February 1, 2024
Thank you for visiting https://www.Finmore.com or the mobile application and any Finmore App (collectively the “Site”) operated by Flourish Direct LLC, a Wyoming limited liability company, dba Finmore (“Finmore” “we,” or “us”). This page explains the terms governing your Finmore membership (“Membership”) and the use of our services available on our Site and/or our mobile application (collectively the “Services”). By applying for a Membership and/or applying to use our Services, you are confirming that you have read, understood, and agree to be bound by any account agreements provided by us or our service/product providers (each an “Agreement”) associated with your Membership, and any other relevant terms and conditions incorporated herein. This Agreement also includes your consent to our gathering and utilization of your information as detailed in the Finmore Privacy Policy. Additionally, you agree to accept all forms of communication from us electronically. Please note that Finmore reserves the right to unilaterally modify these Terms and will provide notice of such changes by posting the most up-to-date version of the Terms to our legal page.
The term “you” refers to the individual who is applying for, or already possesses, a Finmore Membership, product, subscription, or is applying to use or currently uses our Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. User Qualifications and Requirements for Use of Services
A. User Qualifications. To utilize the Services, you must acknowledge and agree to these terms, establishing a contractual relationship between you and Finmore. Without agreeing to these terms, you are not eligible to apply for a Membership or access the Services. Applications for a Membership and the use of the Services are limited to personal, non-commercial purposes. In applying for a Membership or using the Services, you enter into a legally binding agreement with Finmore, adhering to this Agreement and complying with all relevant local, state, federal, and international laws and regulations. Please be advised that certain Services might have additional specific eligibility criteria.
B. Services Offered. Holding a Membership entitles you to a range of Services, including subscription services for All Cards program, soft skills training and certifications, budget software, health and wellness services, any other features or capabilities that we, at our sole discretion, may develop and offer periodically.
C. Application Process for Membership. When you apply for a Membership for personal use, it is mandatory to submit your personal details (“Personal Information”). This Personal Information includes your name, contact details, date of birth, and other identifiers; address verification, personal ID, and other documentary evidence to validate your identity and Personal Information. We share your Personal Information with our program manager(s), sponsor bank(s), and various third-party service providers to evaluate your eligibility for the Services. The accuracy of the Personal Information you supply is crucial for the initiation and ongoing management of your Membership. Should your Personal Information be outdated, incomplete, or incorrect, we reserve the right to reject your application, suspend the Services, or terminate your Membership. Additionally, throughout the duration of this Agreement and in the course of using the Services, we may request further Personal Information from you for identity verification, account management, and financial assessment purposes. You explicitly agree and authorize us to obtain additional Personal Information about you from our vendors and third-party sources solely for the purpose of risk assessment and fraud prevention, which includes acquiring information from credit reporting agencies and information bureaus. You authorize such entities to compile and provide this information to us. This may involve acquiring details like names, addresses, credit histories, and other relevant data. You acknowledge our use of Personal Information to verify any other details you provide and understand that the information we gather may influence our evaluation of your potential risk to our business.
D. Membership Management and Security Responsibilities. As the sole individual accountable for any activities occurring under your Membership, it is imperative to maintain the confidentiality of your Membership password. Immediate notification to Finmore is required if you suspect any security breach or unauthorized use of your Membership. Finmore will not bear responsibility for losses stemming from unauthorized use of your Membership. Access to your Membership may be suspended if there’s a belief that its security has been compromised.
E. Usage Restrictions. The use of the Membership and Services is prohibited if it involves (a) any illegal or unauthorized activities or actions contrary to this Agreement, or (b) benefiting any individual, organization, or country listed on the United States Office of Foreign Assets Control’s Specially Designated Nationals List.
F. Conditions for Appropriate Use. When you register and utilize the Services, you affirm that you will not (i) process payments linked to illegal, unauthorized, or insincere transactions; (ii) manage, handle, or forward funds on behalf of a third party. Finmore reserves the right to suspend or terminate your Membership or access to any of the Services without prior notice if your activities contravene the intentions or explicit terms of this section. Decisions made by Finmore regarding the violation of this section are conclusive and binding. Any enforcement action under this section is at Finmore’s sole discretion. Finmore may alter this section by updating the terms in this Agreement at any time.
G. Data Handling and Privacy on the Site. By utilizing the Services, you acknowledge and consent to the gathering, utilization, and sharing of both your Personal Information and the aggregated data derived from your usage of the Services (“Site Data”), as outlined in our Privacy Policy. This includes the collection, usage, transfer, and processing of Personal Information and Site Data in the United
States. You provide us with a global, perpetual license to use, alter, distribute, reproduce, and develop derivative works from the Site Data, in accordance with the purposes detailed in this Agreement. Finmore commits to using commercially reasonable physical, administrative, and technical safeguards to maintain the integrity and security of your Personal Information and to enforce your privacy preferences. Nonetheless, we cannot assure absolute protection against potential breaches by unauthorized third parties who might misuse Personal Information. You acknowledge that any Personal Information you provide is at your own risk. Additionally, your interactions with the Deposit Account and other financial services are subject to the privacy policies of our Program Sponsor.
2. Consent to Communications
A. Consent to Telephone Communications. When you supply us with a telephone number for a mobile device, or a number that is subsequently converted to a mobile device number, you are explicitly agreeing to receive various types of communications from us. These can include, but are not limited to, prerecorded or synthetic voice messages, text messages, and calls made using an automatic telephone dialing system from us, our affiliates, and agents regarding Finmore’s products or services. This explicit agreement extends to any such telephone numbers you provide now or in the future. Be aware that these calls and messages might be subject to charges by your mobile service provider. It’s important to note that providing this consent is not a prerequisite for purchasing goods or services from Finmore, and you have the option to refuse or withdraw your consent at any point. To do so, you can email support@Finmore.com or use any other effective method to ensure we receive your revocation. Furthermore, by providing a telephone number, you consent to Finmore recording any telephone conversations that occur during calls to or from that number for training purposes. This applies regardless of who initiates the call and whether or not the recording is disclosed during the call.
B. Consent to Electronic Communications. Our aim is to offer you a comprehensive range of digital technology services, including providing information electronically. While certain information legally must be provided to you in writing, giving you a right to receive it on paper, you may consent to receive it electronically, instead.
i. You consent to receiving Electronic Communications from us. “Electronic Communications” encompass all disclosures, notices, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide or that you sign, submit, or agree to at our request. As part of your association with us, we will send you Electronic Communications. You agree to receive Electronic Communications for any current or future products, services, memberships, and accounts. You also agree to the use of electronic signatures in dealings with us. Even if you have consented to electronic delivery, we might still send information on paper, and in certain situations, the law may require us to do so. If the law changes and allows additional Electronic Communications, this Agreement will automatically apply to those Communications, as well.
ii. Various methods may be used to deliver Electronic Communications. We may provide Electronic Communications through one or more of the following methods: (1) emailing them to you; (2) posting on our Website; (3) displaying them or enabling them for download via our online or mobile platforms; (4) including them in other Electronic Communications, such as electronic account statements; or (5) as specified in any other agreements with you. If we do not email or directly present the information, we’ll inform you where it can be accessed. Your previous consent for Electronic Communications and electronic signatures extends to new products, services, memberships, or accounts, unless you choose otherwise for these new offerings, which does not automatically withdraw your consent in regards to any other product, service, membership or account. To receive, access, and keep Electronic Communications from us, you will need some technology that includes a computer or mobile device capable of supporting the following:
- Internet access.
- A current version of a web browser compatible with our system. (Check system requirements periodically for updates to supported software.)
- Sufficient data storage capability via hard drive or other data storage unit.
- A valid, active email address.
- A program capable of displaying PDF files, like Adobe Reader.
If our technology requirements change in a way that materially impacts your ability to access or retain Electronic Communications, we will notify you. Continuing to use our Services after such a notice indicates your acceptance of the changes and reaffirmation of your consent.
iii. Update your contact information. It is your responsibility to maintain and update your contact information on file with us to ensure you receive Electronic Communications from us. Update your contact information in the Finmore mobile application or member portal or by contacting us at support@Finmore.com.
iv. Option for paper copies. Upon request, we may provide paper copies of certain Electronic
Communications. Request paper statements by emailing support@Finmore.com.
v. Withdrawing your consent. You can withdraw your consent to Electronic Communications at any time. Withdrawal may result in the termination of access to some electronic services and the inability to use certain Finmore products. Following the processing of your withdrawal, necessary Communications will be sent on paper, subject to applicable fees. Withdraw your consent by emailing us at support@Finmore.com. The withdrawal takes effect
after we have had reasonable time to process it
3. Finmore Services
A. Bank Account and Bank Card Waitlist. Upon the purchase of a Finmore Membership, you reserve a place on the Waitlist for a bank account and bank card. Once these become available, you will receive Electronic Communications informing you to open your bank account and order your card in a sequence of first come-first served. By signing up early, you will be among the first to open your bank account and receive your new bank card! Those on the waitlist will receive Electronic Communication notifying you of your place in line, and the approximate dates that your bank account and card will become available to you. Of course, we will provide updates along the way. Our program manager, sponsor bank(s), and network card providers may have other terms of services and agreements for your consent and acknowledgement, including a list of fees and charges that may apply.
B. Finmore Subscription Services. As a Finmore Member, you have the opportunity to purchase on a subscription basis (“a Subscription Service”) certain digital products and/or
services that may include personal and professional enrichment, financial literacy, financial software, and other tools or services. To complete the purchase of a Subscription Service, you will add the Subscription Service to your cart inside your Finmore membership portal and proceed through the payment checkout process. By completing the purchase of a Subscription Service, you signify that you agree to these Subscription Service terms (“Subscription Agreement”) and are subsequently granted a non-exclusive, limited, non-transferable, freely revocable license to use the Subscription Service for your personal, noncommercial use only and as permitted by the features of the Subscription Service.
i. Subscription Service Term. Subscription Services commence upon purchase for a period of one (1) month (“Initial Subscription Term”) and automatically and repeatedly renew each month on the same date as your original purchase, unless and until terminated in accordance with the terms and conditions set forth herein (collectively, “Subscription Term”). You may terminate this Subscription Agreement in any month of the Subscription Term by providing Finmore with written notice of your intention not to renew this Subscription Agreement or failure to pay the monthly fee. Finmore may terminate this Subscription Agreement at any time for any reason. Upon any termination or expiration of this Subscription Agreement the licenses and rights granted under this Agreement will be prorated, to terminate upon expiration of the current Subscription Term.
ii. Subscription Service Pricing Policies. You agree that Finmore may alter the features of the Subscription Service or amend the Subscription Fee, at any time in its sole discretion. Any change to our fee structure or payment terms shall become effective in the billing cycle following notice of such change to you.
iv. Subscription Service Indicators. Certain aspects of the Subscription Services may allow you to obtain reputation or status indicators (for example, points, badges and certifications for completing courses) (“Subscription Service Indicators”). You understand and agree that regardless of terminology used, the Subscription Service Indicators represent a limited license right governed solely by the terms of this Agreement and available for distribution at Finmore’s sole discretion. The Subscription Service Indicators are not redeemable for any sum of money or monetary value from Finmore at any time. You acknowledge that you do not own the account you use to access the Subscription Services, nor do you possess any rights of access or rights to data stored by or on behalf of Finmore on Finmore servers, including without limitation any data representing or embodying any or all of your Subscription Service Indicators. You agree that Finmore has the absolute right to manage, regulate, control, modify and/or eliminate Subscription Service Indicators as it sees fit in its sole discretion, in any general or specific case, and that Finmore will have no liability to you based on its exercise of such right. All data on Finmore’s servers are subject to deletion, alteration, or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH
DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON FINMORE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN FINMORE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. FINMORE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON FINMORE’S SERVERS.
C. All Cards
Finmore All Cards (“All Cards”) is a Subscription Service subject to all Terms of Service, including the following:
i. Finmore All Cards Description
You may subscribe to All Cards by completing an enrollment form and submitting payment through your Finmore Membership web portal, obtaining an All Cards account (“All Cards Account”) becoming an “All Cards User.” Upon obtaining your All Cards Account, you electronically link your current credit or debit cards (“Linked Cards”) to your All Cards Account, and you begin earning Fincredits for each transaction made with your Linked Cards.
To become an All Cards User and maintain an All Cards Account, you must:
- Be an active Finmore Member
- Successfully complete your All Cards enrollment within your Finmore Membership web portal
- Be in good standing with all provisions of Finmore’s Terms of Service
- Be current on all Subscription Service payments
ii. Earning Fincredits through Finmore All Cards
Upon becoming an All Cards User, you will choose which debit and/or credit cards you wish to link to your All Cards Account. You will earn Fincredits for each eligible transaction made with your Linked Cards. The Fincredits you earn for eligible transactions on Linked Cards may differ depending on many factors, including, but not limited to whether the Linked Card is a credit or debit device, the network brand of Linked Card, the processor of the Linked Card, and the merchant where the Linked Card is used. As a general rule, you will earn 1
Fincredit for every $1 US dollar you spend on any Linked Card. The amount of earned Fincredits for every US Dollar you spend may be amended at any time in Finmore’s sole discretion. All Fincredits earned through eligible transactions made on Linked Cards will be reflected in your Finmore Membership web portal, and you may use your Fincredits in the Finmore Marketplace. You are responsible for all applicable taxes that arise from, or as a result of, your Fincredits. Please consult your tax advisor, and Finmore is not providing any advice or recommendation regarding Fincredits.
The number of Fincredits you earn may be affected by factors outside of our control. For instance, when a merchant uses a third-party to sell their products or services or uses a third-party to process or submit your transaction to us (such as mobile or wireless card readers), or when you use a third-party payment account to make a mobile or digital wallet payment, the transmission of transaction information may be coded incorrectly. If you discover a discrepancy in the number of Fincredits in relation to a particular transaction, please contact us at support@finmore.com.
iii. Fincredits Exclusions
Ineligible transactions include, but may not be limited to, cash advances and cash equivalents, gift cards purchased in-person or online, person-to-person transactions, balance transfers, purchases that result in returns or chargebacks, express cash, purchases of money orders, purchases or reloading of prepaid cards, fees or interest charges on your Linked Card account, foreign exchange fees, Linked Card account service fees, ACP Program fees and charges, redemption of Linked Card rewards with a rewards system outside of the Finmore ecosystem. These exclusions are subject to change at any time. If you feel that you made an eligible transaction and did not receive the correct amount of Fincreditrs related to that transaction, contact support@finmore.com to request a review within 2 months of the original transaction. Review requests made longer than 2 months from the original transaction will not be honored.
You agree that Finmore may alter the features of All Cards, may amend the amount of Fincredits awarded, or may terminate All Cards at any time and for any reason, in our sole discretion. Any change to All Cards shall become effective in the subscription billing cycle following notice of such change to you.
4. Fees and Payment Collection.
A. Payment Method. You must keep a valid payment method on file with us to pay for all fees owed. We will debit fees from your payment method that you authorize on the date due. Finmore will charge the payment method that you authorize for all applicable fees until the Services are terminated, and any and all outstanding fees have been paid in full. If we are unable to process payment of fees using your payment method on file, we will make a second attempt to process the payment using the payment method on file within three (3) days. If the second attempt is not successful, we will notify you, and may suspend and revoke access to the Services. If the Services are suspended, your Services will be reactivated upon payment of any amounts owed. If the outstanding fees remain unpaid for sixty (60) days following the date of suspension, then we reserve the right to terminate your Account. You may change your payment method through your account settings.
B. Applicable Fees. Your use of the Services is subject to any fees on our Site or any other fee schedule provided to you, which may be updated from time-to-time at our discretion. For fees owed under this Agreement, you authorize us to automatically charge the payment method you have on file with us by agreeing to this Agreement. Each month, we will charge you on your billing date (“Billing Date”) for all outstanding fees that have not previously been charged or collected. All fees are exclusive of applicable taxes. You are responsible for all applicable taxes that arise from or as a result of your use of the Services.
If you enrolled as a Member in any other company or program before February 1, 2024 that is recognized by Finmore, your initial Membership fee and annual Membership renewal fee will be waived. You will also have the option to transfer or convert any rewards or credits earned in the previous program to rewards or credits of Finmore (FinCredits) according to the current reward policies.
C. Collection and Right to Set-Off. You agree to pay all amounts owed to us on demand. Your failure to pay amounts owed to us under this Agreement is a breach and you will be liable for any costs we incur during collection in addition to the amount you Collection costs may include attorney’s fees, costs of arbitration or court proceedings, collection agency fees, any applicable interest, and any other related costs. You grant us a security interest in and right to set off against any deposit or bank account linked to the Services, so that we may collect amounts you owe to us under this Agreement by deducting them from your account.
5. Term and Termination
This Agreement is effective when you submit your application or start using the Services and continues until terminated by either you or us, or in accordance with any other bank or sponsor agreements, third-party payment processor agreements, or as otherwise set forth in this Agreement. You may terminate this Agreement by paying all amounts you owe and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Account for any reason, by providing you notice, or we may terminate this Agreement immediately in the event you breach or violate any of the terms of this Agreement, as determined in the sole discretion of Finmore.
6. No Refunds
You may cancel your Finmore Services as provided herein; however, except as otherwise provided herein, there are no refunds for cancellation. Finmore may offer partial, pro rata refunds for Finmore’s early suspension, termination, or cancellation of Services, where the pricing and payment terms for the specific Services expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your Services or Finmore suspends or terminates your Services or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any money paid by you, any unused time on a Subscription Service, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
You enter into Finmore Services at your own risk: no guarantees, nor refunds, no exchanges, no credits. Finmore and its affiliates, subsidiaries and vendors cannot and will not be responsible or liable for your monetary investment or loss in any way.
7. Proprietary Rights
A. Limited License. Under this Agreement’s terms and conditions, you are granted a non- exclusive, limited, non-transferable, revocable license to use the Services as enabled by their functionalities. Finmore retains all rights not explicitly granted in this Agreement regarding the Services and Finmore’s intellectual property (“Finmore IP”). This license can be terminated by Finmore at any time, for any or no reason. The Services encompass all content and materials provided therein or through them, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any other content found on the Site (collectively, the “Finmore IP”). The intellectual property rights to all these materials (“Intellectual Property Rights”) belong solely to Finmore and its licensors. This Agreement does not create a license in any of these Intellectual Property Rights, except as expressly stated. You are prohibited from selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, performing, publishing, adapting, editing, or creating derivative works from any Finmore IP, unless specifically allowed by this Agreement. Unauthorized use of Finmore IP is strictly forbidden. For clarification, “Intellectual Property Rights” here refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as currently recognized or later established, including all applications, registrations, renewals, and extensions thereof, under the jurisdiction of any state, country, territory, or other legal entity.
B. Copyright Complaints. Should you identify any content on the Site that you believe infringes on a copyright you hold or control, you are encouraged to inform our Designated Agent through the following contact details:
- Postal Address: Flourish Direct LLC dba Finmore, PO Box 12200, Jackson, WY 83001
- Email: legal@Finmore.com
For your notification to comply with the requirements of the Digital Millennium Copyright Act, it should be a written communication incorporating the elements below:
- A statement indicating your good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
- Precise identification of the material alleged to be infringing or the subject of infringing activity, with enough detail to enable us to locate this material on the Site.
- Detailed identification of the copyrighted work claimed to be infringed, or, in cases where multiple works on a single online site are involved, a list representing these works.
- Adequate information to allow us to contact you, including your address, telephone number, and, if available, an email address.
- A declaration, made under penalty of perjury, stating that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner of the right that is allegedly infringed.
A physical or electronic signature of an individual authorized to represent the owner of the allegedly infringed exclusive right.
C. Feedback. You are welcome to, or might be invited by us, to provide suggestions or comments about the Services, including ideas for enhancements or improvements to the Services or our products (“Feedback”). When you submit any Feedback, you acknowledge that your contribution is gratuitous, unsolicited and without restriction. This submission does not create any fiduciary or other obligation on Finmore. We reserve the right to freely utilize your Feedback without any obligation for compensation to you and may share your Feedback with others on a non-confidential basis. You also recognize that Finmore’s acceptance of your Feedback does not prevent Finmore from using similar or related ideas that were already known to Finmore, developed independently by its employees, or acquired from other sources apart from you.
8. Site Data and Privacy
You understand that by using the Services you consent to the collection, use and disclosure of Personal Information and aggregate data we collect from your use of the Services (“Site Data”) as set forth in our Privacy Policy, and to have Personal Information and Site Data collected, used, transferred to and processed in the United States. You grant us a worldwide, irrevocable license to use, modify, distribute, copy, and create derivative works from Site Data for the purposes identified in this Agreement. Finmore uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Personal Information for improper purposes. You acknowledge that you provide Personal Information at your own risk. Your use of the Services is also subject to the privacy policies and other terms of our Program Sponsor(s).
9. No Professional Advice
A. Legal, Tax, and Financial Advice Disclaimer. Please be aware that the content provided by Finmore, including any content contributed by attorneys, Certified Public Accountants (CPAs), and licensed financial professionals, is for general informational and educational purposes only. None of the content should be construed as official legal, tax, or financial advice.
Accessing, viewing, or using the materials and content on our platform does not create and should not be interpreted as creating an attorney-client, accountant-client, or financial advisor-client relationship. Each individual’s legal, financial, and tax situation is unique and requires personal consultation with a qualified professional to assess.
If you require legal, financial, or tax advice, please consult with a licensed professional in the relevant field. The professionals contributing to our platform are not responsible for any actions taken as a result of their content or advice nor are they engaged in rendering legal, financial, or tax advice to individual users of our platform without a separate and personal engagement agreement for their services.
Finmore does not endorse, guarantee, or assume responsibility for the accuracy, completeness, or reliability of any legal, financial, or tax information provided by these professionals. Users are encouraged to independently verify any information they choose to rely upon.
Under no circumstances will Finmore or any contributing professionals be liable for any loss or damage caused by your reliance on information obtained through the content on our platform. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through our Services.
B. Health and Wellness Disclaimer. By using our Services, you acknowledge and agree to this disclaimer and assume full responsibility for any risks or decisions you make based on the content provided by our Services.
Please note that the content provided by Finmore is for informational and educational purposes only and is not intended as, nor should it be considered as a substitute for, professional medical advice, diagnosis, or treatment.
Do not use our content for diagnosing or treating a medical or health condition. If you have or suspect you have a medical or mental health issue, please consult a qualified healthcare professional.
Participating in any fitness, diet, wellness, or health-related programs mentioned in our content should be done only after consulting with and under the direct supervision of a medical or mental health professional, especially if you suffer from any chronic condition or are taking any medication. Finmore does not endorse or assume responsibility for any medical or mental health claims, advice, or opinions presented in the content and expressly disclaims any liability for any medical or mental health advice, treatments, or diagnoses found in or through our content.
10. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINMORE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FINMOIRE ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOUR THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. FINMORE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR SERVICE, AND FINMOIRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINMORE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL FINMORE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINMORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FINMORE, ITS AFFILIATES, AGENTS, DIRECTORS,
EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FINMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Indemnification
You agree to defend, indemnify and hold harmless Finmore and its subsidiaries, agents, licensors, managers, members, and other affiliated companies, and their employees, contractors, agents, officers and directors, our Program Sponsor(s), and our third-party service providers, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of, related to, or resulting from : (a) your use of and access to the Services, including any data or content transmitted or received by you;
(b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) your intentional misconduct; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law. You agree that: (i) the Services shall be deemed solely based in Wyoming, except as may be set forth in any Program Sponsor Agreements; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Wyoming. This Agreement shall be governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Teton County, Wyoming for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Subject to Section 11.B, you agree that the federal or state courts located in Teton County, Utah is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration provision below is found to be unenforceable.
B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FINMORE. For any dispute with Finmore, you agree to first contact us at Flourish Direct LLC, dba Finmore, PO Box 12200, Jackson, WY 83001 and attempt to resolve the dispute with us informally. In the unlikely event that Finmore has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims arising from protection of Intellectual Property Rights, breach of Confidential Information, which will be resolved through litigation in accordance with Section 11.A, or for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by Judicate West. Claims with amounts claimed greater than $250,000 will apply the Comprehensive Arbitration Rules and Procedures of Judicate West; and Disputes with amounts claimed less than or equal to
$250,000 will apply the Streamlined Arbitration Rules of Judicate West. The arbitration will be conducted in Utah County, Utah unless you and Finmore agree otherwise. If Judicate West cannot administer the Claim, either party may petition the US District Court for the Utah County District of Utah to appoint an arbitrator. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Either party may commence arbitration by providing a written demand for arbitration to Judicate West and the other party detailing the subject of the Claim and the relief requested. Each party will continue to perform its obligations under this Agreement unless that obligation or the amount (to the extent in dispute) is itself the subject of the Claim. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. Proceedings and information related to them will be maintained as confidential, including the nature and details of the Claim, evidence produced, testimony given, and the outcome of the Claim, unless such information was already in the public domain or was independently obtained. You and Finmore, and all witnesses, advisors, and arbitrators will only share such information as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by law.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained an account or used the services for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Finmore are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
14. General
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Finmore without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement. You consent to us providing notices to you under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. We will provide notices to you electronically through your Account, and via text or SMS to the phone numbers provided to us by you. If you sign up to receive certain Finmore notifications or information via text or SMS, you may incur additional charges from your wireless provider for these notices. You agree that you are solely responsible for any such charges. Notices affecting the terms of this Agreement will be sent to you and are considered received 24 hours after they are sent. You understand that you may not use the Services unless you consent to receive notices from us electronically. You may only withdraw consent to receive notices electronically by closing your Account. Notices may include alerts about the Services, your Account, and may provide you the ability to respond with information about transactions or your Account. You may disable notification preferences to limit the use of certain Service features or to decrease financial risks to yourself. You are required to maintain a regularly updated web browser, and computer and mobile device operating systems to receive notices correctly. You will be responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically. Contact us immediately at Flourish Direct LLC, dba Finmore, PO Box 12200, Jackson, WY 83001 if you are having trouble receiving notices from us.
C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Finmore in connection with the Services, shall constitute the entire agreement between you and Finmore concerning your Account and the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Finmore’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Legal Orders. We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible to you for any losses you incur due to our response to such legal order. We may hold funds or provide information as required by the issuer of the legal order or take any other actions we believe are required of us under legal orders. Where permitted, we will provide you reasonable notice that we have received such an order.
F. Survival. Any and all provisions of this Agreement reasonably giving rise to continued obligations of the parties will survive termination of this Agreement.
G. Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Finmore as a result of this Agreement or your use of the Site.