In order to access or continue to access the FFG Services, you will have to register and create and account with us. As part of the registration process, you will be asked to create a user name and password and will need to provide certain information to us. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to promptly update your information to keep it true, accurate, current and complete. You may not share your account or user name or password with any other person or use anyone else’s account, user name or password at any time. You are responsible for maintaining the confidentiality of your user name and password and for the activities that occur through your account. You agree to immediately notify us if your password is no longer confidential or if you become aware of any unauthorized use of your account or the FFG Services.
The FFG Services are designed to provide you with online, interactive instruction in personal finance and investing fundamentals. While the materials, data and other information which you have access to as part of, or through your use of the FFG Services (“Information”) is from sources believed by us to be reliable and accurate, we cannot guarantee the quality, accuracy, completeness, integrity, or currency of any Information, or that such Information is free from defects or appropriate or useful for any particular purpose. ALL INFORMATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You further agree that the FFG Services are merely a tool for your use in understanding personal finance and investing fundamentals, and are not intended to provide any financial, investment, tax or other professional advice. We do not know all of the relevant facts about you and your individual situation, and we cannot and do not claim or represent that any particular Information is suitable for you. If you want advice with respect to your personal situation, we strongly recommend that you seek the advice of independent, competent and appropriately licensed professionals. You agree that you must evaluate and bear all risks associated with your use of any Information. PI DISCLAIMS ALL RESPONSIBILITY AND SHALL HAVE NO LIABILITY, DIRECTLY OR INDIRECTLY, FOR YOUR USE OF THE INFORMATION OR YOUR FINANCIAL DECISIONS, REGARDLESS OF WHETHER YOU USED THE FFG SERVICES OR THE INFORMATION IN ANY WAY IN CONNECTION WITH SUCH DECISIONS.
You understand that the FFG Services, including the technology used to provide them and the Information, are owned, controlled or licensed by or to us, and are protected by intellectual property laws and rights and unfair competition laws. You may use the FFG Services only for your personal, noncommercial, informational purposes in the context in which it is presented and you may not otherwise use the FFG Services or modify, copy, reproduce, republish, publicly display, translate, rent, lease, loan, sell, transmit, distribute or otherwise exploit the FFG Services or any portion thereof for any commercial purposes or any other purposes whatsoever. You may only download Information that we have purposely made available for downloading from the FFG Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice incorporated in or accompanying any portion of the FFG Services. Your use of the FFG Services in no way grants you any right or license to reproduce or otherwise use any of our marks such as our name, logo or trademarks or any third-party marks, except for the normal use of such marks as part of your authorized use of the FFG Services. All use of any such marks shall inure to the owner of the mark. You acknowledge and agree that PI owns any information or data resulting from your use of the FFG Services. All rights, title and interest not expressly granted are reserved.
You may submit comments, help requests, suggestions, problems or other feedback to us through the FFG Services or otherwise. The FFG Services may further provide you with a means to submit, post, display or otherwise share content. By providing feedback or sharing content on or through the FFG Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable and transferable license to use, reproduce, modify, publish, adapt, translate, transmit, display and perform that content in any other form, medium or technology now known or later developed for any purpose without compensation to you. If you do not wish to grant the foregoing rights to us, do not provide feedback or share content on or through the FFG Services.
You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the FFG Services and Information. As a condition of use, you promise not to use the Platform or any Information for any purpose that is unlawful or prohibited by this Agreement. In addition to the restrictions elsewhere in this Agreement, you agree that you will not do any of the following:
- access or use the FFG Services for purposes of creating competing products and/or services
- damage, interfere with or disrupt the integrity, performance or use of the FFG Services
- attempt to gain unauthorized access to any FFG Service or related systems or networks
- transmit or store material containing viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs
- use the FFG Services in any manner which is fraudulent, false, inaccurate, misleading, defamatory, libelous, malicious, derogatory, degrading, harassing, obscene, hateful, threatening, pornographic or otherwise objectionable
- use the FFG Services in any manner that violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights and rights of privacy
- share personal information or sensitive information of yourself or any other person
- use the FFG Services to do anything unlawful or prohibited by these TOU
- collect third party or our content or information, or otherwise access the FFG Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express advance written permission
- use the FFG Services in a manner not reasonably contemplated by PI
- advocate, encourage, or assist anyone in doing any of the above or in otherwise violating these TOU.
We may, at our sole discretion, with immediate effect and without advance notice to you, restrict or terminate your access to the FFG Services if we believe that you have breached the foregoing. All judgments concerning the applicability of the above terms to your activity shall be made in our sole and exclusive discretion.
You may discontinue your use of the FFG Services at any time. Your right to access or use the FFG Services will automatically terminate upon expiration or termination of the Subscription Agreement between PI and the Subscriber for whom you are an authorized user. You further agree that we may, without notice, at any time terminate or suspend your access to the FFG Services without liability to your or any third party in circumstances where we believe you to be in violation of any part of these TOU or that your use of the FFG Services (a) poses a threat to the security or operation of the FFG Services and/or PI’s systems, (b) exposes us to potential liability or damage, or (c) would violate any law, regulation court order or government request or would cause compliance with any of the foregoing to be unduly restrictive or burdensome to us. When we terminate your access to the FFG Services all rights and licenses granted to you hereunder will immediately terminate, you will cease all use of the FFG Services and your account, and we may further bar access to the FFG Services and your account and delete any and all information associated with your account, including any information you may have stored in your account.
Notice and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any Information or other content available through the Services infringes upon your copyrights, written notification of claimed copyright infringement must be submitted as follows: Precision Information, LLC Financial Fitness Group, Attention: Legal, 501 W Broadway, Suite A #158 San Diego, CA 92101To be effective, the notification must include the following:
- An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST REVENUE, HOWEVER CAUSED, WHETHER FORESEEABLE OR NOT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF THIS AGREEMENT OR THE FFG SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES PAID TO PI FOR YOUR INDIVIDUAL USE OF THE FFG SERVICES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US OR (B) FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PI DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE OPERATION OF THE FFG SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE FFG SERVICES WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE EXCLUSIONS OR LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless, Precision Information, LLC, our affiliates, and our officers, directors, employees, agents, licensors, representatives, and third party providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or of any applicable law by you, or due to or arising out of your use of the FFG Services, including any Information.
Governing Law; Jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflicts of law principles thereof. For purposes of all claims brought under this Agreement, each of the parties hereby irrevocably submits to the exclusive jurisdiction of the state courts located in San Diego County, California or the federal courts located in the Southern District of California.
Waiver of Jury Trial
YOU AND PI EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TOU. Each of us acknowledges that this section is a material inducement for the other to enter into these TOU.
Questions and Notices
Should you have any questions concerning this Agreement, or if you desire to contact us for any reason with respect to the FFG Services, please do so by email at firstname.lastname@example.org or by writing to us at Financial Fitness Group, Attention: Customer Service, 501 W Broadway, Suite A #158 San Diego, CA 92101. We may provide you with notices relating to this Agreement by email at the email address associated with your account, by posting such notices through the FFG Services or by other reasonable means. You shall send any notices relating to this Agreement to us at: Financial Fitness Group, Attention: Legal, 501 W Broadway, Suite A #158 San Diego, CA 92101.
The failure to act with respect to a breach by the other party or by others does not waive a party’s right to act with respect to subsequent or similar breaches. You will not transfer any of your rights or obligations under this agreement to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. These TOU and all other terms and conditions incorporated herein constitute the entire agreement between you and PI with respect to the use of the FFG Services and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written.