FINMATEX™ Terms of Service
ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY SOFTAREX TECHNOLOGIES, INC., A VIRGINIA CORPORATION, D/B/A FINMATEX (“FINMATEX”) THROUGH THE WEBSITE LOCATED AT: WWW.FINMATEX.COM/ (THE “WEBSITE”) AND APPLICATION FOR VARIOUS MOBILE PLATFORMS (“APPLICATION”). THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH FINMATEX AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION. FINMATEX REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND/OR APPLICAION ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.
FOR PURPOSES OF THESE TERMS OF SERVICES, “YOU” MEAN AN ACCOUNT-HOLDER (A REGISTERED USER) OR A VISITOR (YOU SIMPLY CAME TO THE WEBSITE TO BROWS THROUGH OUT OFFERINGS).
Content; Acceptance of Terms of Service
FINMATEX makes the Website, Application and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, Application and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document.
FINMATEX provides Services based on a subscription fee (after a 30 day trial period) that is described in detail at HTTP://WWW.FINMATEX.COM/ may at its own discretion revise the subscription fee. If FINAMTEX revises the subscription fee we will provide you with notice after you login to your Account (please see the explanation about setting up and using the Account in the ACOUNT INFORMATION section), by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account.
By accessing and using the Website, Application and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website and/or Application.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, Application or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction conducted through the Website, Application or Services, then you should NOT use the part of the Website, Application or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future FINMATEX’s Service, Application or visit the Website or obtain any products or services, whether free of charge or for payment, provided by FINMATEX, you will be subject to the guidelines and conditions applicable to such products or services.
FINMATEX, from time to time, may make changes to these Terms of Services. Upon notice given by one or more of the following means: upon notice given to you after you login to your Account (please see the explanation about setting up and using the Account in the ACOUNT INFORMATION section), by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If your contact information associated with the Account is not up to date or inaccurate, we reserve the right to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you know about them. By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. You will be given the opportunity to opt-out, provided that if you choose to opt-out all or part of the Service may no longer be available to you.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website, Application and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
FINMATEX reserves the right to make changes or updates with respect to the Content, Services, Application and Website or the format thereof at any time without notice. FINMATEX also reserves the right to terminate or restrict your access to the Website, Application and Services or any portion thereof for any reason whatsoever at its sole discretion.
When providing your mobile phone number, you must provide accurate and complete number in order to access various FINMATEX’s Services.
The following rules govern the security of your Account:
- You shall not share the Account with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security of your Account, you must immediately notify FINMATEX via email at: [email protected];
- You are solely responsible for all uses of your Account, including “in-app” purchases, whether or not they authorized by you;
- You are solely responsible for any unauthorized use of your Account.
The following restrictions and conditions apply to the use of the Website, Application or Service and creating and maintaining your Account:
- You shall not create an Account or access the Website if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Website by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
- Unless otherwise agreed to by FINMATEX in writing, you cannot use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; and
- You shall not use your Account to engage in any illegal conduct.
You agree to use the Website, Application and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. FINMATEX IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, APPLICATION AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website, Application and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where FINMATEX is located or operates.
The Websites, Application and Services, as well as the content available within them is for informational purposes only. Neither the Websites, Application, Services nor the Content available within constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
Use of the Website, Application and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by FINMATEX or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Application or Services (or the servers and networks which are connected to the Website, Application or Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website, Application or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website, Application or Services any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Application Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, Application or Services or any affiliated or linked sites.
Additional Terms for Application: If you download the FINMATEX Application from any application store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each, an “Application Provider”), then you acknowledge and agree that:
- The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
- The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You must also comply with all applicable third party terms of service when using the Application.
- You agree to comply with all applicable laws and regulations.
Information and Materials Provided By You
When you provide User Submission via our Services, you hereby grant to FINMATEX a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Submission in connection with our Services. We will not pay you or otherwise compensate you for any User Submission you provide to FINMATEX.
You can remove User Submission that you posted by specifically deleting it. In certain instances, however, some User Submission (such as posts or comments you make) may not be completely removed on the Service and copies of your User Submission may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or unintentional failure to remove or delete) any User Submission on the Service.
Terms and Termination
The term of these Terms of Service (“Terms”) shall begin when you start using the Website, Application or Services and shall continue in perpetuity unless otherwise terminated by FINMATEX or you by a notice to the following email address: [email protected]. FINMATEX reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Website, Application and the Services including without limitation any use of FINMATEX’ trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE FINMATEX WEBSITE, APPLICATION OR SERVICES IN ANY WAY.
Links to Other Sites; Third Party Materials and Transactions
The Website, Application and Services may include services, applications or materials provided by third parties and that are not under FINMATEX’s control (collectively, “Third Party Materials”). FINMATEX shall not be responsible in any way for such Third Party Materials. FINMATEX provides Third Party Materials for the convenience of the users of the Website, Application and Services, and the inclusion of any Third Party Materials does not imply endorsement by FINMATEX of the content, products and/ or services of such Third Party Materials.
Third Party Materials may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third Party Materials except for the limited right to use the Websites as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Material and we make no representations or warranties with respect to them. The availability of any Third Party Material through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials.
Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content), including disclosure of your financial information and personal identifiable information.
You hereby consent and allow FINMATEX to receive and/or provide information from and/or to any third party authorized by you to share or receive information (including personal personally identifiable information) from FINMATEX that is necessary to provide Services to you. In particular, you specifically authorize for FINMATEX to receive from Envestnet | Yodlee®. Your relationship with the third party providers (e.g., Envestnet | Yodlee®) exclusively governed by your agreements with such data providers, and not by these Terms of Service, such as Yoldee’s privacy notice found at https://www.yodlee.com/legal/privacy-notice. In fact, you will be entering all information outside the FINMATEX’S portal. In fact, you will be entering all information outside the FINMATEX’S portal.
You acknowledge and agree that the Services provided through this Website and/or Application, among other things may enable you to obtain third party products and services (each a “Transaction”). You further acknowledge and agree that FINMATEX is not responsible for the quality or any other aspect of services of any third party or other user and shall not have any liability or responsibility to you or any other third person with regard to products or services obtained through FINMATEX’s Services. You acknowledge and agree that any dispute regarding the Transaction shall be between You and that third party or another user, and not against FINMATEX.
Copyright, trademark and all other proprietary rights in the Website, Application, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with FINMATEX and/or its licensors. Unless otherwise specifically provided herein or authorized by FINMATEX in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Application or Services, other than in conjunction with the Services offered by FINMATEX through the Website and/or Application.
FINMATEX hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Application are the properties of their respective owners. FINMATEX disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FINMATEX HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, APPLICATION, SERVICES OR THE CONTENT. FINMATEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FINMATEX DOES NOT WARRANT THAT THE APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATION OR WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FINMATEX ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by FINMATEX in writing, contractors, agents, dealers or distributors of FINMATEX or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, APPLICATION OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FINMATEX ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE, APPLICATION OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE AND/OR APPLICATION. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINMATEX OR FROM THE WEBSITE AND/OR APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
IN NO EVENT SHALL FINMATEX OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, APPLICATION OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, APPLICATION OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION THAT ARE DELAYED OR INTERRUPTED, EVEN IF FINMATEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FINMATEX PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION AND SERVICES MUST BE COMMENCED AND NOTIFIED TO FINMATEX IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
Services, Application and Website shall not to be construed as a solicitation or recommendation. Content and Services have been prepared by FINMATEX for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and FINMATEX is not soliciting any action based upon it. This Content is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Although this material is based upon information that FINMATEX considers reliable and endeavors to keep current, FINMATEX has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
No determination of suitability has been made; not all risks are disclosed; private advisors and licensed professionals should be consulted before entering into a contemplated transactions.
The fact that FINMATEX has made the Content and Services available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described herein is suitable or appropriate for you. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
Your personal financial situation is unique and any information and recommendations received using the Services, the Website or in the Application may not be suitable for your situation.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO FINMATEX IN CONNECTION WITH THE WEBSITE, APPLICATION AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FINMATEX; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND/OR SERVICES AND THAT IS NOT PROVIDED BY FINMATEX DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Notice and Procedure for Making Claims of Copyright Infringement
It is FINMATEX policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FINMATEX Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying FINMATEX and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website, Application or Service;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
FINMATEX Copyright Agent for notice of claims of copyright infringement on the Website, Application and/or Service can be reached as follows:
Leo V. Gureff
MUNCY, GEISSLER, OLDS & LOWE, P.C
4000 Legato Road, Suite 310 | Fairfax, VA 22033
Email: [email protected]
Unlawful or Prohibited Use
You may not use the Website, Application or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, Application or Services. You may not use the Website, Application or Services in any manner that could damage, disable, overburden, or impair the Website, Application or Services, or that interferes with any third party’s use and enjoyment of the Website, Application or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, Application or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FINMATEX to all users of the Website, Application or Services. You shall not institute, assist, or become involved in an attack upon any FINMATEX server or otherwise attempt to disrupt the FINMATEX servers. ANY ATTEMPT BY YOU TO DAMAGE FINMATEX’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF FINMATEX IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FINMATEX RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless FINMATEX, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Ending Your Relationship with FINMATEX
These Terms of Service will continue to apply until terminated by either you or FINMATEX or as otherwise provided by the applicable agreement between you and FINMATEX. FINMATEX reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to FINMATEX whatsoever.
Upon termination of these Terms of Services, and provision of Services by FINMATEX, FINMATEX will not refund any paid monthly services fee.
You are solely responsible for cancelling your User Account, which you may do by emailing FINMATEX at: [email protected].
FINMATEX may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without FINMATEX’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If the Website, Application and/or Services are not available for any period or any time, FINMATEX shall not be liable. FINMATEX gives no warranties as to the accessibility, performance, or availability of the Website, Application or Services. Temporary suspension of access to the Website, Application and/or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. FINMATEX reserves the right to suspend the operation of the Website, Application or Services. You agree that neither FINMATEX nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services and products on the Website and/or Application.
FINMATEX will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FINMATEX.
Agreement to Deal Electronically
All transactions with or through the Website, Application or Services may, at FINMATEX’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, Application or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause FINMATEX immediate and irreparable harm and damages. As a result, FINMATEX has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to FINMATEX in law or in equity, FINMATEX may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of New York without reference to conflicts of law rules and principles. You agree that these Terms of Service are to be performed in the State of New York and that any action, dispute, controversy, or claim that may be instituted based on these Terms of Service, or arising out of or related to these Terms of Service or any alleged breach thereof, shall be prosecuted exclusively in the courts of the State of New York and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that FINMATEX, as claimant, shall be entitled to initiate proceedings in any court of competent jurisdiction.
Any proceedings to resolve or litigate any dispute in any forum in connection with these Terms of Service shall be conducted solely on an individual basis. Neither you nor FINMATEX shall seek to have any dispute or controversy in connection with these Terms of Service heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no proceeding shall be combined with another proceeding without the prior written consent of the other party.
No action, regardless of form, arising out of the transactions under these Terms of Service, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
FINMATEX does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites and/or Application breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2021 Softarex Technologies, Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of Softarex Technologies Inc. and protected by copyright laws and international intellectual property treaties. FINMATEX and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Softarex Technologies, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of Softarex Technologies, Inc.’s or third party trademarks or logos without the prior written consent of Softarex Technologies, Inc. or the applicable trademark owner is strictly prohibited.