I. Introduction
This User Agreement (Agreement) is a legal document. It outlines your rights and obligations as a User of this Web Site (sometimes called Site) in connection with the purchase and use of the Financial IQ Education Portal, hereinafter called “Portal”. By accessing this Site or purchasing the Portal, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users of this Site, irrespective of whether they purchase the Portal.
Financial IQ, LLC reserves the right to revise the Portal, this Agreement, the Privacy Policy, and any other part of this Site, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
II. Definitions
As used in this Agreement:
A. User means an individual or business that accesses or uses the Site.
B. Registration means the process of registering to access or use this Site. You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.
C. Registration Information means the information, including user name and password, required of a User to complete the Registration process.
D. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
E. Privacy Policy means the statement of Privacy Policy, as amended from time to time.
III. Eligibility to Access Portal
To access the Portal, you must be at least 18 years old. By using the Site, you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement. You may not download, copy, modify or otherwise use the Site or contents of the Site for any purposes other than those expressly permitted herein. Financial IQ, LLC reserves the right to deny access or remove content as determined in the sole discretion of Financial IQ, LLC.
IV. Account Requirements
If you access the Portal, you agree to provide accurate, current, and complete Registration Information as prompted by the Registration processes. You agree to promptly update the Registration Information, and any other information you provide to Financial IQ, LLC and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site. You agree that your right to use the Site is personal to you, and you may not resell, assign, or make any commercial use of the Site or Portal. You will have access to the Portal as determined by your Provider.
V. Password and Security
Upon registration, you will select a user name and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify Financial IQ, LLC immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.
VI. Service Access and Speed
Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.
You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. Financial IQ, LLC is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site.
VII. Third Party Sites
The Site may contain links to websites provided or operated by other parties. When you visit any such websites, you do so at your own risk. We undertake no obligation to monitor such websites and are not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.
VIII. Charges and Billing
The cost of access to the portal is provided by the user’s Provider. We do not collect user’s credit card or other billing information.
IX. Disclaimer of Warranties
Our website and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. Financial IQ, LLC disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the website and your use thereof. Financial IQ, LLC makes no warranties or representations about the accuracy or completeness of this website’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from our website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the website. You assume the entire risk of loss and damage due to your use of the website, including but not limited to the cost of repairs or corrections to your hardware or software.
X. Limitation of Liability
Your use of our website is entirely at your sole risk. Financial IQ, LLC shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
XI. Indemnification
You agree to indemnify and hold harmless Financial IQ, LLC from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website.
XII. CHOICE OF LAW
The terms of this User Agreement and use of this Site is governed by the laws of the State of Tennessee.
XIII. Intellectual Property
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Financial IQ, LLC and protected by U.S. and international copyright laws. Any software used on this Site is the property of Financial IQ, LLC or its software suppliers and protected by U.S. and international copyright laws. You are expressly prohibited from I-framing or displaying this site or any portion of it on other websites without express written consent of Financial IQ, LLC
Financial IQ, LLC is a trademark of Financial IQ, LLC and may not be used in connection with any product or service that does not belong to Financial IQ, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Financial IQ, LLC.
XIV. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
XV. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
XVI. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
XVII. PRIVACY STATEMENT
Financial IQ, LLC does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. Financial IQ, LLC reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site. Financial IQ, LLC reserves the right to change this policy at any time. Any such change will be posted on the Site.
Our Site may use cookies to facilitate easier navigation within the Site and provide a higher level of convenience for the visitor. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. Any use of cookies used by our Site will not written to the visitor’s hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor’s personal computer.
Our Site keeps track of the pages our customers visit within our websites in order to determine what Services are the most popular. This data is used to deliver customized content and advertising within the websites we operate to users whose behavior indicates that they are interested in a particular subject area. Our Site uses tracking pixels to collect information that helps us provide our Service to you. Please note that any “do not track” signals sent by your web browser or other mechanism have no effect on the collection of personally identifiable information by Our Site. In addition, other parties who perform data analytics for Our Site, such as Google Analytics, may collect personally identifiable information about your online activities when you use our Services. Third party affiliates of Our Site may have different policies with respect to “do not track” signals and Our Site makes no representations with respect to such policies.
Our Site uses tracking to create remarketing audiences of users based on user behavior/their visits to our website. Our Site may also target these users with custom ads based on affinities/interests, geographic and demographic signals. Our Site only shares browser-level data through third party vendor tracking such as Google Analytics. Users can opt out of these advertising features by visiting Google or resources like the NAI consumer opt-out page. Our Site may use email addresses to target users with custom ads through 3rd party advertising platforms. Our Site shares customer information with third parties to perform services (advertising) on our behalf.
Our Services are not intended for use by children under the age of 13, and such use is prohibited by our Terms of Service. We do not knowingly collect personally identifiable information from children under 13. If you become aware that a child has provided us with Personal Information, please contact us as set forth in this Privacy Policy.
XVIII. Termination This Agreement is effective until terminated by Financial IQ, LLC at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
XIX. Contacting Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact:
Financial IQ, LLC
Date of Last Revision: 1/1/2017