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Last Updated: April 2, 2024

 

This WEBSITE Terms of Use (“Terms of Use”) GOVERNS YOUR (“YOU” OR “YOU”) ACCESS TO AND USE OF THE WEBSITE PROVIDED BY Financial-Information-Technologies, LLC (“Fintech”, “Lilypad”, “our”, “us” or “we”).

 

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 our 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 right to access and use the Website for your use on a single device owned or otherwise controlled by you strictly in accordance with the Website’s documentation.

 

2.  Access and Use Restrictions. You represent and warrant to Fintech that all information you provide through the Website will be accurate, complete and current at the time you provide such information and that you will proactively update such information to keep such information accurate, complete and current. You shall not and shall not authorize, induce, or permit any other person to, or attempt to:
o   rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Website available to any other person;
o   publicly display or publicly perform the Website, except as expressly set forth in this Terms of Use;
o   operate a service bureau for time-sharing purposes or in any other way allow third parties to exploit the Website
o   reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Website’s source code;
o   intentionally bypass, breach, disable or defeat any technological safeguard or other protection used in, or in connection with, the Website;
o   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;
o   access or use the Website in any manner that violates this Terms of Use or any applicable law;
o   access or use the Website in any manner that infringes any intellectual property right of any other person;
o   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;
o   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;
o   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;
o   upload, e-mail, transmit, or otherwise make available any content or data that is false, inaccurate, incomplete, untimely, or misleading;
o   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;
o   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;
o   use an inappropriate user name of any kind;
o   stalk or otherwise harass any person or entity;
o   target or harm minors in any way;
o   impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
o   forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
o   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
o   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.

 

3.  Reservation of Rights. You acknowledge and agree that the Website is only provided to you during the Term 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.

 

4.  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 accessing, 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.

 

5.  Collection and Use of Other User Information. With respect to the information of other users of the Website that you access or obtain, directly or indirectly, from or through the Website, you shall only use such information as permitted pursuant to this Terms of Use, to facilitate a transaction through the Website, or to meet an obligation to such other user pursuant to your use of the Website. All such uses shall be consistent with all applicable data privacy and security laws, rules and regulations.

 

6.  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.

 

7.  Username and Password. You are solely responsible for maintaining the confidentiality and use of your username and password for accessing and using the Website. You shall immediately notify Fintech of any 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.

 

8.  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.

 

9.  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.

 

10. 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.

 

11. Term and Termination.
a)  The term of this Terms of Use commences when you acknowledge your acceptance of this Terms of Use and will continue in effect until terminated by you or Fintech pursuant to the terms of this Terms of Use.
b)  You may terminate this Terms of Use by deleting the Website and all copies thereof from your device.
c)  Fintech may terminate this Terms of Use at any time without notice if (i) Fintech ceases to support the Website, which Fintech may do in its sole discretion, (ii) its license with its licensor or service provider with respect to the Website is terminated, or (iii) if you violate this Terms of Use. Fintech may suspend your access to the Website at any time without notice if you violate this Terms of Use.
d)  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. Termination will not limit any of Fintech’s rights or remedies at law or in equity.

 

12. DMCA. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Website infringes your copyright(s), you (or your agent) may send Fintech a notice requesting that such content be removed or access to it be blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter-notices should be sent to:

 

Financial-Information-Technologies, LLC
Attn: DMCA Notices
3109 W. Dr. Martin Luther King Jr. Blvd., Suite 200
Tampa, FL 33607

 

13. 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 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL 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 PROVIDES 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, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. FINTECH EXPRESSLY DISCLAIMS ANY WARRANTIES BY THIRD PARTIES. 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.

 

14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FINTECH HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR PROVIDE OR RECEIVE 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; (B) THE ACTIONS OR INACTION OF THIRD PARTIES; OR (C) 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 WAS 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.

 

15. 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.

 

16. 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.

17. General.

a) 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.

b) Amendments and Modifications. This Terms of Use may only be amended or modified pursuant to a written amendment duly executed or an electronic amendment duly accepted by both Fintech and you; provided, however, Fintech may (i) update this Terms of Use to comply with applicable law; and (ii) update the Privacy Policy at any time by providing written notice (“Update Notice”) to you. If an update to the Privacy Policy changes how Personal Data or Personal Information (as defined in the Privacy Policy) is used or applicable law otherwise requires your consent, then Fintech will also seek your consent prior to such update applying to you.

c) Binding Effect. This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Fintech and you and their successors and permitted assigns. This Terms of Use shall not be construed to give any person other than Fintech and you any legal or equitable right, remedy, or claim under or with respect to this Terms of Use.

d) Assignment. You shall not assign this Terms of Use or any right or obligation pursuant to this Terms of Use without the prior, written consent of Fintech, which consent may be withheld at the sole discretion of Fintech.

e) Waiver. No waiver of a breach of this Terms of Use by either party shall be construed as a waiver of a similar or any other provision of this Terms of Use.

f) 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.

g) Force Majeure. Except for obligations of payment, if either party is prevented from performing any of such party’s obligations under this Terms of Use by circumstances beyond its reasonable control, then the party so affected shall be excused from its performance under this Terms of Use so long as such circumstance exists.

h) Notice. All notices required pursuant to this Terms of Use shall be delivered by and deemed delivered upon (i) hand-delivery on the date delivered; (ii) nationally recognized overnight delivery service on the date delivered or the date delivery is refused by the recipient; or (iii) electronic mail with verification of receipt upon such verification. All such notices shall be addressed to the other party at the address set forth below or to such other address as a party may designate by notice complying with the terms of this section:

i) 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 this Terms of Use or otherwise related to the Website, 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.

j) 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.

k) NO CLASS ACTIONS. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

l) Injunctive Relief. Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.

m) Prevailing Party Attorneys’ Fees. In the event of any equitable action arising or legal proceeding arising out of this Terms of Use or otherwise related to the Application, the prevailing party in such equitable action or legal proceeding shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such equitable action or legal proceeding, as well as at all levels of trial and appeal.

n) Injunctive Relief. Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.

o) Survival. Sections 2-6, 10, 11(d), and 12-17 will survive the expiration or earlier termination of this Terms of Use.

p) Counterparts and Electronic Versions. This Terms of Use may be accepted in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. This Terms of Use may be accepted by digital or electronic acceptance or signature. Each party reserves the right to maintain an accepted copy of this Terms of Use in electronic form only, and each party agrees that a print-out of such electronic form of this Terms of Use will be deemed an original.

 

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