Financial Calculators, Inc (FCI) grants to the Subscriber the nonexclusive right to use its online financial planning tools, namely FISTScore.com, on the following terms and conditions:
Acceptance, Payment, and Terms. All charges that Subscriber incurs will be automatically debited to that credit card account on a monthly basis at the current rate, plus any special expenses, such as set-up, custom graphics or custom text insertion. If a renewal payment or credit card charge is not received within thirty (30) days of the due date, FCI may withhold or suspend services and may terminate this Agreement, which does not relieve Subscriber from paying past-due charges. Subscriber reactivated accounts will be subject to a reactivation charge equal to then current installation fee.
Prices and Plans. The specified services to be provided to Subscriber shall be established at the time of the initial signup. FCI reserves the right to modify the Terms of Service contained herein and change pricing or services at any time after 2013, subject to a 90-day notice. If FCI changes terms, prices or services, Subscriber can terminate this Agreement. Current yearly subscription price for the silver plan: $39.95. Current yearly subscription price for the gold plan: $59.95.
Services Provided. The services shall consist of FCI-hosted, online financial planning tools accessible via a unique Subscriber login. The Subscriber may select, enter, and modify client information through use of online data forms resident on the FCI server. Only Subscribers will have access to view client data. It may be possible for internet users to gain unauthorized access into the server where Subscribers password-protected data files reside and security against this event is not guaranteed.
Compliance. If a Subscribers company or broker dealer will not approve the client reports generated by the program, Subscriber may terminate this Agreements in writing, with no subsequent payment required.
Copyright and Limitations on Use. The content furnished is the property of FCI or its licensors and is protected by copyright and other intellectual property laws. Content includes, for example, needs analysis reports, research and newsletter articles, calculators, and other items displayed on the site. Subscriber agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received to anyone except to those clients he/she has entered into the program, including but not limited to others in the same company or organization, without express prior written consent.
Rules and Regulations. The Subscriber may not use the Service for any criminal or illegal activities, or posting any information that is obscene, pornographic, or of a sexually explicit or graphic nature which violates any local, state, or federal law, regulation, or which might otherwise be legally actionable. Subscribers may not abuse the Internet by using the Service for spamming, flaming, or other similar activities, nor may they introduce Trojan horses and viruses on the Internet. Subscribers may not post defamatory, scandalous, or private information, or violate trademarks, copyrights, or other intellectual property rights. Subscribers must comply with all applicable laws, regulations, and conventions. Subscribers shall acquire permissions if they use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws, and they shall not delete or alter author attributes or copyright notices, unless permitted in writing by the author or owner. Subscribers may not misuse system resources, or permit use of mail services, mail forwarding, POP accounts, or auto-responders other than for the Subscribers own account. All graphic designs, style templates, icons, HTML code, and other graphic elements are the exclusive property of FCI or its respective copyright holders. Re-use of copyrighted elements for any purpose other than their exclusive use on the web site is expressly forbidden.
Liability Limitation. Subscriber agrees that the Service provided is "as is" and on an "as available" basis and may be temporarily unavailable due to conditions of the Internet or file servers. The Subscriber agrees that FCI is not responsible for any third party claims or losses of any nature, including any punitive or consequential damages relating to financial advice, insurance or investment purchases, sales or service. Subscriber agrees that FCI is not responsible for and has no control over, and disclaims all liability in connection with, the operation and content of the website and compliance with applicable law and company policies.
Indemnification. Subscriber agrees to defend, indemnify, and hold FCI harmless from and against any and all claims and liabilities arising from (a) any injury to persons or property caused by any item sold or advertised in connection with Subscribers information and data; (b) any claim that any item sold or advertised in connection with Subscribers information and data does not comply with all local and international safety and labeling requirements and all other relevant local and international laws, treaties, regulations, ordinances, and the like; (c) any defamatory, libelous or illegal, or allegedly defamatory, libelous, or illegal material contained within Subscribers information and data; (d) any material Subscriber adds to the website that is infringing or allegedly infringing on the proprietary rights (including but not limited to intellectual property rights) of a third party; (e) any third-party claim arising out of third-party access or use of Subscribers information and data; and (f) any claim by Subscriber that Subscribers data was compromised because of a failure to provide adequate security. If any action or proceeding is brought against FCI by reason of any such claims, Subscriber shall defend such action or proceeding at Subscribers sole cost by counsel satisfactory to FCI. In the event that a third-party claim or demand is made that may give rise to this provision, Subscriber agree to promptly notify FCI.
Limitations on Use; Responsibilities of User. Subscriber shall not use this service to send or receive any information in the form of text, graphics, or programs that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, privacy, or similar right of another. Subscriber is solely responsible for and agrees to indemnify FCI (under the terms of the Indemnification paragraph above) against any claims arising out of (a) invoicing and collection of any fees which Subscriber charges to users of the Internet that access Subscribers information and data content; (b) paying all taxes of any nature that become due with regard to FCIs services, except for taxes on FCIs income, irrespective of which party may be responsible for reporting or collecting such taxes; (c) ensuring that Subscribers information and data do not contain any data or information that violates any law or regulation; (d) Subscribers content, including but not limited to the accuracy and availability of the information and data content; (e) assessing and maintaining the security of Subscribers password(s) and User ID(s); and (f) providing assistance to those who access Subscribers information and data content.
Privacy of Information. Once youve become a Subscriber, we use the information you provided at registration to inform you via e-mail of any product updates or relevant online and offline offers. We do not share your e-mail address with other companies for them to market their products or services to you.
Affiliates Although we currently do not have any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), we may in the future. We may share some or all of your Personal Data with these Affiliates.
Relationship of the Parties. The relationship between FCI and Subscriber is that of vendor and vendee. The parties shall not be construed as being joint venturers, franchiser/franchisee, or employer/employee. This Agreement is a commercial agreement entered into for business purposes, not a consumer agreement. The Subscriber shall not have authority to contract for or on behalf of FCI, or in any other way legally bind FCI in any fashion. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other.
Association, Broker Dealer or Insurance Company Sponsorship. Any participation in or any recommendation of this service by such a third party shall not obligate that party to any responsibility of either the Subscriber or FCI to perform and execute this agreement and any liability that might arise for actions or non performance connected with the features, copy or activities connected with the website.
Term and Termination. Unless terminated by either party in accordance with this Agreement, the term of this Agreement shall be automatically renewed for subsequent terms of the same length. This Agreement may be terminated by the parties as follows: (a) Unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by provision of thirty (30) days notice to the other prior to the end of the subscription term; or (b) FCI may terminate this Agreement immediately if, based on FCIs sole judgment, it determines that Subscriber has infringed any intellectual property right, copyright, patent, trademark, privacy right, or posts, displays, or transmits obscene, pornographic, or sexually explicit or graphic materials in conjunction with the information and data content Subscriber provides: or (c) Subscriber may terminate this Agreement if FCI changes the Terms of Service, the pricing or the services under this Agreement, upon receiving notice of such changes. In any event, the Subscriber retains his/her domain (URL) registration.
Content Updates. The content of the site, such as modules and calculators will be periodically revised and replaced as a normal part of the responsibility of FCI and this is provided for in the monthly subscription fee.
Major Enhancements. FCI may in the future make available new features for the websites at no cost, or for a modest fee, and the Subscriber shall have the opportunity to accept or reject these additional features.
Support and Training. FCI shall make available customer support by phone during normal business hours and may, but is not obligated to, provide Subscriber training on an exclusive or participatory basis, such as at an association conference.
Assignment. Subscribers rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of FCI.
Partial Invalidity. If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, shall not be affected by such invalidity or unenforceability.
Miscellaneous. This Agreement sets forth the entire agreement and understanding between the parties and may not be modified except by the written consent of both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
Acceptance and Execution. It shall not be necessary for either party to have signed this Agreement, and acknowledgement upon website signup shall be sufficient.