This site (the
“Site”) is operated by FFG, LLC and its affiliates
(collectively, “FFG, LLC” or “we” or “us”). By accessing or
using this Site (or any part thereof), you agree to be legally
bound by the terms and conditions that follow (the “Terms of
Use”) as we may modify them from time to time. The terms of use
apply to your use of this site, including any applications made
by you or offers from FFG, LLC. They constitute a legal contract
between you and FFG, LLC and by accessing or using any part of
the Site you represent and warrant that you have the right,
power, and authority to agree to and be bound by these Terms of
Use. If you do not agree to the Terms of Use, or if you do not
have the right, power, and authority to agree to and be bound by
these Terms of Use, you may not use the Site. Notwithstanding
anything to the contrary herein, if you and FFG, LLC have
entered into a separate written agreement that covers your use
of a service, the terms and conditions of such agreement shall
control with respect to such service to the extent they are
inconsistent with these Terms of Use.
Definitions
“Site” refers to the online
lending site owned by FFG, LLC.
“Member” is a customer that has
gained access to the site by creating a Membership
Account.
“Membership
Account” is a personal and private account provided to each
member to allow them access to their account information. All
members should be Accredited Investors. By using the Site, you
represent and warrant to us that you are an Accredited
Investor.
“Products”
are services offered and sold on the Site, including but not
limited to, investments.
“Accredited Investor” shall have
the meaning as set forth in Rule 501 of Regulation D.
Membership
In order to gain access to this
site, you must create a Membership Account. All Members must be
at least 18 years of age and must provide personal information
that is accurate and truthful. As a Member it is your
responsibility to keep your personal information private. You
are responsible for all transactions that occur under your
Membership Account. You must notify us immediately if you
believe your identity has been compromised or fraudulent
transactions have occurred.
Members may receive emails from
FFG, LLC. Members must choose to unsubscribe from the email list
to discontinue receiving automated emails. To unsubscribe,
Members must go to the Subscriptions section located under My
Account. After clicking on the link to unsubscribe Members will
be given unsubscribing options. Members who choose to
unsubscribe from the automated email list will be permitted to
remain Members on the Site.
License and Site Access
All content available
through this Site (including, without limitation, text, design,
graphics, logos, icons, images, audio clips, downloads,
interfaces, code, and software, as well as the selection and
arrangement thereof) is the exclusive property of and owned by
FFG, LLC, its licensors or its content providers, and is
protected by copyright, trademark and other applicable U.S. and
foreign laws. FFG, LLC grants you a limited license to access
and make personal use of this Site. Unless indicated to the
contrary, you may access, copy, download and print the content
available on this Site for your personal, non-commercial use,
provided you do not modify or delete any copyright, trademark or
other proprietary notices that appear in the content. FFG, LLC
or its licensors or content providers retain full and complete
title to the content available on the Site, including all
associated intellectual property rights, and provide this
content to you under a license that is revocable at any time in
FFG, LLC sole discretion. FFG, LLC strictly prohibits any other
use of any content available through the Site, including but not
limited to:
1. any downloading, copying
or other use of the content or the Site for purposes competitive
to FFG, LLC or for the benefit of another vendor or any third
party;
2. any
caching, unauthorized linking to the Site or the framing of any
content available on the Site;
3. any modification,
distribution, transmission, performance, broadcast, publication,
uploading, licensing, reverse engineering, transfer or sale of,
or the creation of derivative works from, any content, Sites or
services obtained from the Site that you do not have a right to
make available (such as the intellectual property of another
party);
4. any
uploading, posting or transmitting of any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer;
5. using any hardware or
software intended to surreptitiously intercept or otherwise
obtain any information (such as system data or personal
information) from the Site (including, but not limited to the
use of any “scraping” or other data mining techniques, robots or
similar data gathering and extraction tools); or
6. any action that imposes or
may impose (in FFG, LLC sole discretion) an unreasonable or
disproportionately large load on FFG, LLC infrastructure, or
damage or interfere with the proper working of our
infrastructure.
You
are responsible for obtaining access to the Site, and that
access may involve third-party fees (such as Internet service
provider or airtime charges). In addition, you must provide and
are responsible for all equipment necessary to access the Site.
You may not bypass any measures that have been implemented to
prevent or restrict access to this Site. Any unauthorized access
to the Site by you (including any such access or use that
involves in any way an account you may establish on the Site or
any device you may use to access the Site) shall terminate the
permission or license granted to you by FFG, LLC. FFG, LLC
reserves the right to refuse or cancel any person’s registration
for this Site, remove any person from this Site and prohibit any
person from using this Site for any reason whatsoever, and to
limit or terminate your access to or use of the Site at any time
without notice. FFG, LLC neither warrants nor represents that
your use of the content available on this Site will not infringe
rights of third parties not affiliated with FFG, LLC.
Termination of your access or use will not waive or affect any
other right or relief to which FFG, LLC may be entitled, at law
or in equity.
Services
The information, data, text,
software, photographs, images, graphics, organization, layout,
design, and other content contained on or provided through this
Site (collectively, the “Content”) are proprietary to FFG, LLC
and its licensors, and are protected by copyright and other U.S.
and international intellectual property rights, laws, and
treaties. The Content includes proprietary databases (the
“Database”) of borrowers, lenders, and financial data which, by
way of example, include information, text, photographic and
other images, and data contained therein (collectively, the
“Information”) and the proprietary organization and structures
for categorizing, sorting, and displaying such Information, and
the related software (“Software”). The Site, Content, Database,
Information, Software, and any portion of the foregoing,
including any derivatives, successors, updates or modifications
provided thereto and any information derived from the use of the
Database, including as a result of the verification of any
portion of the Information, are collectively referred to herein
as the “Site”.
Prohibited
Uses
The Site is for
personal and non-commercial use. You shall not, (a) distribute,
disclose, copy, reproduce, display, publish, transmit, assign,
sublicense, transfer, provide access to, use or sell, directly
or indirectly (including in electronic form) any portion of the
Site, or (b) modify or create derivative works of any portion of
the Site, unless expressly implied by buttons such as Pinterest,
Tweets, Facebook, Instagram or other social sharing that FFG,
LLC encourages.
Notwithstanding anything to the
contrary herein, you shall not:
7. Access or use any portion
of the Site if you are a direct or indirect competitor of FFG,
LLC , nor shall you provide, disclose or transmit any portion of
the Site to any direct or indirect competitor of FFG, LLC
(by way of example, a “direct or indirect competitor” of
FFG, LLC includes, but is not limited to, persons that
make online loans, and employees, independent contractors and
agents of such persons);
8. Use or distribute any
Information from the Site, including Information that has been
verified or confirmed by you or anyone else, to directly or
indirectly create or contribute to the development of any
database or Site;
9.
Modify, merge, decompile, disassemble, translate, decode or
reverse engineer any portion of the Site, or use any data
mining, gathering or extraction tool, or any robot, spider or
other automatic device or manual process, to monitor or copy any
portion of the Site;
10. Use, reproduce, publish or
compile any portion of the Site for the purpose of selling or
licensing any portion of the Site or making any portion of the
Site publicly available;
11. Store, copy or export any
portion of the Site into any database or other software;
12. Upload, post,
e-mail or otherwise transmit any information, data, text,
software, photographs, images, graphics, or other content to or
through the Site, or use any portion of this Site in a manner,
that:
- is unlawful, threatening,
abusive, harmful, libelous, tortious, defamatory, false,
misleading, obscene, vulgar, racially or ethnically
offensive or otherwise objectionable; infringes any
patent, copyright, trademark, trade secret, or other
proprietary right of any party or violates the privacy
or publicity rights of any party;
- constitutes unlawful
advertising or fraudulent, unfair or deceptive
practices, “spam,” or any other form of unlawful
solicitation, including any non-solicitation law, which,
with limited exceptions, prohibits anyone from knowingly
selling, giving or receiving, for the purpose of selling
or offering for sale any property or service to persons
listed therein, any list of names and addresses
contained in or derived from public
records;
- ·contains software viruses
or any other computer code, files or programs that are
designed to or have the capability to interrupt, modify,
damage, improperly access, disable, destroy, or limit
the functionality of the Site or servers or networks
connected thereto or the activities of other users of
the Site or of any computer software or hardware or
telecommunications equipment; or
- you do not have a right to
transmit under any law, contractual obligation (i.e.,
nondisclosure agreement) or fiduciary
duty;
13. Impersonate any person
or entity, or falsely state or otherwise misrepresent any
registration information, or otherwise disguise the origin of
any information, data, text, software, photographs, images,
graphics, or other content posted on or transmitted through the
Site; and
14.
Use any portion of the Site to encourage or engage in illegal
activity, stalk, or harass another person, or violate these
Terms of Use or any applicable local, state, national or
international law, rule, regulation or ordinance, including
without limitation, state and local real estate practice, spam
or privacy laws.
15. Access or use any
portion of this Site if you are not an Accredited
Investor.
Termination
You acknowledge and agree that
FFG, LLC may interrupt or terminate or block your access to the
Site or portions thereof at any time. In the event that occurs,
you shall cease using any portion of the Site, permanently
delete or destroy all portions of the Site within your
possession, custody or control, and, upon written request from
FFG, LLC, certify, in writing, your compliance with this
provision.
Eligibility
You may use the Site only if you
can form a binding contract with FFG, LLC and only in compliance
with these Terms of Use and all applicable local, state,
national, and international laws, rules, and regulations. If you
are under 18, your parent or guardian must enter into these
Terms of Use on your behalf and will be responsible for your use
of and access to the Site; this includes financial
responsibility for any loans issued through the Site. Any use or
access to the Site by anyone under 13 is strictly prohibited and
in violation of these Terms of Use. If you are under 13, please
do not attempt to register for the Site or send any information
about yourself to us, including your name, address, telephone
number, or email address. If we learn that we have collected
personal information from anyone under age 13 without
verification of parental consent, we will delete that
information as quickly as possible. If you believe that we might
have any information from or about anyone under 13, please
contact us at
[email protected].
The Site is not available to any Users previously removed from
the Site by FFG, LLC. FFG, LLC reserves all rights not expressly
granted under these Terms of Use. Any attempt by you to transfer
any of the rights, duties, or obligations hereunder, except as
expressly provided for in these Terms of Use is void.
This site
shall only be
used by Accredited Investors.
Information about You
When you use the Site, FFG, LLC
collects both personally and non-personally identifying
information about you and your use of the Site. Such information
includes (a) what you intentionally submit to us while using the
Site, including, for example, by filling out forms with your
contact information or by logging in with your User ID and
password, and (b) information that may be collected
automatically while you use the Site, including, for example,
your IP address, your IP host, session duration, and “click
stream” data that tracks user activity in the Site.
We generally use or disclose the
information we collect through the Site to conduct research on
and to improve the Site, to perform customer service and
support, to fulfill your requests for services, and to provide
you with information regarding our services, including
service-related announcements.
FFG, LLC takes steps to protect
the security of the personally identifiable information we
collect including, for example, physical, electronic, and
procedural safeguards.
Although the Site can technically
be viewed by children, we do not knowingly request personally
identifiable information from them nor does the Site publish
content that is targeted to children. No information should be
submitted to or posted at the Site by visitors under 18 years of
age.
If you have a
further question, please notify us by e-mail at
[email protected].
We will do our best to investigate your request and respond
promptly.
Links;
Framing
Linking to
any page of the Site other than to
https://fintechfinance.io
through a plain text link is strictly prohibited in the absence
of a separate linking agreement with FFG, LLC. Any web site or
other device that links to FFG, LLC or any page available
therein is prohibited from (a) replicating the Site, (b) using a
browser or border environment around the Site, (c) implying in
any fashion that FFG, LLC or any of its affiliates are
endorsing it or its Sites, (d) misrepresenting any state of
facts, including its relationship with FFG, LLC or any of
its affiliates, (e) presenting false information about FFG, LLC
or services, and (f) using any logo or mark of FFG, LLC
or any of its affiliates without express written
permission from FFG, LLC . Except as set forth in the preceding
sentence, or as otherwise authorized by FFG, LLC in writing,
links to the Site is prohibited. The Site may include links to
other sites, some of them operated by FFG, LLC and some of them
operated by third parties. Under no circumstances shall FFG, LLC
be deemed to be associated or affiliated with, or viewed as
endorsing or sponsoring, any web site that links to this Site,
or is linked to from this Site, or any services that may be
offered through such web sites. FFG, LLC has not necessarily
reviewed any or all of the content of such other web sites, and
we disclaim responsibility for the content and services
available therein. Different terms and conditions may apply to
your use of any linked sites. It is your responsibility to
review any such terms and conditions in connection with your use
of any such sites. Any issues or disputes that may arise with
respect to any such sites shall solely be between you and the
applicable third party.
Information Regarding Accuracy,
Completeness, and Timeliness of Information in the Site
The Site is provided for
general information only and should not be relied upon or used
as the basis for making significant decisions without consulting
primary or more accurate, more complete, or timelier sources of
information. Any reliance upon the Site shall be at your own
risk. Neither we nor any third party involved in creating,
producing, or delivering the Site, is responsible if the Site is
not accurate, complete, or current. Neither we nor any third
party involved in creating, producing, or delivering the Site,
has any responsibility for any consequence relating directly or
indirectly to any action or inaction that you take based on the
Site
No Warranties
None of FFG, LLC, its
parent, any of its affiliates, providers or their respective
officers, directors, employees, agents, independent contractors,
or licensors (collectively the “FFG, LLC Parties”) guarantees
the accuracy, adequacy, timeliness, reliability, completeness,
or usefulness of any of the Site and the FFG, LLC. Parties
disclaim liability for errors or omissions in the Site.
This Site and all the
content are provided “as is” and “as available,” without any
warranty, either express or implied, including the implied
warranties of merchantability, fitness for a particular purpose,
non-infringement or title. Additionally, there are no warranties
as to the results of your use of the Site. FFG, LLC Parties do
not warrant that the Site is free of viruses or other harmful
components. This does not affect those warranties which are
incapable of exclusion, restriction, or modification under the
laws applicable to this Agreement.
FFG, LLC Parties may discontinue
or make changes in the Site at any time without prior notice to
you and without any liability to you. Any dated information is
published as of its date only, and the FFG, LLC Parties do not
undertake any obligation or responsibility to update or amend
any such information. FFG, LLC Parties reserve the right to
terminate any or all Site offerings or transmissions without
prior notice to you. This Site could contain technical
inaccuracies or typographical errors. Use of this Site is at
your own risk.
Limitation
of Liability
Under no
circumstances will the FFG, LLC be liable for any damages
including general, special, direct, indirect, incidental,
consequential, punitive or any other damages (including, without
limitation, lost profits or business interruption) of any kind
whether in an action in contract or negligence arising or
relating in any way to the use or inability to use by any party
of the content, the Site or any third-party site to which this
site is linked, or in connection with any failure of
performance, error, omission, interruption, defect, delay in
operation or transmission, computer virus or line or system
failure, even if FFG, LLC or representatives thereof, are
advised of the possibility of such damages, losses or expenses.
FFG, LLC Parties are not liable for any defamatory, offensive,
or illegal conduct of any user. Your sole remedy for
dissatisfaction with this Site is to stop using the Site. If
your use of materials from this Site results in the need for
servicing, repair or correction of equipment or data, you assume
any costs thereof. If the foregoing limitation is found to be
invalid, you agree that the FFG, LLC total liability for all
damages, losses, or causes of action of any kind or nature shall
be limited to the greatest extent permitted by applicable
law.
Additional State Law
Notices for Borrower Members
ARIZONA RESIDENTS
Notice: You may request that
the initial disclosures prescribed in the Truth in Lending Act
(15 United States Code sections 1601 through 1666j) be provided
in Spanish before signing any loan documents.
Aviso: Usted puede solicitar que
las divulgaciones iniciales prescritas en la Ley Truth in
Lending Act (15 Código de los Estados Unidos secciones 1601
hasta 1666j) sean proporcionadas en español antes de firmar
cualesquiera documentos del préstamo.
Notice: Before signing any loan
documents or otherwise committing to a loan, you may download
and print copies of those documents from our website and keep
them for your review.
CALIFORNIA RESIDENTS
Married registrants may apply for
a separate account. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED
THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD
MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO
FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. BUT WE WILL NOT
SUBMIT A NEGATIVE CREDIT REPORT TO A CREDIT REPORTING AGENCY
ABOUT THIS OBLIGATION UNTIL THE EXPIRATION OF ANY TIME PERIOD
DESCRIBED.
IOWA
RESIDENTS
NOTICE TO
CONSUMER: 1. Do not sign this paper before you read it. 2. You
are entitled to a copy of this paper. 3. You may prepay the
unpaid balance at any time without penalty and may be entitled
to receive a refund of unearned charges in accordance with the
law.
KANSAS
RESIDENTS
NOTICE TO
CONSUMER: 1. Do not sign this agreement before you read it. 2.
You are entitled to a copy of this agreement. 3. You may prepay
the unpaid balance at any time without penalty.
MARYLAND RESIDENTS
This loan is being made under, and
shall be governed by, the provisions of Subtitle 10 of Title 12
of the Commercial Law Article of the Maryland Code only to the
extent that such provisions are not inconsistent with federal
law (12 U.S.C. § 1831d) and related regulations and
interpretations.
MASSACHUSETTS RESIDENTS
Massachusetts law prohibits
discrimination based upon marital status or sexual
orientation.
MISSOURI
RESIDENTS
Oral
agreements or commitments to loan money, extend credit or to
forbear from enforcing repayment of a debt including promises to
extend or renew such debt are not enforceable. To protect you
(borrower(s)) and us (the creditor) from misunderstanding or
disappointment, any agreements we reach covering such matters
are contained in this writing, which is the complete and
exclusive statement of the agreement between us, except as we
may later agree in writing to modify it.
NORTH DAKOTA RESIDENTS
MONEY BROKERS ARE LICENSED
AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000
SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE
DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE
MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN
APPROVAL OF THE TERMS OF THE BROKER’S ABILITY TO ARRANGE ANY
LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD
BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
OHIO RESIDENTS
Ohio laws against discrimination
require that all creditors make credit equally available to all
creditworthy customers and that credit reporting agencies
maintain separate credit histories on each individual upon
request. The Ohio civil rights commission administers compliance
with this law.
TEXAS
RESIDENTS
This lender
is licensed and examined by the State of Texas – Office of
Consumer Credit Commissioner. Call the Consumer Credit Hotline
or write for credit information or assistance with credit
problems. Office of Consumer Credit Commissioner, 2601 North
Lamar Boulevard, Austin, Texas 78705-4207, (800) 538-1579,
www.occc.state.tx.us.
UTAH RESIDENTS
As required by Utah law, you are
hereby notified that a negative credit report reflecting on your
credit record may be submitted to a credit reporting agency if
you fail to fulfill the terms of your credit obligations.
WASHINGTON RESIDENTS
Oral agreements or oral
commitments to loan money, extend credit, or to forbear from
enforcing repayment of a debt are not enforceable under
Washington law.
WISCONSIN
RESIDENTS
NOTICE TO
CUSTOMER: (a) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.
(b) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.
(c) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID
BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A
PARTIAL REFUND OF THE FINANCE CHARGE.
Your Liability
If you cause a technical
disruption of the Site, you agree to be responsible for any and
all liabilities, costs, and expenses (including reasonable
attorneys’ fees and costs of enforcement) arising from or
related to that disruption. Upon your breach of any term of
these Terms of Use, FFG, LLC remedies shall include any damages
and relief available at law or in equity as well as interruption
and/or termination of your access to the Site or any portion
thereof and permanent deletion or destruction of all portions of
the Site within your possession, custody, or control. If FFG,
LLC retains any third party to obtain any remedy to which it is
entitled under these Terms of Use, FFG, LLC shall be entitled to
recover all costs, including attorney’s fees or collection
agency commissions, FFG, LLC incurs.
Indemnity
You agree to indemnify, defend,
and hold harmless the FFG, LLC Parties from and against any
third-party action, suit, claim or demand and any associated
losses, expenses, damages, costs, and other liabilities
(including reasonable attorneys’ fees), arising out of or
relating to your (and your users’) use of the Site, content
submitted, misuse of any portion of the Site, or your violation
of these Terms of Use. You shall cooperate as fully as
reasonably required in the defense of any such claim or demand.
FFG, LLC and any third party involved in creating, producing, or
delivering the Site reserves the right to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, at your expense, and you shall not, in
any event, settle any such matter without the written consent of
FFG, LLC and any such third party. You agree to indemnify,
defend, and hold harmless the FFG, LLC from any and all
liabilities and losses of any kind or nature if you misrepresent
to us that you are an Accredited Investor, and it is later
determined that you are not an Accredited Investor.
Cookies
Some areas of this Site use and
require that your computer accept “cookies.” Cookies are small
text files that are stored on your computer to keep track of
settings or data for a particular web site. Cookies make it
possible and easier for you to access and use certain areas of
this Site. If you have disabled cookies from within your
browser, or if you are running third-party software that
intercepts or deletes cookies, you may not be able to visit
certain areas of the Site.
Trademarks
The Site employs various
trademarks and service marks of FFG, LLC and of other third
parties. All these trademarks and service marks are the property
of their respective owners. You agree not to use or display them
in any manner without the prior written permission of the
applicable trademark owner.
Ownership
You acknowledge that FFG, LLC and
its licensors have and shall retain exclusive ownership of all
proprietary rights in or to the Site, including all U.S. and
international intellectual property and other rights such as
patents, trademarks, copyrights, and trade secrets. This is a
license agreement and not an agreement for sale. You shall have
no right or interest in any portion of the Site except the right
to use the Site as set forth in these Terms of Use. You
acknowledge that the Software, Database, Content, Information,
and Site constitute the valuable property and confidential
copyrighted information of FFG, LLC and its licensors
(collectively, the “Proprietary Information”). You agree to (a)
comply with all copyright, trademark, trade secret, patent,
contract and other laws necessary to protect all rights in the
Proprietary Information, (b) not challenge FFG, LLC and
its licensor’s ownership of (or the validity or enforceability
of their rights in and to) the Proprietary Information, and (c)
not remove, conceal, obliterate or circumvent any copyright or
other notice or license, use or copying technological measure
included in the Site. You shall be liable for any violation of
the provisions of these Terms of Use by your employees,
Independent Contractors, affiliates, and agents and for any
unauthorized use of the Site by such persons.
NOTICE — U.S. Government
Rights/Commercial Technical Data and Software Unpublished,
Rights Reserved Under the Copyright Laws of the United
States
This Site
contains commercial technical data and computer software that
have been privately developed and are normally vended
commercially under a license or lease agreement restricting
their use, and disclosure. In accordance with FAR 12.211,
12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102
and 252.227-7015, as well as other applicable supplemental
agency regulations, use, disclosure and dissemination of this
commercial technical data and computer software are governed
strictly in accordance with FFG, LLC commercial license
agreements, including these Terms of Use.
Jurisdiction; Governing Law
FFG, LLC is headquartered in
the State of Missouri of the United States. These Terms of Use
and your use of this Site shall be governed by the laws of the
State of Missouri without regard to its conflicts of laws
principles. The federal and state courts located in the State of
Missouri shall be the exclusive jurisdiction for any action
brought against FFG, LLC in connection with these Terms of Use
or use of the Site. You irrevocably consent to the jurisdiction
of the federal and state courts located in the State of Missouri
for any action brought against you in connection with these
Terms of Use or use of the Site. All disputes arising outside of
the United States shall be settled by arbitration held in St.
Louis, Missouri and in accordance with the Rules of Arbitration
and Conciliation of the International Chamber of Commerce. All
arbitrators shall be fluent in English and all documents
submitted in connection with the arbitration shall be in
English. Judgment upon an arbitration award may be entered in
any court having jurisdiction, or application may be made to
such court for a judicial acceptance of the award and an order
of enforcement. If any material in this Site, or your use of the
Site, is contrary to the laws of the place where you are when
you access it, or if FFG, LLC is not licensed as required by
applicable laws or regulations in such locale, the Site is not
intended for you, and we ask you not to use the Site. You are
responsible for informing yourself of, and complying with, the
laws of your jurisdiction.
Modifications to Site; Changes to
these Terms
FFG, LLC
is continuously updating and changing the Site and reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part
thereof) with or without notice. You agree that FFG, LLC shall
not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site (or any part thereof).
Additionally, we reserve the right, in our complete, sole,
absolute, and unmitigated discretion, to change these Terms of
Use at any time by posting revised terms on the Site. It is your
responsibility to check periodically for any changes we may make
to the Site and these Terms of Use. Your continued use of this
Site following the posting of changes to these terms or other
policies means you accept the changes.
Miscellaneous
These Terms of Use contain the
entire understanding of the parties with respect to the Site and
supersede any prior oral or written statements and documents
with respect to such subject matter, provided that these Terms
of Use do not supersede any written license agreement between
the parties. Your obligations hereunder are binding on your
successors, legal representatives, and assigns. You may not
assign or transfer (by operation of law or otherwise) these
Terms of Use or any portion hereunder, in whole or in part,
without the prior written consent of FFG, LLC. In the event any
portion of these Terms of Use not being of a fundamental nature
is held to be invalid, illegal, or unenforceable, such part
shall be deemed severed from these Terms of Use without
invalidating the remaining provisions of these Terms of Use or
affecting the enforceability of such remaining provisions. If a
provision is held to be invalid, illegal, or otherwise
unenforceable, it shall be deemed to be replaced with an
enforceable provision that retains the intent and benefits of
the original provision. No waiver by FFG, LLC of any right under
or term or provision of these Terms of Use will be deemed a
waiver of any other right, term, or provision of these Terms of
Use at that time or a waiver of that or any other right, term,
or provision of these Terms of Use at any other time. These
Terms of Use apply to your use of the Site and not to any other
areas, including, without limitation, FFG, LLC research
activities. Headings are for reference only. All notices to FFG,
LLC pertaining to these Terms of Use will be in writing, mailed
by registered or certified mail, return receipt requested, or
delivered by a well-recognized overnight U.S. or international
carrier, delivered to Legal Counsel for, FFG, LLC, P.O. Box
1017, Columbia, MO 65201.
Force Majeure
The Website contains
functionalities and services that allow sending, delivering, or
receiving information between users, which may be relayed or
carried through FFG, LLC, public, third parties’ or other
networks, systems, servers, websites, or applications (e.g.,
telephone and cellular networks, email servers etc.) (“Third
Parties’ Network”). The Third Parties’ Networks are not
controlled by FFG, LLC in any way and FFG, LLC shall not be
responsible for the performance, availability, functionality,
quality, or reliability of any of the Third Parties’ Networks or
the information sent, delivered, relayed, carried, or received
through the Third Parties’ Networks. Notwithstanding anything
herein, FFG, LLC does not warrant or guarantee that the
information sent, relayed, carried, or delivered through these
Third Parties’ Networks will reach its destination or its
correct address or recipient or that the details of the
recipient or sender are correct or accurate. FFG, LLC
shall not be liable for, and excused from, any failure to
deliver or perform, or for any delay in delivery or performance,
due to causes beyond its reasonable control, after exercising
its best commercially reasonable efforts to remedy any such
failure or delay, including without limitation any government
actions, fire, work stoppages, civil disturbances, interruptions
of power or communications to FFG, LLC or any facilities
used by or for FFG, LLC failure of internet, hosting,
telecommunications, or other services to FFG, LLC or
facilities used by or for FFG, LLC natural disasters, acts
of God, or acts of terrorism or war.
Billing Policies
Certain features of the Site may
be provided for a fee or other charge. If you elect to use paid
features of the Site, you agree to the pricing and payment terms
for such paid features that we will provide to you and that we
may update them from time to time. FFG, LLC may add new services
for additional fees and charges, or amend fees and charges for
existing services, at any time in its sole discretion. Any
change to our pricing or payment terms shall become effective in
the billing cycle following notice of such change to you. If you
do not wish to pay the new or modified fees or charges, your
sole remedy shall be to terminate your access to the applicable
services.
Privacy
We care about the privacy of
our Users. Our Privacy Policy is incorporated herein by this
reference. By using the Site, you are consenting to have your
personal data collected, used, transferred to, and processed in
the United States in accordance with our then-current Privacy
Policy
Procedure for Making
Notification of Claims of Copyright Infringement
FFG, LLC and its affiliates
respect the intellectual property of others, and we ask those
posting or transmitting any content to or through the Site to
respect copyright law. It is the policy of FFG, LLC to restrict
and/or terminate in appropriate circumstances the ability to
submit content and/or use this Site by individuals or entities
that repeatedly submit infringing content in violation of these
Terms of Use. If you believe that your work has been copied and
is available on this Site or our other online services in a way
that constitutes copyright infringement, you may notify FFG, LLC
according to the notice requirements of the Digital Millennium
Copyright Act. Pursuant to 17 U.S.C. Section 512. FFG, LLC DMCA
registered agent can be reached as follows:
[email protected].
