Subscriber
desires to publish firm information on the World Wide Web utilizing the
services of Financial Strategies Online. (hereinafter FSO). FSO is willing
to deliver those services in the form of an annual subscription, subject
to the terms and conditions of this agreement.
In consideration of the foregoing and the mutual convenants contained
herein, the parties hereto agree as follows: By using FSO, you agree to
be bound by these Terms and Conditions. All references to the Publisher
(FSO) shall include the preparers and sponsors of this program, any subsidiary
or affiliated company and its and their employees, officers, directors,
members of the Advisory Board and other advisors.
EDITORIAL CONTENT: The Financial Guides, Frequently Asked Questions,
Planning Aids and other publications, services, recommendations and information
provided by the Publisher are designed to provide accurate and authoritative
information and the Publisher's views on financial issues. Subscriber's
use of the editorial content over any period of time will give it no rights
other than those rights granted by this license. FSO reserves the right
to add, delete or modify the editorial content as it deems necessary.
Subscriber will relinquish the license upon relinquishment of its subscription
to FSO.
OBLIGATIONS OF SUBSCRIBER: Subscriber Information shall be updated
by Subscriber at their sole discretion and updated electronically via
FSO's Web site. Subscriber will be solely responsible for all content
contained on customizable pages of their Website and agrees to hold FSO
harmless from any liability arising from Subscriber Information. FSO reserves
the right to refuse or discontinue the services for any Subscriber Information,
which does not comply with FSO's Standards (listed below). Subscriber
shall regularly monitor and maintain its Subscriber Information on its
Web site and FSO shall have no liability to Subcriber or any third party
in connection with any such alteration or destruction.
LINKING TO LICENSED CONTENT: Subscriber's use of the editorial
content over any period of time will give it no rights other than those
rights granted by this license. Subscriber will relinquish the easy-link
license upon termination of its subscription to FSO. All links to FSO
from domains registered by the Subscriber, must be deactivated within
five (5) business days after the relinquishment of its subscription to
FSO. If such links are not deactivated, the Subscriber will have breached
the terms of this agreement and appropriate legal action will be taken.
OBLIGATIONS OF PUBLISHER (FSO): FSO shall provide a Web site for
the Subscriber to facilitate the deliverance of the editorial content
as agreed upon. The Customer’s website (including all graphical content
and related HTML coding) is the property of FSO and the Subscriber has
no rights to the Web site beyond the terms of its subscription. FSO's
editorial content will be included in Subscriber's Web site, including,
but not limited to financial calculators, newsletter articles and default
language for customizable pages. Subscriber will be allowed to modify,
add or delete any text contained in their customizable pages of their
Web site. FSO will provide hosting for all sites, utilizing its directory
at www.GoFSO.com. FSO will provide secure logins for the Subscriber to
access the SiteBuilder Wizard to make additions/deletions to the Subscriber's
Web site. Subscriber agrees all design features and source code (HTML)
associated with the Web site, apart from the client name and Subscriber
information, are the property of FSO. Upon execution of this Agreement,
FSO shall deliver, in HTML format, Subscriber's Information onto the Subscriber's
Web site in accordance with FSO's development procedures. Subscriber shall
be solely responsible for all customizable content (Subscriber Information).
Although FSO shall use reasonable efforts to protect the Subscriber's
Web site from unauthorized access by third parties, Subscriber acknowledges
that, because of the nature of the World Wide Web (Internet), Subscriber
Information residing on its Web site cannot be protected from alteration
or destruction by third parties. Subscriber shall regularly monitor and
maintain its Subscriber Information on its Web site and FSO shall have
no liability to Subscriber or any third party in connection with any such
alteration or destruction. The Publisher is not engaged in rendering legal,
accounting or professional advice. If specific legal, accounting or other
expert assistance is required, the services of a competent professional
should be sought. The Publisher makes no representation that the recommendations
of the Publisher will achieve any result. To the maximum extent permitted
by any law, the Publisher shall not be liable for any loss—direct, indirect,
incidental or consequential—or other damages, whether based upon contract,
tort, breach of duty, product liability, fraud, mistake or otherwise with
respect to any publication or service,presently or hereafter offered by
the Publisher, and whether involving any act of commission or omission.
The foregoing notwithstanding, in the event the Publisher shall be found
liable to any user on any legal theory, its liability shall be limited
to the cost of any fees paid to Publisher by or on behalf of such user.
This limitation of damages is a fundamental element of the basis of the
bargain between the user and the Publisher, and without this limitation
the Publisher would be unable to provide its products and services. If
any provision hereof is invalid or unenforceable under applicable law,
the remaining provisions will continue in full force and effect. All rights
and obligations hereunder, including intellectual property rights, shall
be governed by the laws of the United States of America and the State
of Florida.
FINANCIAL TOOLS OWNERSHIP: FSO will grant Subscriber a license
to use the Financial Calculators contained on FSO's Website, in accordance
with the terms provided as part of the annual subscription. This license
is not exclusive to Subscriber and may not be assigned by it to any other
party. FSO will provide Financial Calculators for Subscriber to have available
on their Web site. These calculators are licensed by FSO from TimeValue
Software and are the licensed property of FSO. Subscriber's use of these
calculators over any period of time will give it no rights in the software
other than those rights granted by this license. FSO reserves the right
to add, delete or modify these calculators as it deems necessary. Subscriber
will relinquish the license upon relinquishment of its subscription to
FSO.
STANDARDS: FSO reserves the right to create the standards required
for use of its Web site subscription service. Any content deemed inappropriate
for professional Web sites may be removed from the Subscriber's Web site.
Notification will be given to Subscriber should such actions be required.
SUBSCRIBER INFORMATION: Subscriber Information includes, but is
not limited to, any information provided to FSO either through modifications
of content, additions of own content, or acceptance of provided content.
Therefore, Subscriber is responsible for all customizable content on the
site, whether added or modified.
PAYMENT TERMS: The fees and charges agreed upon by the creation
of the Subscriber's Web site via FSO's Web site shall apply to the first
year of the term of this Agreement. Thereafter, the fees and charges may
be increased or decreased by FSO prior to a renewal period, unless one
is already agreed upon between Subscriber and FSO. Bills are due and payable
by Subscriber upon presentation. Delinquent accounts are subject to deactivation
at any time. Subscriber agrees payment is nonrefundable after the initial
30-day trial period, except as provided in special promotions.
COPYRIGHT: The Financial Guides, Frequently Asked Questions, and
other editorial content contained in the Financial Strategies Online program
are protected by federal copyright law. Photocopying or reproducing them
in any form other than for personal use by you or your clients is strictly
prohibited.
|