Terms of Use

Last Updated: June 16, 2022

This Terms of Use (“Terms of Use”) is a binding agreement between you (“you” or “your”) and Financial-Information-Technologies, LLC (“Fintech”, “Lilypad”, “our”, “us” or “we”). This Terms of Use governs your access to and use of this website (“Website”).

 

By accessing or using this Website, you (a) represent that you are of legal age (typically 18 years of age or older in most jurisdictions),  (b) acknowledge and agree that you have read and understand this Terms of Use and Fintech’s Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made part of this Terms of Use by this reference, and (c) agree to be bound by this Terms of Use. If you do not agree to this Terms of Use,  you are not authorized to access or use the Website.‌

 

  1. Right to Access and Use. Subject to this Terms of Use, Fintech hereby grants you a limited, non-exclusive, and nontransferable license to use the Website for your commercial use on a device owned or otherwise controlled by you strictly in accordance with the Website’s documentation.
  2. 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;
    • publicly display or publicly perform the Website, except as expressly set forth in this Terms of Use;
    • 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 violates this Terms of Use or any applicable law;
    • access or use the Website in any manner that infringes any intellectual property right of any other person;
    • use any data or other information obtained through the Website for any unlawful purpose, in violation of this Terms of Use, or in violation of any law, rule or regulation;
    • access or use the Website or any data or other information obtained through the Website for any unlawful purpose or with any unlawful intent or purpose or otherwise not permitted pursuant to this Terms of Use;
    • 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;
    • upload, e-mail, transmit, or otherwise make available any content or data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment or to otherwise interact with the Website in a manner not permitted by this Terms of Use;
    • 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.

 

  1. Reservation of Rights. You acknowledge and agree that the Website is provided to you as a right to access and use, and is not sold to you. You do not acquire any ownership interest in the Website under this Terms of Use, or any other rights thereto other than the limited right to access and use the Website in accordance with the terms, conditions, and restrictions, set forth in this Terms of Use. Fintech and its licensors and service providers, and each of their affiliates, hereby reserve and shall retain their entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights in the Website or relating to the Website, except as expressly granted to you in this Terms of Use.
  2. Collection and Use of Your Data and Other Information. You acknowledge that when you use the Website, Fintech and its licensors and services providers and their affiliates may use automatic means (including, for example, cookies and web beacons) to collect data about your Device and about your use of the Website. You also may be required to provide certain other information about yourself as a condition to downloading, installing, or using the Website or certain of its features or functionality, and the Website may provide you with opportunities to share information about yourself with others. All data and other information Fintech collects through or in connection with this Website is subject to the Privacy Policy and may be (a) provided, processed, used, reproduced, modified, distributed, sold, and commercialized by Fintech and Fintech’s licensors and service providers and each of their affiliates supporting the Website for Fintech, and (b) used, and shared with advertisers, to show you advertisements. By downloading, installing, using, and providing information to or through this Website, you consent to all actions taken by Fintech or Fintech’s licensors and service providers and each of their affiliates with respect to your data and other information in compliance with this Terms of Use and the Privacy Policy.
  3. Grant of Right to Use Your Data. During your authorized right to access and use the Website, you hereby grant Fintech a perpetual, irrevocable, royalty-free, fully paid-up, transferrable, non-exclusive right and license to collect, store, use, share, and otherwise process your user data and other information consistent with the terms of our Privacy Policy and applicable law (i) as reasonably appropriate or necessary to enable you to access and use the Website; (ii) to enable Fintech to provide the Website or fulfill any obligation of Fintech pursuant to this Terms of Use; and (ii) to process user data in accordance with this Terms of Use.
  4. 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.
  5. 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.
  6. Updates. Fintech or its licensors or service providers or their affiliates may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fintech and its licensors and service providers and their affiliates have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Terms of Use.
  7. 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.
  8. Term and Termination.
    • The term of this Terms of Use commences when you acknowledge your acceptance and will continue in effect until terminated by you or Fintech as set forth in this Terms of Use.
    • You may terminate this Terms of Use by deleting the Website and all copies thereof from your devise.
    • Fintech may terminate this Terms of Use at any time without notice if (i) it ceases to support the Website, which Fintech may do in its sole discretion, or (ii) its license with its licensor or service provider with respect to the Website is terminated. In addition, this Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms of this Terms of Use.
    • Upon termination, (i) all rights granted to you under this Terms of Use will also terminate, and (ii) you must cease all use of the Website and delete all copies of the Website from your devise and devise account. Termination will not limit any of Fintech’s or its licensors’ or service providers’ or their affiliates’ rights or remedies at law or in equity.
  9. 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.
  10. 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.
  11. Indemnification. You agree to indemnify, defend, and hold harmless Fintech and its licensors and service providers and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Website or your breach of this Terms of Use, including, but not limited to, the content you submit or make available through this Website.
  12. 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.
  13. Severability. If any provision of this Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Terms of Use will continue in full force and effect.
  14. Governing Law. This Terms of Use is governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any equitable action or legal proceeding arising out of or relating to this Agreement, each Party expressly consents to the (i) venue of Hillsborough County, Florida, USA and hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Hillsborough County, Florida, USA.
  15. JURY TRIAL WAIVER. FINTECH AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF USE. FINTECH AND YOU EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
  16. Entire Agreement. This Terms of Use and the policies referenced in it constitute the entire agreement with respect to your rights, remedies and obligations relating to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. At our sole discretion and at any time, we may amend this Terms of Use. You should review this Terms of Use for amendments each time you use the Website. For your convenience, we post on the Website the last date this Terms of Use was updated. If this Terms of Use is amended, the amended Terms of Use will take effect immediately. Your continued use of the Website following an amendment will evidence your acceptance of the amended Terms of Use.
  17. Miscellaneous. No failure to exercise, and no delay in exercising, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. Fintech’s licensors and service providers and their affiliates are hereby designated as third-party beneficiaries with respect to the applicable provision and protections under this Terms of Use. Sections 3, 4, 5, 10(d), and 11 through 19 will survive the expiration or earlier termination of this Terms of Use.

Fintech Newsroom

Fintech and BottlePos Enter into Strategic Partnership

TAMPA, FL — Financial Information Technologies, LLC ("Fintech"), the leading business solutions provider for the beverage alcohol industry, has partnered with BottlePos, an intuitive point of sale software that simplifies liquor store management. Together, Fintech and...

read more