Effective as of November 1, 2015
IMPORTANT NOTICE: This is a legal agreement between you ("YOU") and John Simon Financial ("WE" or "John Simon Financial"). You should read carefully the following terms and conditions as they govern your access to and use of this website and other John Simon Financial services (collectively, the "WEBSITE"). John Simon Financial is willing to license the use of the WEBSITE to you only on the condition that you accept and agree to all terms and conditions contained herein.
This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
The foregoing license is limited. You may not:
You acknowledge and agree that exceeding the scope of the license shall be a material breach of this Agreement and subject to termination provisions set forth herein.
Subject to John Simon Financial's right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, you agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of the Website (collectively, "Material") unless otherwise indicated, are owned, controlled, and licensed by John Simon Financial or its licensors.
Any rights granted hereby are expressly licensed. John Simon Financial does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to you or anyone else.
John Simon Financial and all other names, logos, and icons identifying John Simon Financial and its products and services are proprietary trademarks of John Simon Financial (or its affiliates), and any use of such marks without the express written permission of John Simon Financial is strictly prohibited.
John Simon Financial may provide links, in its sole discretion, to other sites from which you can purchase goods or services from third party merchants. John Simon Financial is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by John Simon Financial and are maintained by third parties over which John Simon Financial exercises no control. Accordingly, John Simon Financial expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.
John Simon Financial distributes third party product information and product promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. All featured offers and promotions are subject to change without notice and John Simon Financial does not exercise any control over the ability of any merchant to complete the sale in accordance with such offers and promotions.
The Website may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them (collectively, "Mobile Services"). Although John Simon Financial does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply. By using the Mobile Services, you agree that John Simon Financial may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to John Simon Financial. In the event you change or deactivate your mobile telephone number, you agree promptly to update your account information.
John Simon Financial welcomes your feedback and suggestions. By transmitting any feedback or suggestions to John Simon Financial, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party. In addition, any feedback received by John Simon Financial will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for John Simon Financial to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display worldwide.
You represent and warrant to John Simon Financial that:
THE WEBSITE AND MATERIALS ARE PROVIDED "AS-IS." John Simon Financial DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE, PROGRAMS, SERVICES OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. John Simon Financial ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE WEBSITE, THE MATERIALS AND ANY ASSOCIATED INFORMATION ARE PROVIDED AS IS AND AS AVAILABLE, AND John Simon Financial HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL John Simon Financial, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY WAY WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY John Simon Financial, EVEN IF John Simon Financial HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES.
YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. YOU AGREE THAT YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PRODUCTS, WEBSITES AND/OR SERVICES IS TO STOP USING THE PRODUCTS, WEBSITES AND SERVICES.
TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT John Simon Financial'S LIABILITY TO YOU IN CONNECTION WITH ANY LEGAL CLAIM IS LIMITED. THE MAXIMUM LIABILITY OF John Simon Financial TO YOU IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT IS A REFUND OF FEES PAID BY YOU FOR THE SERVICES YOU SELECTED.
Each party to this Agreement agrees that any dispute related to the Services or this Agreement shall be submitted to binding arbitration. The arbitration shall be conducted by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitrator shall issue a reasoned award with findings of fact and conclusions of law. You waive any right to a trial by jury, and agree that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action. Each party agrees not to bring a claim related to the Services or this Agreement more than six months after the time that the claim accrued.
ANY TIME THERE IS USE OF TECHNOLOGY FOR DATA AND INFORMATIONAL PURPOSES YOU UNDERSTAND THAT ASSOCIATED THEREIN INHERENTLY IS A RISK OF SECURITY AND/OR DATA BREACH. WHILE John Simon Financial REASSURES YOU THAT ALL POSSIBLE PRECAUTIONS TO PROTECT YOUR PERSONAL DATA ARE TAKEN, John Simon Financial CANNOT GUARANTEE THAT DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. John Simon Financial CANNOT GUARANTEE THE SECURITY OF THE PORTAL OR THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA.
John Simon Financial may provide you with notices by e-mail, regular mail or postings on any of our public facing websites. Notice shall be deemed given twenty-four hours after we send you an email. Alternatively, John Simon Financial may provide you legal notice by mail to a valid postal address, in which case notice will be deemed given three (3) calendar days after the date of mailing.
John Simon Financial reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law). Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. You shall not disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by John Simon Financial for use of or with the Website.
We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.
John Simon Financial reserves the right at any time and on reasonable grounds to terminate this Agreement with you (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You may also terminate at any time by ceasing to use the Website. Any licenses from John Simon Financial and any right to use the Website shall immediately cease upon termination of this Agreement.
The relationship between you and John Simon Financial is and shall be that of independent contractors. You may not assign or otherwise transfer this Agreement without John Simon Financial's prior written consent. This Agreement and John Simon Financial's Privacy Policy represent the entire agreement between you and John Simon Financial with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals.
John Simon Financial reserves the right to change the terms and conditions of this Agreement by providing you a copy of such revised terms. Your continued use of the Website following any such change will be deemed acceptance.
Email: cs@johnsimonfinancial.com
Phone: 866-697-2194
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