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Financial Smarty Terms of Use

Effective Date: March 7, 2024

These Terms of Use ("Terms") govern your access and use of this online personal finance education and content platform, including the website FinancialSmarty.com and any mobile applications (collectively, the "Platform"), operated by Financial Smarty.

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Platform.

2. Changes to Terms

Financial Smarty may modify these Terms at any time by posting the revised Terms on the Platform. You are responsible for regularly reviewing the Terms. Your continued use of the Platform after the revised Terms are posted constitutes your acceptance of the changes.

3. Eligibility

You must be at least 18 years old and a legal resident of the United States to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

You may need to create an account to access certain features of the Platform. You agree to provide accurate and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

5. User Content

a) User Content Generally:

You are solely responsible for any content you submit, post, or otherwise make available through the Platform ("User Content"). You represent and warrant that you own all rights to your User Content or have obtained all necessary licenses and permissions to grant us the rights described in these Terms.

b) License Grant:

By submitting User Content, you grant Financial Smarty a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content in connection with the Platform and Financial Smarty's business, including for promotional and marketing purposes.

c) Prohibited User Content:

You agree not to submit any User Content that:

  • is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable;
  • violates the privacy or intellectual property rights of others;
  • contains viruses, malware, or other harmful code;
  • is commercially unsolicited or constitutes spam;
  • impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.

d) Monitoring and Enforcement:

Financial Smarty has the right, but not the obligation, to monitor, remove, or edit any User Content for any reason. Financial Smarty is not responsible for the User Content submitted by you or any third party.

6. Intellectual Property Rights

The Platform and its content, including but not limited to text, graphics, logos, images, software, and trademarks, are owned by Financial Smarty or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use Financial Smarty's intellectual property without its prior written consent.

7. Prohibited Conduct

You agree not to:

  • use the Platform for any illegal or unauthorized purpose;
  • interfere with or disrupt the Platform or servers or networks connected to the Platform;
  • violate any requirements, procedures, policies, or regulations of networks connected to the Platform;
  • attempt to gain unauthorized access to the Platform, other user accounts, or any systems or networks connected to the Platform;
  • use any robot, spider, scraper, or other automated means to access the Platform or collect information from the Platform without Financial Smarty's prior written consent;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • use the Platform in any way that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform;
  • attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FINANCIAL SMARTY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINANCIAL SMARTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THE CONTENT ON THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, LEGAL, OR OTHER PROFESSIONAL ADVICE. FINANCIAL SMARTY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT ON THE PLATFORM.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINANCIAL SMARTY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF FINANCIAL SMARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Financial Smarty, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorney's fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

11. Termination

Financial Smarty may terminate your access to the Platform, without notice, for any reason, including but not limited to your violation of these Terms. Financial Smarty may also discontinue the Platform or any part of the Platform at any time without notice.

12. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.

Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be held in Florida. You waive any right to a jury trial in connection with any such dispute.

YOU AND FINANCIAL SMARTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Privacy

Financial Smarty is committed to protecting your privacy. Financial Smarty does not sell your personally identifiable information to third parties. Financial Smarty's Privacy Policy explains how it collects, uses, and discloses information in connection with the Platform. By using the Platform, you consent to Financial Smarty's Privacy Policy.

14. Entire Agreement

These Terms constitute the entire agreement between you and Financial Smarty regarding your use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

15. Waiver and Severability

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Financial Smarty

Email: [email protected]

Please note: This is a sample Terms of Use document for educational purposes only and may not be suitable for your specific situation. It is essential to consult with an attorney to obtain legal advice tailored to your specific circumstances.