Thank
you for visiting the The Financial Word website located at www.TheFinancialWord.com
(the "Website"). The Website is an Internet property of TheFinancialWord.com
("The Financial Word," "we" or "us"). Via the
Website, end-users may register as The Financial Word members
("Members," each with a "Membership") which enables them to
enter into contests and promotions from time to time ("Promotions”). Be
advised that The Financial Word will feature and display third party
advertising with the Promotions, as well as in between various Promotions
("Third Party Ads").
The
Financial Word Website Terms and Conditions ("Terms and Conditions")
hereby expressly incorporate by reference the Official Contest Rules applicable
to each Promotion, the The Financial Word Privacy Policy ("Privacy Policy"),
other policies, operating rules and other supplemental terms and conditions or
documents (collectively, the "Agreement"). Please review the complete
terms of the Agreement carefully. By using, accessing and/or entering, as
applicable, the Website, Third Party Ads and/or Promotions (collectively,
"The Financial Word Offerings"), you agree to comply with and be
bound by the Agreement in its entirety. If you do not agree to the Agreement in
its entirety, you are not authorized by The Financial Word to use the The
Financial Word Offerings in any form or manner.
Unless
explicitly stated otherwise, future offer(s) made available on the Website
augmenting or otherwise enhancing current features of the The Financial Word
Offerings shall be subject to the Agreement. The Financial Word shall not be
liable to you or any third party for any suspension, modification or
discontinuation of any The Financial Word Offerings, service, product or
promotion offered by The Financial Word. You understand and agree that refusal
to use the The Financial Word Offerings is your right and the sole remedy with
respect to any dispute with The Financial Word.
1.
Scope/Modification of Agreement. The Agreement constitutes the entire and only
agreement between you and The Financial Word with respect to your use of the The
Financial Word Offerings and supersedes all prior or contemporaneous
representations, warranties, agreements and/or understandings between you and The
Financial Word with respect to the The Financial Word Offerings. We may amend
the Agreement from time to time in our sole discretion, without notice to you;
provided, however, that any modification or amendment to the arbitration
provisions, prohibition on class action provisions or any other provisions
applicable to dispute resolution (collectively, "Dispute Resolution
Provisions") shall not apply to disputes incurred prior to the applicable
modification or amendment. By your use of any of the The Financial Word
Offerings, you agree to comply with, and be bound by all of the terms and
conditions within the Agreement effective at that time (other than with respect
to disputes arising prior to the modification or amendment of the Dispute
Resolution Provisions, which shall be governed by the Dispute Resolution
Provisions in effect at the time of the subject dispute). As such, you should
check the Website for updates and changes regularly.
2.
Requirements. The The Financial Word Offerings are available only to legal
residents of the United States, Australia, Canada, South Africa and New Zealand
(collectively the “Authorized Territory”) and who can enter into legally
binding contracts under applicable law. The Website is restricted for use by
individuals under eighteen (18) years of age, or the age of majority in your
jurisdiction if the age of majority is greater than eighteen (18) years of age.
Individuals under eighteen (18) years of age, or the age of majority in your
jurisdiction if the age of majority is greater than eighteen (18) years of age,
and/or not a legal resident of the Authorized Territory, do not have permission
to use and/or access the The Financial Word Offerings.
3.
Cancellation of Membership. You may cancel your Membership at your convenience
by emailing support@TheFinancialWord.zendesk.com. You understand and agree that
cancellation of your Membership is your sole right and remedy with respect to
any dispute with The Financial Word.
4.
Registration. To register as a Member and/or enter a Promotion, fully complete
the applicable registration form located on the Website
("Application"). Depending on which The Financial Word Offering you
are attempting to access, the required information on the Application may
include some or all of the following: (a) full name and title; (b) e-mail
address; (c) mailing address; (d) password; and (e) any and all other
information requested on the Application (collectively, "Registration
Data").
Should
The Financial Word approve your Application, The Financial Word will set up a
Membership account ("Account") and send a confirmation email to the
e-mail address that you provided upon registration. You are responsible for
maintaining the confidentiality of your Account, including the user name and
password and for restricting access to your computer by others. You agree to
accept responsibility for all activities that occur through use of your
Account, username and password.
Individual
people (“Person”) are permitted only one (1) The Financial Word Account. Any
attempt by the same Person to create more than one (1) The Financial Word
Account is grounds for cancellation of all of that Person’s existing and future
The Financial Word Accounts, as well as the forfeiture of all Prize eligibility
and any Prizes not yet fulfilled to that Person.
5.
Rejection/Termination. The Financial Word may reject any Application or
terminate any Membership/Account at our discretion at any time and for any
reason. Reasons may include, among other reasons, cases where The Financial
Word believes that you have breached the Agreement.
6.
Description of Membership. Upon registration and approval as a Member, you will
be granted access to the Promotions.
7.
Description of Promotions. Occasionally, the Website offers Members and, if
applicable, non-Member end-users the opportunity to qualify for promotional
prizes and other awards via Promotions. If you provide true and accurate
information in connection with the Promotion Application and agree to the
Official Contest Rules applicable to each Promotion, you are eligible to
attempt to obtain promotional prizes and awards offered in the applicable
Promotion. Be advised that The Financial Word will display certain Third Party
Ads with in between various Promotions.
In
order to enter Promotions featured on the Website, you must fully complete the
applicable entry form. You are not required to purchase any products and/or
services or interact with any Third Party Ads in order to enter any Promotion.
Purchasing products and/or services or interacting with any Third Party Ads
will not in any way increase your chances of any Prize Promotions.
YOU
UNDERSTAND AND AGREE THAT THE FINANCIAL WORD DOES NOT TAKE ANY RESPONSIBILITY
OR LIABILITY WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR
FOR ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. PLEASE UNDERSTAND THAT YOU
AGREE THAT THE FINANCIAL WORD WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR
ANY SUSPENSION, MODIFICATION OR DISCONTINUATION OF ANY PROMOTION.
8.
License Grant. As a Website-user and/or Member, you are granted a revocable,
non-exclusive, non-transferable and limited license to access and use portions
of the The Financial Word Offerings and associated content in accordance with
the Agreement. At any time and for any reason, The Financial Word may terminate
this license. You are permitted to use The Financial Word Offerings on one
computer for your own personal use. No part of the The Financial Word Offerings
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than as expressly authorized. You agree
not to use any automated means or form of scraping or data extraction to
access, query or other method to collect information or content from the
Website. You may not copy, use, clone, emulate, rent, lease, decompile, sell,
modify, disassemble, transfer or reverse engineer the The Financial Word
Offerings, content or any portion thereof. The Financial Word reserves any and
all rights not explicitly granted in the Agreement. You may not use any device,
routine or software to disrupt, interfere or attempt to disrupt or interfere
with the proper working of the The Financial Word Offerings. Your right to use
the The Financial Word Offerings is not transferable.
9.
Proprietary Rights. The organization, content, graphics, design, magnetic
translation, compilation, digital conversion, software, services and other
matters related to The Financial Word Offerings are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to,
intellectual property) rights. The copying, publication, redistribution or sale
of any part of the The Financial Word Offerings is strictly prohibited. You do
have ownership rights in or to the The Financial Word Offerings or any content,
document, software, services or other materials viewed at or through the
Website or otherwise by and through the The Financial Word Offerings. The
posting of information or material on the Website or otherwise by and through
the The Financial Word Offerings by The Financial Word does not constitute a
waiver of any right in or to such information and/or materials.
10.
Editing, Deleting and Modification. We reserve the right to edit and/or delete
any documents, information or other content appearing on the Website or
otherwise by and through the The Financial Word Offerings in our sole
discretion.
11.
Indemnification. You agree to indemnify and hold The Financial Word, its
parents, subsidiaries and affiliates, and each of their respective members,
employees, officers, directors, co-branders, other partners, and/or agents
harmless from and against any and all claims, expenses (including attorneys'
fees), damages, costs, suits, demands and/or judgments whatsoever, made by any
third party due to or arising out of: (a) your use of the The Financial Word
Offerings; (b) any dispute between you and any Member or Website-user; (c) your
breach of the Agreement; and/or (d) your violation of any rights of another
individual and/or entity. The provisions of this Section 12 are for the benefit
of The Financial Word, its parents, subsidiaries and/or affiliates, and each of
their respective members, employees, officers, directors, agents, shareholders,
attorneys, suppliers and/or licensors. Each of these individuals and entities
has the right to assert and enforce these provisions directly against you on
its own behalf.
12.
Disclaimer of Warranties. THE THE FINANCIAL WORD OFFERINGS AND/OR ANY OTHER
PRODUCTS/SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED TO YOU ON AN " AS
AVAILABLE" AND "AS IS" BASIS. ALL WARRANTIES, EXPRESS AND
IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE
FINANCIAL WORD MAKES NO WARRANTY THAT: (A) THE THE FINANCIAL WORD OFFERINGS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE WILL MEET
YOUR REQUIREMENTS; (B) THE THE FINANCIAL WORD OFFERINGS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED,
SECURE, TIMELY OR ERROR-FREE; OR (C) RESULTS THAT AVAILABLE ON THE WEBSITE
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE WEBSITE
WILL BE RELIABLE OR ACCURATE. THE THE FINANCIAL WORD OFFERINGS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE MAY CONTAIN BUGS, PROBLEMS,
ERRORS OR OTHER LIMITATIONS. WE DO NOT TAKE LIABILITY FOR THE AVAILABILITY OF
THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE THE FINANCIAL WORD
OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM The Financial Word, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER The
Financial Word OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
13.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Financial
Word IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF The Financial Word HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE
INABILITY TO USE THE The Financial Word OFFERINGS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE; (B) THE COST OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY DATA, GOODS, INFORMATION AND/OR SERVICES
PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE;
(C) THE UNAUTHORIZED ALTERATION OF OR ACCESS TO YOUR REGISTRATION DATA; AND (D)
ANY OTHER MATTER ARISING FROM THE INABILITY TO USE THE The Financial Word
OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE
WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE
INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES
OF ACTION. YOU HEREBY RELEASE The Financial Word FROM ANY AND ALL LIABILITIES,
OBLIGATIONS AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE
LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF The Financial
Word TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS
($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN YOU AND The Financial Word. THE ABILITY TO USE
THE The Financial Word OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES
AVAILABLE THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS.
14.
Third Party Websites. The The Financial Word Offerings may refer and link you
to other websites and/or resources. Because The Financial Word has no control
over third party websites and/or resources, you acknowledge and agree that The
Financial Word holds no responsibility for the availability of such third party
websites and/or resources. Furthermore, The Financial Word does not endorse,
and does not hold any responsibility or liability for, any terms and
conditions, privacy policies, services, content, advertising, products and/or
other materials at or available by third party resources or websites, or for
any damages and/or losses arising therefrom.
15.
Privacy Policy/User Information. Use of the Website, and all comments,
feedback, information, Registration Data and/or materials submitted by you
through or in association with the Website, is subject to our Privacy Policy.
We reserve the right to use any personally identifiable information provided by
you and all information regarding your use of the Website, in accordance with
the terms of our Privacy Policy. To view our Privacy Policy, go to:
https://travel.TheFinancialWord.com/i/TheFinancialWord-privacy.
16.
Legal Warning. You may not take any action imposing an unreasonable or
disproportionately large load upon the The Financial Word infrastructure. Any
attempt by any individual or entity, whether or not a The Financial Word
customer, to damage, tamper with, destroy, vandalize and/or otherwise interfere
with the operation any The Financial Word Offering is a violation of civil and
criminal law and The Financial Word will pursue any and all remedies against
any offending individual or entity to the fullest extent permissible by law and
in equity.
17.
Dispute Resolution Provisions. The Agreement shall be treated as though it were
executed and performed in Cold Spring Harbor, New York and shall be governed by
and construed in accordance with the laws of the State of New York (without
regard to conflict of law principles). Should a dispute arise concerning the The
Financial Word Offerings, the terms and conditions of the Agreement or the
breach of same by any party hereto: (a) you agree to first commence a formal
dispute proceeding by completing and submitting an Initial Dispute Notice which
can be found at https://finance.thefinancialword.com/i/the-financial-word-docs;
and (b) the parties agree to submit their dispute for resolution before a
reputable arbitration organization. The Financial Word may choose to provide
you with a final written settlement offer after receiving your Initial Dispute
Notice ("Final Settlement Offer"). If we provide you with a Final
Settlement Offer and you choose not to accept it, or we cannot otherwise
satisfactorily resolve your dispute, you may submit your dispute for resolution
by arbitration before an arbitration organization mutually agreed upon by both
parties, in your county of residence. You may do so by filing a separate Demand
for Arbitration, which is also available on the Website athttps://finance.thefinancialword.com/i/the-financial-word-docs.
For claims of Five Thousand Dollars ($5,000.00) or less, you may choose whether
the arbitration proceeds in person, by telephone or based only on submissions.
Should the arbitrator award you relief greater in amount than the Final
Settlement Offer, we will pay all administration, filing and arbitrator fees
associated with the arbitration and we will reimburse any reasonable attorneys'
fees that your attorney accrued for investigating, pursuing and preparing the
claim in arbitration. Any award rendered shall be final and conclusive to the
parties and a judgment thereon may be entered in any court of competent
jurisdiction. Nothing contained herein shall be construed to preclude any party
from: (i) pursuing the matter in small claims court rather than arbitration;
and/or (ii) seeking injunctive relief in order to protect its rights pending an
outcome in arbitration. Although we may have the right to an award of
attorneys' fees and expenses should we prevail in arbitration, we will not seek
such an award from you with the exception that the arbitrator determines that
your claim was frivolous.
To
the extent permitted by law, you agree that you will not bring, join or
participate in any class action lawsuit as to any claim, dispute or controversy
that you may have against The Financial Word and/or its officers, employees,
directors, representatives, members and/or assigns. You agree to the entry of
injunctive relief to stop such a lawsuit or to remove yourself as a participant
in any such suit. You also agree to pay the court costs and attorney's fees
that The Financial Word incurs in seeking such relief. This provision prevents
you from bringing, joining or participating in class action lawsuits: (A) is
not a waiver of any of your rights or remedies to individually pursue a claim
and not as a class action in binding arbitration as provided above; and (B) is
an independent agreement. By providing written notice within thirty (30) days
of the date that you first access the Website, you may opt-out of these dispute
resolution provisions.
18.
Miscellaneous. Should any part of the Agreement be held unenforceable or
invalid, remaining portions shall remain in full force and effect. To the
extent that anything in or associated with any The Financial Word Offering is
in conflict or inconsistent with the Agreement, the Agreement shall take
precedence. Notwithstanding the foregoing, in the event that there is any
inconsistency between these Terms and Conditions and any Official Contest
Rules, the Official Contest Rules shall govern. Our failure to enforce any
provision of the Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
19 . Contact Us. If you have any questions regarding the Agreement, the The Financial Word Offerings or would like more information, you may contact us by calling customer service at: 516-200-4424; you may also email us at: support@TheFinancialWord.zendesk.com or send us mail to: The Financial Word c/o Bulletpoint Digital, 2885 Sanford Ave SW #31899, Grandville, MI 49418.