Terms of Service Agreement
The Fin.Link website and services are provided by Succession Link, LLC, a Delaware limited liability company DBA Fin.Link (“Fin.Link”, “we,” “us,” or “our”). These Terms of Service (the “Terms of Service”) govern your access to and use of the fin.link website (the “Website”) and all services provided via the Website, including without limitation access to our marketplace of professionals (the “Services”). The term “you” or “your” refers to any person or entity who views, uses, accesses, browses, or submits any content or material to the Website. Access to the Website and purchase and use of the Services are subject to these Terms of Service and the Privacy Policy available on the Website.
Acceptance of Terms
These Terms of Service apply to all Website visitors and users of the Website or Services. By visiting or using the Website, you agree to be bound by these Terms of Service. If you don’t agree with any term or condition in these Terms of Service, please do not use the Website or any Service.
Minors
The Services are available only to individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use the Services only in conjunction with and under the supervision of a parent or legal guardian. In such cases, the adult is considered the user and is responsible for any and all activities, subscribers, and purchases. If you are a parent or guardian permitting a minor to use the Services, you agree to be responsible for the minor’s use of the Services, including all financial charges and legal liabilities that they may incur.
Eligibility for Use
We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service comply with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent that offering, sale, or provision of the Services conflicts with any applicable law. The Services are offered only for your use, and not for the use or benefit of any third party.
Website Content
You have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions, or specifications of services or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, so long as the Content is used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose without prior written consent. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written consent or the consent of such third party that may own the trademark or copyright of material displayed on this Website.
Registration and Membership
To begin your membership, you must register as a member on our Website. To register, you can simply provide the information required in our registration forms. All information that you provide is subject to the Privacy Policy. Your membership may include certain information concerning you and your business that will be displayed in public listings on our Website and viewable by users. While your listing will not show your name, practice name, or contact information (unless consented to by you), users of the Website may identify you based on the information provided. You agree that Fin.Link shall not be liable for any damages caused by the information you provide for your listing. You are solely responsible for keeping your registration and membership information up to date.
Membership Terms
As a member of the Services, you will receive access to the marketplace of professionals based on your membership plan. Different membership plans offer varying levels of access. The membership terms are described in these Terms of Service and on the membership and checkout pages of the Website. See our membership plan page for current membership options and prices.
Automatic Renewal; Membership Cancellation Policy
Your membership will automatically renew for successive one (1) year periods at the then-current rate unless you cancel prior to your anniversary date. You will receive a reminder email before your renewal date, which will provide details about your membership and how to cancel if desired. To cancel, you must email your request to [email protected]. All cancellation requests received after the anniversary date will apply to the following membership period. No prorated refund will be given for the current membership period. We reserve the right to terminate your membership without notice for any reason. Memberships are for single users; sharing a membership will result in immediate termination.
Billing and Payments
All payment information you provide is subject to the Privacy Policy. If you have a membership to the Services, your credit card will be charged annually by a third-party payment service. If your payment method expires, you authorize us to continue billing until notified of an update or cancellation. We are not responsible for any fees your bank or credit card provider may charge. You are encouraged to keep your payment information up to date. We use third-party payment services for processing payments. By submitting your credit card information, you grant Fin.Link the right to store and process your information with these services. Fin.Link will not be responsible for any failures by third-party services to protect such information. Financial matters regarding your payment information are subject to the terms of service of the third-party payment provider.
Refund Policy
Fin.Link does not generally provide refunds. However, refunds may be requested by submitting a request to [email protected]. Refunds are considered on a case-by-case basis and may take into account the number of days the Services were used and your membership activity. Full or partial refunds may be issued based on these criteria at the sole discretion of Fin.Link.
General Disclaimers
You assume all responsibility and risk with respect to your use of the Website. The Website, Services, and all Content are provided “as is” without any warranties. Fin.Link does not warrant that the information on this Website is correct, the functions will be uninterrupted, or that the Website is free from viruses. Specific warranty limitations and disclaimers apply as outlined in this section.
Limitation of Liability
IN NO EVENT SHALL FIN.LINK OR ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE FIN.LINK’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR THE SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO FIN.LINK IN THE THEN-PRIOR CALENDAR YEAR.
Professional Advice Disclaimer: Any information we provide to you is for informational purposes only. Use of the Website or the Services is not meant to serve as a substitute for legal or tax advice. When appropriate, you should seek independent professional advice.
Indemnification
By using this Website or the Services, you agree to indemnify, hold harmless and defend Fin.Link and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) use of this Website or the Services by you or any other person accessing the Website using your member login account, (ii) your violation of any term of these Terms of Services; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Fin.Link and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content on the Website and our social media pages. This license shall remain in effect until we delete the Content from our systems.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Fin.Link
350 Lincoln Ave, 2nd Floor
Miami Beach, FL 33139
[email protected]
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Security
When you register to use the Services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
No Implied Endorsements
Unless specified otherwise, any reference to any third party or third party product or service shall not be construed as an approval or endorsement by Fin.Link of that third party or of any product or service provided by that third party. Likewise, a link to any third party website or third party advertisement does not imply that we endorse or accept any responsibility for the content or use of such website. Fin.Link does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion medium accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
Conduct on Website
Your use of this Website is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through this Website. You shall not, and shall not permit any third party to, take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on this Website, that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
Jurisdictional Issues
These Terms of Service are governed by the laws of the State of Delaware. Disputes will be submitted to confidential arbitration in Wilmington, Delaware, as outlined in the arbitration clause. You agree to waive the right to trial by jury and any participation in class actions.
Termination
We may terminate any user's membership or access to our Website or the Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or the Services.
Disputes
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware. Any dispute relating in any way to your visit to, or use of, the Website or to the Services you use or purchase through the Website (including a membership), or to your relationship to Fin.Link shall be submitted to confidential arbitration in Delaware; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Delaware. Arbitration under these Terms of Service will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined to an arbitration involving any other party subject to this Terms of Service, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.
YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIMS BROUGHT BY YOU AGAINST FIN.LINK MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Fin.Link agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Severability
If any provision of these Terms of Service is held unlawful, the remaining provisions remain valid and enforceable.
Entire Terms of Service
These Terms of Service constitute the entire agreement between you and Fin.Link. Any changes to the Terms of Service will be posted on the Website. Material changes will be communicated via email or a notice on the Website.
Modifications to Terms of Service
Fin.Link may update these Terms of Service at any time. It is your responsibility to review these Terms periodically for revisions. Your continued use of the Website and Services after changes are made constitutes acceptance of those changes. For further inquiries or to provide notice, please contact us at [email protected]
