Last Updated: June 16, 2022
- Access and Use Restrictions. You shall not and shall not authorize, induce, or permit any other person to, or attempt to:
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Website available to any other person;
- operate a service bureau for time-sharing purposes or in any other way allow third parties to exploit the Website
- reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Website’s source code;
- intentionally bypass, breach, disable or defeat any technological safeguard or other protection used in, or in connection with, the Website;
- remove, alter, obscure, translate, combine, supplement or otherwise change any portion of any screen display, trademark or copyright marks, documentation, disclaimer, version or release number displayed by or in connection with use of the Website;
- access or use the Website in any manner that infringes any intellectual property right of any other person;
- upload, e-mail, transmit, or otherwise make available any content or data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, e-mail, transmit, or otherwise make available any content or data that is false, inaccurate, incomplete, untimely, or misleading;
- upload, e-mail, transmit, or otherwise make available any content or data that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity;
- use an inappropriate user name of any kind;
- stalk or otherwise harass any person or entity;
- target or harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
- interfere with or disrupt the Website or servers or networks connected to the Website, interfere with the use of the Website by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; or
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- Username and Password. You are solely responsible for maintaining the confidentiality and use of your username and password for accessing and using the service. You shall immediately notify Fintech of any actual or suspended or unauthorized access to or use of your username, password and/or the Website or any other actual or potential security breached involving the Website.
- Monitoring. Fintech will have the right, but not the obligation, to monitor access to and use of the Website by users, including yourself, and the right to use technological safeguards to protect the Website and access to and use of the Website by users.
- Third-Party Materials. The Website may display, include, or make available third-party content (including data, information, Websites, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Fintech and its licensors and service providers and their affiliates are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fintech and its licensors and service providers and their affiliates do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
- DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FINTECH, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS AND THEIR AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FINTECH AND ITS LICENSORS AND SERVICE PROVIDERS AND THEIR AFFILIATES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FINTECH OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR THEIR AFFILIATES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT AND SERVICES FOR (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE OR $100, WHICHEVER IS LESSER. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FINTECH OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR THEIR AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Export Regulation. The Website may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website available outside of your jurisdiction.
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