FINANSAVVY.COM USER AGREEMENT

1. INTRODUCTION.

The following terms and conditions ("Agreement") govern the use of the www.FinanSavvy.com web site and all of its sub-domains including app.finansavvy.com ("Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement.

Sightful Software reserves the right to revise this Agreement 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. You should regularly check the site for the most current version of these documents.

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.

2. DEFINITIONS.

As used in this Agreement:

A. USER means an individual or business that has Registered to access the Service.

B. REGISTRATION means the process of registering to access or use the Service. You are REGISTERED when you create a User account by providing information as prompted on the Site or by using Google or Facebook.

C. REGISTRATION INFORMATION means the information, including user name and password, required of a User to complete the Registration process.

D. SERVICE means the services, features, and content available to Users on the SITE (app.finansavvy.com).

E. PAID SERVICE means any aspect of the Service that requires payment of a fee.

F. SUBSCRIBER means a User who Registers for, accesses, or uses a Paid Service.

G. SITE CONTENT means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Data.

3. NOT A FINANCIAL PLANNER, INVESTMENT ADVISER, BROKER OR TAX ADVISER

NEITHER SIGHTFUL SOFTWARE NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SIGHTFUL SOFTWARE IS NOT A FINANCIAL PLANNER, INVESTMENT ADVISER, BROKER OR TAX ADVISER. The Service is provided for educational purposes and to assist you in your financial organization and decision-making and is broad in scope.

By accessing or using the Service you acknowledge that no information provided by the Service is intended to be used or will be used to value any security or advise on the investment in securities.  You agree that the Service will be used to create hypothetical illustrations of mathematical principles that do not predict or project the performance of an investment or investment strategy but rather illustrate the implications of performance assumptions provided by the User.

4. ELIGIBILITY TO USE THE SERVICE.

By Registering for the Service 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.

5. ACCOUNT REQUIREMENTS.

If you Register as a User, you agree to provide accurate, current, and complete Registration Information as prompted by the Service's Registration processes. You agree to promptly update the Registration Information and any other information you provide to Sightful Software to keep it accurate, current, and complete.  You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service.

6. PASSWORD, AND SECURITY.

Upon Registration, you will provide a valid email address to be used as your user name and for contact purposes. You will also select a password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify Sightful Software immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised. 

7. SITE CONTENT

All Site Content is proprietary to Sightful Software, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site.

Sightful Software grants you the right to view and use the Service subject to these terms.  Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

8. ACCESS AND INTERFERENCE

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without Sightful Software's express written consent, which may be withheld in Sightful Software''s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome or Firefox);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.

9. THIRD PARTY SITES.

The Site may contain links to websites provided or operated by parties other than Sightful Software. When you visit any such websites, you do so at your own risk.

10. SERVICE ACCESS AND SPEED.

Sightful Software does not guarantee Service availability or other performance.

If your Internet service provider terminates your service, your access to the Service may be limited or denied. Sightful Software 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 Service or the Site.

11. MONITORING THE SERVICE.

Sightful Software has no obligation to monitor the Service. However, Sightful Software may do so and disclose information regarding use of the Service for any reason, as long as Sightful Software believes, in its sole discretion, that it is reasonable to do so.

12. PAID SERVICES.

Sightful Software offers paid Subscribers access to a premium version of its product with additional features, in the form of time limited Sessions or an automatically renewing annual subscription. If a User is in an active Session and opts to purchase an Annual Subscription, the session is replaced with the Subscription immediately and no credit is granted for remaining time on the Session.

Any Paid Service must be pre-paid. PAYMENT FOR PAID SERVICE WHETHER USED OR UNUSED IS NON REFUNDABLE.

We will automatically charge you every billing cycle for an automatically renewing Subscription unless you cancel the service. YOUR CREDIT OR DEBIT CARD OR OTHER BILLING METHOD PROVIDED WILL BE CHARGED, unless you cancel your subscription before the end of the term. By continuing to Subscribe to Paid Service, you re-affirm that Sightful Software is authorized to collect applicable fees via the billing method provided. Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees.

Sightful Software is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by Sightful Software.

Changes in Fees or Billing Methods.

Sightful Software reserves the right to change its fees or billing methods at any time. Sightful Software will post any such changes in a visible location within the Service. Sightful Software also has the right to collect applicable taxes.

13. TERMINATION AND CANCELLATION.

Either you or Sightful Software may terminate or cancel your account at any time. Upon termination or cancellation all user content and data may be permanently deleted from the site. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Sightful Software. All provisions of this Agreement that by their nature are intended to survive termination, including Sections 13 through 19, will remain in force and continue to be binding on you if your account is terminated or cancelled for any reason.

You may cancel your account only through the Account Management section of the Service accessible to you when logged into the Site. For your protection, Sightful Software will not accept cancellation by e-mail, voice mail, or regular mail. Cancellation will be effective immediately.

14. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.

Except as expressly provided in this agreement, SIGHTFUL SOFTWARE MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, including warranties of title, non-infringement, merchantability and fitness for a particular purpose, regarding any merchandise, information, or Service provided through Sightful software or the internet generally. No statements made, or advice or information given, by Sightful software will create a warranty.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The Service is provided on an as is and as available basis. Sightful software does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

Sightful software, its employees, and agents are not liable for any costs or damages arising directly or indirectly from your use of the Service or the internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. Sightful software's cumulative liability to you for all claims relating to use of the Service will not exceed the total amount you have paid for the Service.

Sightful software will have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from:  other users accessing your computer; security breaches; eavesdropping; denial of Service attacks; interception of traffic sent or received using the Service; your reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Service; the use of the Service by you or a third party that infringes the copyright, patent, trademark, trade secret, confidentiality, privacy or other industrial or intellectual property rights, proprietary rights or contractual rights of Sightful software or any third party; the accuracy, completeness and usefulness of all Services, products, and other information; or the quality and merchantability of all merchandise provided through the Service or the internet.

To the fullest extent allowed by applicable law, the foregoing limitations apply to the acts and omissions (including negligence and gross negligence) of Sightful software and its officers, employees, agents, contractors or representatives that, but for this provision, would give rise to a cause of action against Sightful software in contract, in tort, or under any other legal doctrine. Your exclusive remedies under this agreement are as expressly set out in this agreement. Sightful software would not be able to provide the Service to you without such limitations. Any warranty under this agreement gives you specific legal rights. You may also have other rights, which vary by jurisdiction.

15. JURISDICTION; LIMITATION OF ACTIONS.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its rules respecting the conflicts of laws.

This contract is deemed made and is fully performable in Travis County, Texas. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.

You agree that, regardless of any statute of limitations or other law to the contrary, any claim or cause of action arising out of or related to this User Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises, or be forever barred. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

16. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Sightful Software and its subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet. Sightful Software reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for Sightful Software in that matter. In no event will you compromise, settle, or resolve any claim against Sightful Software without its prior written consent.

17. Trademark and Copyright Legal Notices.

Sightful Software, FinanSavvy.com, and the FinanSavvy.com logo are trademarks or registered trademarks of Sightful Software, inc. By placing them on this website, Sightful Software, Inc. does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.

18. SEVERABILITY.

The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions, and each provision will be enforced to the fullest extent allowed by applicable law.

19. No Third-Party Beneficiaries.

This Agreement is made for the exclusive benefit of, and is binding upon, Sightful Software and the User, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.

20. ENTIRE AGREEMENT.

This Agreement constitutes your entire agreement with Sightful Software and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site.

Revised: April 6, 2016.

FinanSavvy and FinanSavvy.com are Trademarks of Sightful Software, Inc. Copyright 2017
Sightful Software, Inc. is neither a registered investment advisor nor a broker dealer. The Service is provided for educational purposes.

Terms of Service