Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

By using Financial Finesse, Inc.’s (“FF”, “we”, “our”, and “us”) Financial Wellness Hub (the “HUB”) and any other website and digital or social media platforms owned or controlled by us (each, a “Property” and collectively, the “Properties”), along with any content, functionality, and services offered through us (collectively, the “Services”) and accessing its contents you (“you” and “your”) are deemed to have agreed to these Terms of Use (the “Terms of Use”).

Through its HUB, FF provides general information and education on a variety of topics, including education on investment fundamentals. FF does not provide investment, tax, or legal advice. FF does not recommend particular investment funds or strategies. Information provided by FF and any webinars, events, or seminars hosted by FF or any third-party advisor or Client (defined below) (each, an “Event”), and any content, information, communications, or other materials which may be made available to users via the Events, HUB, or Properties (collectively, the “Content”) is for informational purposes only. The Content should not be considered legal or financial advice. Such advice should be obtained from a qualified financial, legal, or tax advisor based on your individual situation. FF makes no representation or warranty, express or implied, of any kind as to the completeness, accuracy, reliability, suitability for a particular purpose, or availability with respect to the Properties or Content contained in the HUB. Some of the information is relevant only in the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information, Content, and Properties will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on the Properties are solely those of the author(s) of the article and do not reflect the opinions of FF or its management.

FF makes no guarantee or promise as to any results that may be obtained from using the Content. No one should make any investment decision without first consulting his or her own qualified advisors and conducting his or her own research. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FF DISCLAIMS ANY AND ALL LIABILITY IN THE EVENT ANY CONTENT, COMMENTARY, ANALYSIS, OPINION, ADVICE AND/OR RECOMMENDATIONS PROVE TO BE INACCURATE, INCOMPLETE, OR UNRELIABLE, OR RESULT IN ANY INVESTMENT OR OTHER LOSSES.

Content contained on or available through the HUB or Properties is not intended to and does not constitute legal, investment, or financial advice, and no attorney-client or other fiduciary relationship is formed. Your use of the Content is at your own risk.

Please read these Terms of Use carefully before accessing or using our Properties. By using the Properties, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://www.ffhub.com/?redir=/privacy-policyincorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations.

Arbitration Notice.

AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND FF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).  

Basic Terms and Rules of Conduct.

The HUB and Properties are intended for the private use of employees and their spouses and other family members in those participant organizations that have contracted with FF (each, a “Client” and collectively, the “Clients”). These resources are made available for such individuals’ personal use only.

All information, tools and resources represented in the HUB are strictly confidential. Other than the authorized access to and personal, routine use of the HUB, any other use of or access to the HUB and the information it includes is unauthorized and strictly prohibited.

Any unauthorized use of the Properties is expressly prohibited. For the avoidance of doubt, you hereby agree to the following:

1. You are responsible for making all arrangements necessary for you to have access to the Properties and ensuring that all persons who access the Properties through your internet connection are aware of these Terms of Use and comply with them.
2. To access any Property or some of the resources it offers, such as to make a purchase, you may be asked to provide certain registration details or other information, including Personal Information (as defined in the Privacy Policy). It is a condition of your use of the Properties that all the information you provide on the Properties is correct, current, and complete.
3. Unless otherwise noted, the Properties as a whole or in part, and all Content are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by FF or its subsidiaries and affiliates. You may only use the Content and the Properties for your personal, noncommercial use; any other use of the Content or Properties without FF’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Content is granted or transferred to you as a result of your access or use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Content or Properties. Unauthorized use of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
4. We welcome your comments and feedback regarding our Properties, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to FF using Properties or otherwise (collectively, “Communications”) are not confidential and will become and remain FF’s property. The disclosure, submission, or offer of any Communications will constitute an assignment to FF of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.
5. You may not use the Properties to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
6. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Properties or features that prevent or restrict use or copying of any Content or materials.
7. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Properties, servers or networks connected to the Properties or the technical delivery systems of FF’s providers or break any requirements, procedures, policies or regulations of networks connected to the Properties.
8. You are responsible for any activity that occurs in the real world and through your account. If available, FF prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide(d) to or were provided by the FF upon registration and at all other times will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
9. You agree that you will not solicit, collect or use the login credentials or other confidential information of other users of the Properties (each and collectively, “Third Party Users”).
10. You are responsible for keeping your password secret and secure.
11. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Properties, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You may not use the Properties for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Properties and your Communications, including but not limited to, copyright laws.
13. You must not change, modify, adapt or alter the Properties or change, modify or alter another website so as to falsely imply that it is associated with the Properties or FF.
14. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Third Party Users.
15. You must not interfere or disrupt the Properties or servers or networks connected to the Properties, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of the Properties are or Content is rendered or displayed in a Third Party User’s browser or device.
16. If available, you must not create accounts with the Properties through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You must not attempt to restrict any Third Party User from using or enjoying the Properties and you must not encourage or facilitate violations of these Terms of Use or any other FF terms.
18. You must not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You understand and agree that you use the Properties at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for FF as FF may determine in its sole discretion, we can stop providing all or part of the Properties to you.

Third Party Content.

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Properties by third parties (“Third Party Content”) are solely those of their respective providers and not of FF, which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is your responsibility to evaluate Third Party Content and FF shall not be liable for any damage or loss caused by your or any Third Party User’s reliance on or other use of Third Party Content.

Content Posted by Users.

To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the Properties, including, without limitation, via the HUB (e.g. questions), (“User Content”) you will be: (a) granting FF a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of FF with respect to such use of the User Content; (b) granting FF a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by FF on its Properties, and accessed by Third Party Users, for the purposes and on the terms as set out in these Terms of Use; (c) agreeing to indemnify and hold harmless the FF Parties (defined below) and Third Party Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Properties does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. FF shall have the right to use your name in connection with your posted User Content. FF reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these Terms of Use.

If you choose to post any User Content and interact with Third Party Users, if applicable, please be respectful of other users and use common sense when posting comments or using the chat feature. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public. 

Use of HUB Services.

FF may offer certain services by and through the HUB which allow users to engage in one or another manner with a network of third party experts and planners (including by submitting proposed questions to be posed to financial planning and personal finance professionals). Your use of and reliance on such services, if any, is entirely at your own risk, and you are solely responsible for complying with this Terms of Use at all times. Your submissions (including any public profile information associated with such submission) and any associated responses from our planner network, all of which materials constitute Third Party Content under this Terms of Use, may be displayed in publicly viewable forums. Submission of a question does not guarantee a response will be provided.

IMPORTANT: No Client Relationship; No Privilege. By answering questions, planners do not intend to form, and do not form an advisor-client, planner-client, or any other direct privileged or professional relationship with any user of the Properties. Please keep in mind that laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Additionally, none of the Third Party Content will be treated as private or confidential, nor is it protected by attorney-client, or any other privilege, and it may be read, collected, and used by FF and others. Search engines may index your questions, answers, and other Third Party Content to allow such content to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Third Party Content on our Properties that relate to the search may appear in the search results list with links to your questions, answers, and other Third Party Content).

PLEASE NOTE: FF does not provide tax, accounting, legal, investment, or financial services. The information available through FF’s Hub Services is provided by third parties and solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. FF makes no guarantees as to the accurateness, quality, or completeness of the information and FF shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. You are solely responsible for verifying the information as being appropriate for your personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While FF may edit questions provided by users for grammar, punctuation, profanity, and question title length, FF is not involved in the questions and answers between planners and users, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers via the Hub Services, and is not responsible for any claims made by any planner. FF is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.

POSTS ARE NOT CONFIDENTIAL. Hub Services is a forum-based service and any information and materials you submit in connection with your profile and/or any questions you pose to any one of the planners via the Hub Services may be displayed in publicly viewable forums.

Hub Services – for Planners.

Participation in the Hub Services as a planner involves a vetting and approval process. Acceptance into the Hub Services is at FF’s sole discretion and may be based on such factors as licenses/registrations, designations, assets under management, SEC/FINRA or IIROC disclosures, applicable state/provincial/territorial regulator information, federal/state/provincial/territorial agencies in connection with tax and/or accounting licensing boards and/or agencies, and other considerations deemed relevant by FF in its sole discretion. By applying to the Hub Services, you are representing and warranting to the accuracy and completeness of all information provided to FF during and after the application process.

If accepted into the Hub Services, you agree to promptly notify FF if any information previously provided becomes incorrect or otherwise obsolete. Participation in the Hub Services requires, at a minimum, that you maintain your status as a certified financial planner. You shall be solely responsible for ensuring ongoing compliance with all certification requirements and any obligations imposed by applicable regulators and/or your employer. Should you lose your status as a certified financial planner, or if there has been any other material change to your profile or the information submitted as part of the application process (including if you become subject to any legal or regulatory action, proceeding or sanctions), you agree to immediately cease participating in the Hub Services, and to promptly notify FF so that your profile may be suspended or removed.

By applying for and/or participating in the Hub Services, you acknowledge that the purpose of the Hub Services is to be a source of general information and education for FF’s users at large and, accordingly, while answers you publish through the Hub Services may include analysis of different options and considerations given the facts indicated by the questioners, answers may not include a recommendation that the questioner take a specific course of action. Specifically, for financial advisors, your answers must not (i) recommend or promote specific securities, funds, or other investments, (ii) advertise or promote your specific qualifications, experience, or past performance, or (iii) directly solicit FF users as clients. Your participation in the Hub Services is specifically to allow you to provide answers to questions posed through the Hub Services. FF does not answer Hub Services questions itself, nor does it provide tax, investment, financial, tax, accounting, or legal services. FF is under no obligation to review, edit or verify the usefulness, reliability, completeness or accuracy of any answers you publish through the Hub Services, and FF expressly disclaims any and all liability in connection with your answers or other submissions through the Hub Services, for which you shall be solely liable. FF does, however, reserve its right to remove any answer or other content from the Hub Services or the FF website generally, in its sole discretion, and with or without advance notice. By publishing an answer to a Hub Services question, you are attesting to such answer’s veracity, completeness and accurateness, as well as having all necessary rights to publish such answer. By submitting an answer you additionally grant FF a worldwide, non-exclusive, irrevocable, royalty-free right and license (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify as to format or appearance but not substance, transfer and distribute such content (with or without your associated public profile information), in any media formats and through any channels (whether now known or hereafter developed). In addition, by submitting an answer, you waive all moral rights in such content in favor of FF. You agree to not post the identical answer on any website other than your own personal or professional website, and social media platforms.

In addition to participating in the Hub Services by providing answers to users’ questions, you will also have the opportunity to contribute other content for inclusion on our website, including without limitation, articles. All such additional submissions are in our discretion and are subject to this Terms of Use. By submitting any such content, you grant FF a worldwide, non-exclusive, irrevocable, royalty-free right and license (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify as to format or appearance but not substance, transfer and distribute such content (with or without your associated public profile information), in any media formats and through any channels (whether now known or hereafter developed). In addition, by submitting such content, you waive all moral rights in such content in favor of FF. You agree to not post the identical content on any competing website.

You agree to indemnify and hold FF harmless from and against any claims arising out of or related to your participation in the Hub Services, including those alleging that any answer or other content you submit to or publish through the Hub Services, or your participation in the Hub Services, violates any law or regulation or infringes or otherwise violates any intellectual property or other proprietary right of any person or entity.

Unless otherwise agreed between you and FF in a separate employment agreement executed by the parties, you are not entitled to or eligible for any compensation or benefits with respect to your participation in the Hub Services. Your participation in the Hub Services is solely in your discretion. You are, and at all times shall be, an independent contractor, and nothing in this Terms of Use is intended or should be construed to create a partnership, joint or co-venture, franchise, agency or employer-employee relationship between FF and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving FF that is inconsistent with your being an independent contractor (and not an employee) of FF. You are not the agent of FF and you are not authorized, and must not represent to any third party that you are authorized to make any commitment, assume any obligation, undertake any liability or otherwise act on behalf of FF. This Terms of Use, and our relationship, is a commercial, arm’s-length relationship and does not create any special or fiduciary relationship. In your capacity as an independent contractor, you agree that you: (i) determine, in your sole discretion and judgement, the time, mode, manner, method and means used by you in your participation in the Hub Services; (ii) have the right to control how such participation is to be performed; (iii) may accept or choose not to participate in the Hub Services; and (iv) are free to accept work from persons, firms and other third parties other than FF.

If, notwithstanding the foregoing, you are reclassified as an employee of FF, or any affiliate of FF, by the U.S. Internal Revenue Service, the U.S. Department of Labor or any other federal, state/provincial/territorial or foreign agency as the result of any administrative or judicial proceeding, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any compensation or employee benefits under any plans or programs established or maintained by FF.

General Conditions.

1. We reserve the right to modify or terminate the Properties or your access to the Properties for any reason, without notice, at any time, and without liability to you. You can deactivate your account using your account’s settings. If your account is deactivated, all User Content and other data may no longer be accessible through your account.
2. Upon termination, unless subject to specific software or other Property licenses, all licenses and other rights granted to you in these Terms of Use will immediately cease.
3. We are not responsible if information made available on the Properties is not accurate, complete or current. The material on the Properties is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4. The Properties may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Properties at any time, but we have no obligation to update any information on the Properties. You agree that it is your responsibility to monitor changes to our site.  We reserve the right to refuse access to the Properties to anyone for any reason at any time.

Linked Sites and Third Party Websites.

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites (as defined in the Privacy Policy). Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such Linked Sites on our Properties does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.

Territorial Restrictions.

The information provided within or in connection with the Properties is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Properties or any portion of the Properties, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that FF provides.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use or any Content appearing on or through the Properties conflicts with the English version, the English version controls.

FF reserves the right to terminate your use of the HUB and its contents if you violate this agreement or any other legal requirements.

The HUB and all the content, information and software it includes are proprietary and incorporate intellectual property owned by FF. No rights whatsoever are granted to you therein or thereto, and any use, duplication, or modification thereof is strictly prohibited.

Disclaimer of Warranties.

THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE PROPERTIES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FF NOR ITS PARENT FF NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS, OR AFFILIATES, INCLUDING, WITHOUT LIMITATION, CLIENTS, PLANNERS, AND ADVISORS (COLLECTIVELY, THE “FF PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,  INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FF, CONTENT, OR VIA THE PROPERTIES. THE FF PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOREGOING WARRANTIES AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE FF PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROPERTIES, EVENTS, OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVER THAT MAKES THE PROPERTIES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FF PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PROPERTIES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PROPERTIES AND CONTENT IS AT YOUR SOLE RISK. THE FF PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FF PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROPERTY.

THE FF PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver.

UNDER NO CIRCUMSTANCES WILL THE FF PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PROPERTIES; (B) THE EVENTS; (C) ANY CONTENT (INCLUDING COMMUNICATIONS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PROPERTIES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FF PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PROPERTIES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ OPERATION; OR (H) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FF PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY). IN NO EVENT WILL THE FF PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE PROPERTY OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF FF OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT FF DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FF PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FF’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FF PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FF PARTIES.

BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

FF IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE FF PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Dispute Resolution.

Unless expressly noted in these Terms of Use, our specialists are ready to assist you and address your concerns via email at [email protected]. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek. Customer service inquiries are typically returned within 2 business days.

In the event that our customer service team is unable to resolve your concern, by using the Properties, you unconditionally agree that any and all Disputes (as defined below) between you and FF (whether or not such Dispute involves a third party) with regard to your relationship with FF, including without limitation Disputes related to these Terms of Use, your use of the Properties, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).  Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org.  If you initiate arbitration, you shall have the choice as between these two arbitration forums; if FF initiates arbitration, it shall have the choice as between these two arbitration forums. 

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

Class Action Waiver.

By using the Properties, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving FF or any other person.  You may bring claims only on your own behalf. You further agree that you, and anyone asserting a claim through you, will not participate in a class action, be a class representative, or otherwise participate in a class, representative, or consolidated proceeding against FF or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if FF is a party to the proceeding.

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.  Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Definition of Dispute.

Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and FF regarding any aspect of your relationship with FF, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Properties or otherwise, and includes the validity, enforceability or scope of these Terms of Use, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver. However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

How Will the Arbitration Work? 

Either you or FF may initiate arbitration proceedings.  The arbitration will be conducted before a single arbitrator.  The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. 

If you or FF initiate arbitration, you and we have a choice of doing so before JAMS or the AAA: 

• For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. 
• Which particular rules apply in AAA arbitration will depend on how much money is at issue.  For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, FF will pay all arbitrator’s costs and expenses.  If not, those costs will be paid as specified in the above-referenced rules.

Where Will the Arbitration Be Held?

The parties agree to bring the arbitration in California in the County of Los Angeles.  As set forth in “Governing Law & Venue” section below, the arbitrator will apply California law.

Time Limitation on Claims.

You agree that any claim you may have arising out of or related to your relationship with FF must be filed within 1 year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with FF.

Governing Law & Venue.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Properties) using or relating to the Properties, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the state of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Property, including all disputes, will be governed by the laws of the United States and by the laws of the State of California AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Any dispute arising out of or relating to the Properties, the HUB or its contents, your use of the Content, the Events, or these Terms of Use are governed by and shall be interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

Entire Agreement.

These Terms of Use constitute the entire agreement between you and FF concerning the HUB, its contents and your use thereof, and supersede any other agreement.

If you have questions or concerns regarding these policies, or any other aspect of the Site or your use of it, please contact us by e-mail at: [email protected].

Changes In Policies; Terms and Conditions

We may change these policies from time to time. If any such changes materially and adversely affect the use of your information, we will generally refer to such changes on the Site for a period of time, although our failure to do so will not affect the applicability of such changes. Accordingly, we recommend that you check back to review these policies from time to time, particularly if you have not visited the Site for some time. These policies are also subject to our Terms of Use, which are incorporated herein by reference, and we also recommend that you review those from time to time.