These terms of use (“Terms of Use”) govern your use of this website (the “Site”). The Terms of Use are a legally binding agreement between you and GoodFin, Inc., along with its subsidiaries and affiliates (collectively, “GoodFin”). By using this Site or registering with our products or services as set forth below, you acknowledge and agree that you have read, understand, and accept, and agree to be bound by, these Terms of Use. Please read them carefully. If you do not wish to be bound by these Terms of Use, you should not access or use the Site.
We may change the Terms of Use from time to time without notice to you. We recommend that you review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Eligibility
This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of the Terms of Use. By using this Site, you represent you are 18 years of age or older.
Permissible Use
You agree to abide by all applicable laws and regulations in your use of the Site and the products and services available through our Site. In addition, you specifically agree that:
- Any commercial use of this website or its content is prohibited without our consent.
- You will not submit content that is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.
- You will not impersonate any person or entity, falsely state, or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.
- You will not use the Site, and our products and services, in any manner that could damage, disable, overburden, or impair the Site, including making available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
The information contained and services offered on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules, or regulations of any governmental authority, regulatory or self-regulatory organization, or clearing organization, or where GoodFin is not authorized to provide such information or services. Some products and services described on the Site may not be available in all jurisdictions or to all potential users.
If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration, remove any content or information that you may have posted on or through the Site and/or prohibit you from using or accessing our products and services or the Site.
General Content
This Site may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may temporarily or permanently discontinue or make changes to the information, products, licenses, or services described on this Site at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services on this Site, no solicitation is made by us to any person to use such information, products, or services where prohibited by law.
Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant at all times the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Site.
This Site’s content, including but not limited to all videos, graphics, music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this Site’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. You agree that the Site and all logos related to our products and services are our trademarks and registered trademarks. You may not copy, imitate, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. All right, title, and interest in and to the Site, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.
This Site may contain links to third-party websites which we do not own or control. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
Registration and Accounts
Some products or services offered by GoodFin may require that you register an account on the Site. You must provide complete and accurate information during registration and update your information should it change in the future. When you register, or apply for or otherwise engage with our products or services, you agree to provide current, complete, and accurate information. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, and/or terminate any agreement we have with you.
You must maintain the confidentiality of your assigned username and password. You agree to immediately notify us at support@goodfin.com of any unauthorized use of your username or password or any other breach of security. If your password is lost or stolen, it is your responsibility to change the password and immediately notify us so that your account remains secure and functional. If you fail to notify us, you may be liable for all unauthorized activity on your account.
Contacts
You agree that we and any of our affiliates, agents, service providers, or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to our products and services, or surveys or research (each a "Communication"). You agree that we and any of our affiliates, agents, service providers, or assignees may call or text you at any telephone number associated with your account, including cellular telephone numbers, and may send an e-mail to any email address associated with your account. If you choose to update your contact information with us, including cellular telephone numbers, we may use it for Communication. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.
Privacy and Collection of Information
GoodFin collects information about you through your use of the Site. By using the Site, you agree that we may retain, use, and publish information collected through your use of the Site in accordance with the GoodFin Privacy Policy.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.
WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH IT.
WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC OUTCOMES OR RESULTS FROM USE OF THE SITE AND/OR OUR PRODUCTS OR SERVICES. ANY CALCULATORS AND TOOLS ON THE SITE THAT MAY PROVIDE YOU WITH ESTIMATES OR EXAMPLES MAY BE DIFFERENT FROM ACTUAL TERMS AND AMOUNTS.
Indemnification
You and any business or third party subject to these Terms of Use through your use shall indemnify, defend, and hold harmless GoodFin and its officers, agents, and employees from and against any claims, demands, or causes of action (a) alleging infringement of any third party intellectual property rights based on or resulting from your (i) use of the Site, (ii) use of any other software or hardware that is used in conjunction with the Site, (iii) breach of any provision of this Terms of Use; (b) based on the unauthorized use of the Site by you; or (c) based on or resulting from a breach of any provision of this Terms of Use by you.
Governing Law and Disputes
These Terms of Use will be governed by the laws of the United States and the state of New York without giving effect to any conflict of laws to the contrary. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS OF USE OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF-HOSTED SERVICES THAT ARE THE SUBJECT OF THE TERMS OF USE.
Any and all disputes arising under this Terms of Use shall only be resolved by courts located in the State of California, and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use.
In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Miscellaneous
No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.
If any terms in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.
The parties agree that the Terms of Use states the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations of the parties, oral or written. The Terms of Use shall be binding upon and inure to the benefit of the parties' authorized successors, legal representatives, and authorized assigns.
