Last Updated: 10/3/2022
1. Using Our Websites.
You assume all responsibility for your use of, and access to, the Services. By registering for the services, Members and our enterprise customers will create an account (“Accounts”). Any multiple-party use, other than individual use on behalf of an enterprise customer for an Account is prohibited. For example, sharing a login between non-entity individual Member users is prohibited.
If you accept this Agreement, you represent that you can be bound by it, or if you are acting on behalf of a company or entity you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
If you are a minor, please understand that this website is intended only for use by users who are at least 18 years of age.
4. License To Use The Service
Subject to the terms and conditions herein, FiPath grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or FiPath authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your Account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of FiPath. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and FiPath.
Furthermore, without the prior written approval of FiPath, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by FiPath are licensed, not sold.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your FiPath Account, prohibition on use of the Services, and further legal action. FiPath reserves the right to limit your use of or access to the Services, in its sole discretion to maintain the performance and availability of the Services and to enforce these Terms of Service.
FiPath is not liable for the loss, corruption, alteration, or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold FiPath harmless for any such loss, alteration, corruption, or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. Member Registration, Profiles, Screen Names, Passwords, and Security.
The features and functionality available for your use on the website are dependent upon the plan subscription you select. In addition, you are accepting our invitation to receive periodic communications such as our newsletter, selected promotions, and other information to enhance the value we provide to you. We promise not to inundate you with such information and at any time you would like us to discontinue sending you a communication simply follow the “Unsubscribe” instructions on the email.
We do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public network or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.
6. Materials Posted on Our Websites
We do not endorse, control, or assume any responsibility, or liability for any content or materials you or others submit, post, or share on or through our websites, including any screen names, photos, graphics, ideas, images, creative works, and text.
Unless otherwise agreed in writing your participating and interacting with our websites, posting a message, or sending us your thoughts, you are telling us that we can use or publish your screen name or repeat and use your message. We can use such information in any way we want, anywhere, even in an advertisement.
Unless otherwise agreed in writing, the posting, sharing, or otherwise providing any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license to:
a. use, modify, copy, distribute, and publicly perform and display any such materials and content, with or without attribution of your screen name, in whole or in part, throughout the universe in any media, now known or hereinafter devised, alone, or together as part of other material of any kind or nature, including without limitation, for commercial use, advertising, and promotional purposes;
b. publish your screen name with such materials; and
c. give or transfer these rights to others.
You also represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third party or breach any law, including if such materials contain the name, voice, likeness or image of any individual.
We retain the right, but not the obligation, to monitor the content and materials posted on our websites. We may, at our sole discretion, remove any materials and content that you or others post, share, or otherwise provide to our websites at any time without notice.
We reserve the right to limit contact uploads in the ramp-up period to ensure valid email addresses and preserve our server(s) reputation for all users. We also reserve the right to continue to monitor Accounts to monitor any misuse or abuse of the Websites.
7. Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to the ideas that you submitted to us.
If you choose to send us your ideas anyway, through our websites or otherwise, you agree that:
a.your ideas automatically become our property, without any compensation to you;
b. we can commercialize these ideas and use them for any purpose and in any way, and
c. we can give and transfer these ideas to others.
You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.
8. Prohibited Uses.
You may not reverse engineer, disassemble, decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through our websites (including, without limitation, data packets transmitted to and from our websites), or analyze, decipher, “sniff”, derive code or materials from any packet stream to or from our websites, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
Further, in using our websites, you may not:
b. conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
c. post, email, message, or otherwise make available through the website, any content that
i. incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
ii. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason,
iii. is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs, or
iv. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
d. disguise the origin of any message, communication, or transmittal you send to us through our websites;
e. use any robot, spider, scraper, or other automated or manual means to access our websites, or copy any content or information on our websites;
f. attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
g. probe, scan, and test the vulnerability of or breach the authentication measures of, our websites or any related networks or systems;
h. modify or reroute or attempt to reroute our websites;
i. link to our websites from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
j. utilize framing, squeeze back, overlay, or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party; or
k. take any action that places a disproportionately large load on our websites or any related networks or systems.
a. Only registered members (the “Members”) are authorized to use the information and resources on the website. All subscriptions are individual memberships or based upon the number of individual users regardless of whether or not such memberships were obtained under the Enterprise Plan.
b. User Obligations- Registered Members may not resell, assign, or transfer a subscription, use of service, or any content. Member agrees to pay all subscription fees and will be held responsible for any unauthorized use of a Member’s Account of which the Member is aware. Further, the Member is responsible for taking reasonable measures to prevent access by unauthorized persons, including providing reasonable protection of its username and password.
c. Integration Fees – We may make it possible for you to elect to use a third-party service with the Service where such third party has integrated with the Service (“Third Party Integration Partners”). We are not responsible for the delivery of any product or service offered by Third Party Integration partners. To receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to turn on the service. Any Third Party Integration Partner services are subject to the terms and conditions of those websites or services and you are responsible for determining those terms and conditions and complying with them.
10. No Refunds
We do not provide any refunds. In the event you cancel a paid service or subscription, you will not receive any refund or credits for any unused time on a subscription, or fees for any portion of the Service or anything else.
11. Electronic Notices and Communications.
By visiting our websites or sending us an email, you are communicating with us electronically. By communicating with us electronically, you agree that:
a. we may communicate with you electronically by email, SMS, and text messaging, or as appropriate, by posting general notices on our websites;
b. all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
c. any notices are deemed to be given and received on the date we transmit any electronic communication as described above. We use various third-party communication platforms, including SMS and text messages.
Message and data rates may apply to each text message sent or received in connection with text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
You can opt out of receiving electronic messages at any time.
Our websites may contain:
a. references to names, marks, data, content, products, or services of third parties;
b. links to third-party websites; and
c. descriptions of services and products provided by third parties.
WE SHALL NOT BE RESPONSIBLE NOR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THIRD-PARTY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OUR OR ANY OTHER WEBSITES.
13. No Warranties.
We make no guarantee about the accuracy or reliability of the content, materials, features, and services.
WE DO NOT WARRANT THAT OUR WEBSITES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT, MATERIALS, FEATURES, AND SERVICES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY BROKER, TAX ADVISOR, FINANCIAL PLANNER, ATTORNEY, FINANCIAL ADVISOR, OR OTHER PROFESSIONAL, WHETHER OR NOT ANY SUCH PERSON IS IDENTIFIED OR CONTRIBUTES INFORMATION ON OUR WEBSITES
YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
14. Limitation of Liability.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITES OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITES OR SERVICES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our websites or block your future access to our websites for any reason.
These remedies are in addition to any other remedies we may have at law or in equity.
17 Force Majeure.
18. No Agency Relationship.
19. Applicable Law.
You agree that all matters relating to your access to or use of our websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia, without regard to its conflicts of laws and rules. You agree to the personal jurisdiction by and venue in the state and federal courts of the State of Georgia. You also waive any objections to such jurisdiction or venue.
20. Contract Interpretation.
21. How to Contact FiPath.
If you have any questions or comments about the Terms or Services, please contact us by email at email@example.com.