Fafolio Terms of Web site
ACCEPTANCE OF TERMS
Welcome to the network of interactive services owned, operated, or provided by Fafolio LLC. Please read the following Terms of Service (TOS) for using the Fafolio LLC's Web sites.
Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.
You can review the most current version of the TOS at any time at: . By accessing and using the Fafolio Web sites, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Fafolio owned or operated Web sites, you and Fafolio shall be subject to any posted guidelines or rules applicable to such Web sites, which may be posted and modified from time to time. If you continue to use the Services after we change the Terms, you accept all changes. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF FAFOLIO WEB SITES
Fafolio provides users with access to a rich collection of resources, including without limitation various communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Fafolio Web sites").
Fafolio offers content from third party providers on the Web site. This content includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports (the "content"). Fafolio does not endorse or approve the content, and we make it available to you only as a service and convenience. Fafolio and our third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Fafolio nor the third party providers are obligated to update any information or opinions contained in any of the content. Fafolio may discontinue offering any content on the Web site at any time without notice. You agree that neither Fafolio nor the third party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the content on the Web site. You will not redistribute or facilitate the redistribution of any content, nor will you provide access to the content to anyone who is not authorized by Fafolio to receive the content.
You also understand and agree that the Fafolio Web sites may include advertisements and that these advertisements are necessary for Fafolio to provide the Fafolio Web sites. You also understand and agree that the Fafolio Web sites may include certain communications from Fafolio, such as Web site announcements, administrative messages and the Fafolio Newsletter, and that these communications are considered part of Fafolio membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Fafolio Web sites, including the release of new Fafolio properties, shall be subject to the TOS. You understand and agree that the Fafolio Web sites is provided "AS-IS" and that Fafolio assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Fafolio Web sites, and that access may involve third-party fees (such as Internet Web site provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Fafolio Web sites.
You understand that the technical processing and transmission of the Fafolio Web sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Fafolio has created certain areas on the Fafolio Web sites that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
"Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fafolio has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fafolio has the right to suspend or terminate your account and refuse any and all current or future use of the Fafolio Web sites (or any portion thereof).
Fafolio is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Fafolio Web sites must create a Fafolio Family Account. When you create a Fafolio Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Fafolio Family Account. By adding a child to your Fafolio Family Account, you also give your child permission to access many areas of the Fafolio Web sites, including, email, message boards and instant messaging (among others). Please remember that the Fafolio Web sites is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Fafolio Web sites areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Fafolio Web site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fafolio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fafolio cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
If you accept fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges.
We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
MEMBER CONDUCT"Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Fafolio, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Fafolio Web sites. Fafolio does not control the Content posted via the Fafolio Web sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Fafolio Web sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fafolio be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Fafolio Web sites.
You acknowledge that Fafolio may or may not pre-screen content, but that Fafolio and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Fafolio Web sites. Without limiting the foregoing, Fafolio and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fafolio or submitted to Fafolio, including without limitation information in Fafolio Message Boards and in all other parts of the Fafolio Web sites.
You acknowledge, consent and agree that Fafolio may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Web site; or (v) protect the rights, property or personal safety of Fafolio, its users and the public.
You understand that the Fafolio Web sites and software embodied within the Fafolio Web sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fafolio and/or content providers who provide content to the Fafolio Web sites. You may not attempt to override or circumvent any of the usage rules embedded into the Fafolio Web sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Fafolio Web sites, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON FAFOLIO NETWORK
When you register with Fafolio, you acknowledge that in using the Fafolio Web sites to send electronic communications (including but not limited to email, sending messages to Fafolio Chat or Fafolio Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Fafolio's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Fafolio 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Web site results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Fafolio Web sites and transfer, posting and uploading of software, technology, and other technical data via the Fafolio Web sites may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Fafolio Web sites to parties identified on such lists; (b) agree not to use the Fafolio Web sites for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Fafolio Web sites any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FAFOLIO WEB SITES
Fafolio does not claim ownership of Content you submit or make available for inclusion on the Fafolio Web sites. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Fafolio Web sites, you grant Fafolio the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Fafolio Web sites are those areas of the Fafolio network of properties that are intended by Fafolio to be available to the general public. By way of example, publicly accessible areas of the Fafolio Web sites would include Fafolio Message Boards and portions of Fafolio Groups that are open to both members and visitors. However, publicly accessible areas of the Fafolio Web sites would not include portions of Fafolio Groups that are limited to members, Fafolio Web sites intended for private communication such as Fafolio Mail or areas off of the Fafolio network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Fafolio.
CONTRIBUTIONS TO FAFOLIO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Fafolio through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Fafolio is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Fafolio shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Fafolio may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Fafolio without any obligation of Fafolio to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Fafolio under any circumstances.
INDEMNITY, INTEGRATION, AND SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions. These Terms of Service represent the entire agreement between Fafolio and the user relating to the subject matter herein.
NO COMMERCIAL REUSE OF FAFOLIO WEB SITES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Fafolio Web sites (including Content, advertisements, Software and your Fafolio ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
Fafolio Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Fafolio accounts located on Fafolio servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Fafolio too. Your agreement to this TOS constitutes your consent to allow Fafolio to store these communications on its servers.
MODIFICATIONS TO FAFOLIO WEB SITES
Fafolio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Fafolio Web sites (or any part thereof) with or without notice. You agree that Fafolio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Fafolio Web sites (or any part thereof).
You agree that Fafolio may, without prior notice, immediately terminate, limit your access to or suspend your Fafolio account, any associated email address, and access to the Fafolio Web sites. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Fafolio Web sites (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Fafolio Web sites. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Fafolio's sole discretion and that Fafolio shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Fafolio Web sites.
Termination of your Fafolio account includes any or all of the following: (a) removal of access to all or part of the offerings within the Fafolio Web sites, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Fafolio Web sites.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fafolio Web sites, including payment and delivery of related goods or Web sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fafolio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Fafolio Web sites.
HYPERLINKS TO OTHER SITES
The Fafolio Web sites may provide, or third parties may provide, links to other World Wide Web sites or resources. In the event you use the hyperlinks included on the Web site to gain access to a World Wide Web site or Internet location or source of information on any company organization or person other than Fafolio or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Fafolio and agree that Fafolio shall not be responsible for any information or other hyperlinks found at any such World Wide Web site or Internet location or source of information or for your use of such information. Fafolio provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that Fafolio has provided a link to another site does not signify an endorsement of the site or its contents by Fafolio. You acknowledge and agree that Fafolio is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fafolio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Web sites available on or through any such site or resource. There are inherent risks in the use of any software or information found on the Internet and you acknowledge that you understand these risks before making any use of the Web site and the Internet.
FAFOLIO'S PROPRIETARY RIGHTS
"Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Fafolio Web sites or by advertisers is protected by copyrights, trademarks, Web site marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Fafolio or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Fafolio Web sites, such Content or the Software, in whole or in part.
Fafolio grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Fafolio Web sites. You agree not to access the Fafolio Web sites by any means other than through the interface that is provided by Fafolio for use in accessing the Fafolio Web sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAFOLIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FAFOLIO WEB SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FAFOLIO WEB SITE; OR (e) ANY OTHER MATTER RELATING TO THE FAFOLIO WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR FAFOLIO WEB SITES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Fafolio Web site, receive or request any news, messages, alerts or other information from the Fafolio Web sites concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. Fafolio provides the content of the Web site for information, education and noncommercial purposes only. Although Fafolio may provide data, information and content relating to investment approaches, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Web site before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Fafolio or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through Fafolio Web sites.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Fafolio may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Fafolio Web sites, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Fafolio Web sites in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Fafolio Web sites in an authorized manner.
You agree that all of Fafolio's trademarks, trade names, Web site marks and other Fafolio logos and brand features, and product and Web site names are trademarks and the property of Fafolio LLC (the "Fafolio Marks"). Without Fafolio's prior permission, you agree not to display or use in any manner the Fafolio Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTFafolio respects the intellectual property of others, and we ask our users to do the same. Fafolio may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fafolio's Copyright Agent the following information:
Fafolio's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Fafolio LLC
12847 South Mason Avenue
Palos Heights, IL 60463
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and Fafolio and governs your use of the Fafolio Web sites, superseding any prior version of this TOS between you and Fafolio with respect to the Fafolio Web sites. You also may be subject to additional Terms of Service that may apply when you use or purchase certain other Fafolio Web sites, affiliate Web sites, third-party content or third-party software.
Choice of Law and Forum. You and Fafolio each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Fafolio , shall be brought exclusively in the courts located in the county of Cook, Illinois or the U.S. District Court for the Northern District of Illinois. You and Fafolio agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
No Right of Survivorship and Non-Transferability. You agree that your Fafolio account is non-transferable and any rights to your Fafolio ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fafolio Web sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Chicago, Illinois. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last updated July 1, 2010