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Terms and Conditions
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The Financial Visions, Inc. (Financial Visions)  Subscriber Agreement and Terms of Service ("Terms of Service") are effective immediately upon the User's acceptance by checking the box stating “I have read and accept the terms of the Subscriber Agreement”, and submitting the application to Financial Visions.   As used in the Terms of Service, the terms "you", "your", “subscriber” or "user" all refer to the person using the Service in any way. However, if you have registered as, for, or on behalf of a corporate entity, such as a company, business, corporation, or other entity (i.e., not as an individual), "you", "your" , “Subscriber”,  or "User" all refer to the entity and its employees, subcontractors, affiliates, and subsidiaries (collectively, "registered entity"), and all other persons or entities which the registered entity permits to use the Service in any way.
 
1. Services Provided
1.1 Permitted Uses and Restrictions on Use:
  Subject to the terms and conditions of the Terms of Service, Financial Visions, its third party service providers, or its subcontractors will provide the following (depending on service package selected by users): Integrated web site building tools, a website, email access, and resident space to store, organize, and publish Subscriber’s content on Financial Visions servers with Internet server and access capabilities. (“The Service”)  The Subscriber may select, enter, and modify Subscriber’s content through use of online forms resident on the FINANCIAL VISIONS server. You shall not attempt to access any other of Financial Visions' systems, programs or data that are not made available for public use.  All Internet users will have access to view Subscriber’s publicly published information and data.  It may be possible for these users to gain unauthorized access into the server where Subscriber’s password-protected data files reside and security against this event is not guaranteed. 
   
1.2 General Practices Regarding Use and Storage.
  You acknowledge that Financial Visions may establish or revise from time to time general practices and limits concerning your use of the Service, including without limitation, establishing the maximum amount of storage space you have on Financial Visions’ severs at any time, as well as limiting the amount of bandwidth you may use with the Service in a given period of time. In addition, Financial Visions may limit without notice the volume of e-mail forwarding or file downloading from your service  in response to unreasonable activity (such as spamming or hosting a publicly accessible exchange of large data files). You agree that Financial Visions has no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any messages and other communications or other information, data, text , photographs, or graphics (collectively referred to as "Content") maintained or transmitted by the Service. You acknowledge that Financial Visions reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
   
1.3 Links.
  The Service, other Service users, or third parties may provide links to other World Wide Web sites or resources. Because Financial Visions has no control over such sites and resources, you acknowledge and agree that Financial Visions is not responsible for the availability of such external sites or resources, and does not endorse 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 Financial Visions 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 services available on or through any such site or resource.
   
2. Your Responsibilities.
2.1 Your Registration Obligations.
  In consideration for your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself in the required fields as prompted by the Service's registration form(s) ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, by contacting Financial Visions when appropriate. If you provide any information that is untrue, inaccurate, not current or incomplete, or Financial Visions  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Financial Visions  may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
   
2.2 Acceptable Use Policy.
  You agree to comply with Financial Visions Acceptable use policy as follows.  This Policy is subject to all applicable agreements and terms and conditions between you and Financial Visions, and is subject to change without notice: 
Responsibility for Content.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload or otherwise transmit via The Service. Financial Visions does not control the Content uploaded or otherwise transmitted by you or other customers via The Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By submitting any Content to Financial Visions, you warrant that: (i) you are the owner of such Content, or have been granted all the rights necessary from the owner of such Content to submit such Content to Financial Visions, (ii) the use of such Content by Financial Visions and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party, and (iii) that you will abide by the provisions of 2.2b below. 
 
b.   Other Conduct
You agree to not use the Services to: (a) upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Financial Visions representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (e) upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Services; (j) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities;  (l) conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be designated for such purpose; or (m) violate FINRA or other applicable regulations. 

   
2.3 No Resale, Etc. of the Service.
  You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service, without the express written agreement of Financial Visions. Such restrictions do not apply to the Content you place on the Service. You agree not to access the Service by any means other than through the interface that is provided by Financial Visions for use in accessing the Service.
   
3.  Proprietary Rights.
3.1 Content Submitted to the Service.
  You acknowledge that Financial Visions does not pre-screen user Content, but that Financial Visions and its designees, contractors or subsidiaries shall have the right (but not the obligation) in their sole discretion to refuse or to remove any Content that is available via the Service. Without limiting the foregoing, and without notice to you, Financial Visions and its designees shall have the right to remove any Content that violates the Terms of Service 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.
   
3.2 Financial Visions Proprietary Rights.
  You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and you agree not to disclose such information to any third party without Financial Visions's prior permission. You further acknowledge and agree that Content provided to the subscriber as part of the service protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws.  The content furnished is the property of FINANCIAL VISIONS or its licensors and is protected by copyright and other intellectual property laws. Content includes, for example, research and newsletter articles, calculators, and other items displayed on the site. Subscriber agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received to anyone, including but not limited to others in the same company or organization, without express prior written consent, unless through the use of website tools (excluding email services) provided by Financial Visions for the  purpose of  such rebroadcast.
   
4. Modifications to the Service or Agreements.
4.1 Modifications to the Service.
  Financial Visions reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. Should Financial Visions choose to permanently discontinue the Service, Financial Visions will post notification of this decision on the Service Web site at least thirty (30) days prior to such discontinuance. You agree that Financial Visions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or for any resulting loss or destruction of any Content that you place on the Service. Financial Visions may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).
   
4.2 Modifications to the Terms of Service.
  You agree that Financial Visions may modify the Terms of Service at Financial Visions' sole discretion. Please check the Terms of Service periodically for changes. Your continued use of any of the Service after such modification shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service. In addition, Financial Visions may at any time introduce separate Terms of Service for users in certain jurisdictions and require users in these jurisdictions to agree to the separate Terms of Service. Financial Visions may also require such users to agree that termination of the separate Terms of Service and cessation of all access and use of the Service would be their exclusive remedy if they do not wish to comply with the separate Terms of Service.
   
5. Fees.
5.1 General.
  You agree to pay any applicable fees for the Service plan you select. These plans are described on the fvisions.com pricing pages. Financial Visions reserves the right to modify its fees with or without notice.
   
5.2 Acceptance, Payment, and Terms.
  All orders are subject to acceptance by FINANCIAL VISIONS. The credit card provided by the Subscriber provides a credit card account.  All charges that the subscriber incurs will be debited to that credit card account on a monthly basis at the current rate, plus any special expenses, such as set-up, custom graphics or custom text insertion.  The monthly fee shall be due and payable to Financial Visions by credit card in advance on the billing date as displayed in the Service. All fees are non-refundable, in whole or in part, even if the Service is suspended, cancelled or transferred prior to the end of your then current Service month. Subscriber will be notified of all special expenses in advance of any such expenses being charged.  All fees are non-refundable. Financial Visions reserves the right to suspend the accounts of Users who fail to make payments on their selected paying plan.  If a credit card settlement is not received within thirty (30) days of the due date, FINANCIAL VISIONS may withhold or suspend services and may terminate this Agreement, which does not relieve Subscriber from paying past-due charges. Subscriber reactivated accounts will be subject to a reactivation charge equal to then current installation fee.
   
5.3 Domain Registration Fees.
  The Subscriber may elect to use sub-domain names, which are registered by U.S. InterNIC to Financial Visions, personally register,  or transfer an existing domain.  Financial Visions may be requested to register the Subscriber’s domain as part of the set up fee.  It is the responsibility of the Subscriber to pay subsequent domain registration fees and failure to do so may disable access to the website or risk loss of the domain name.  All individually registered domain (URL) names are the property of the Subscriber and may be continued by the Subscriber if this agreement is terminated.  In cases where Financial Visions acts as domain registrar, or reseller of a registrar, than  Financial Visions may elect to renew subscribers domain as a part of the service at a fee not to exceed  $35/year, by using the subscribers on-file credit card. 
   
6. Compliance. 
  Each Subscriber is responsible for securing compliance approval for all content on their site.  However, FINANCIAL VISIONS will furnish at no cost, an editing and review procedure, referred to as a Compliance Manager, to the Subscriber’s home office Compliance Officer, which includes a process whereby all new sites and subsequent additions and revisions are approved before posting.  If a Subscriber’s company or broker dealer will not approve the website or use the Compliance Manager, Subscriber may terminate this Agreements in writing, with no subsequent payment required.
   
7. Term and Termination.
  Unless terminated by either party in accordance with this Agreement, the term of this Agreement shall be automatically renewed for subsequent terms of the same length. This Agreement may be terminated by the parties as follows: (a) Unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by provision of thirty (30) days notice to the other prior to the end of the subscription term; or (b) FINANCIAL VISIONS may terminate this Agreement immediately if, based on Financial Visions’ sole judgment, it determines that Subscriber has infringed any intellectual property right, copyright, patent, trademark, privacy right, or posts, displays, or transmits obscene, pornographic, or sexually explicit or graphic materials in conjunction with the information and data content Subscriber provides: or (c) Subscriber may terminate this Agreement if FINANCIAL VISIONS changes the Terms of Service, the pricing or the services under this Agreement, upon receiving notice of such changes.  In any event, the Subscriber retains his/her domain (URL) registration.
   
8. Indemnity
  User agrees to indemnify and hold Financial Visions, their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party.
   
9. Storage of Communications 
  Financial Visions and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Service.
   
10. Disclaimer Of Warranties 
  (a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
 
(b) FINANCIAL VISIONS, AND THEIR SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
 
(c) FINANCIAL VISIONS, AND THEIR SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FINANCIAL VISIONS, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
 
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
 
(e) FINANCIAL VISIONS AND THEIR SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
 
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FINANCIAL VISIONS, OR THEIR THIRD PARTY SERVICEPROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
   
11. Limitation of Liability  
  (a) USER AGREES THAT FINANCIAL VISIONS AND THEIR SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF FINANCIAL VISIONS, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
(b) USER FURTHER AGREES THAT FINANCIAL VISIONS, AND THEIR SUBCONTRACTORS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
 
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
 
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
  
(e) In cases where virus protection products are in use,  please be advised that these products may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither Financial Visions nor its licensors are responsible for any damages caused by your decision to do so.
   
12. Limitations on Use; Responsibilities of User:  
  Subscriber is solely responsible for and agrees to indemnify Financial Visions (under the terms of the Indemnification paragraph above) against any claims arising out of (a) invoicing and collection of any fees which Subscriber charges to users of the Internet that access Subscriber’s information and data content; (b) paying all taxes of any nature that become due with regard to Financial Visions’ services, except for taxes on Financial Visions’ income, irrespective of which party may be responsible for reporting or collecting such taxes; (c) ensuring that Subscriber’s information and data do not contain any data or information that violates any law or regulation; (d) Subscriber’s content, including but not limited to the accuracy and availability of the information and data content; (e) assessing and maintaining the security of Subscriber’s password(s) and User ID(s); and (f) providing assistance to those who access Subscriber’s information and data content.
   
13. Privacy. 
  Financial Visions will cooperate with those attempting to minimize Internet abuse, and reserves the right to institute “filters” or other mechanisms for that purpose. Financial Visions will not monitor or disclose the Subscriber’s private e-mail messages unless required to do so by operation of law, but will cooperate with law-enforcement authorities and will notify such authorities if it suspects that Subscriber is engaged in illegal activities.
   
14. Relationship of the Parties.
  The relationship between Financial Visions and Subscriber is that of vendor and vendee. The parties shall not be construed as being joint venturers, franchiser/franchisee, or employer/employee. This Agreement is a commercial agreement entered into for business purposes, not a consumer agreement. The Subscriber shall not have no authority to contract for or on behalf Financial Visions, or in any other way legally bind Financial Visions in any fashion.  Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. 
   
15. Association, Broker Dealer or Insurance Company Sponsorship. 
  Any participation in or any recommendation of this service by such a third party shall not obligate that party to any responsibility of either the Subscriber or Financial Visions to perform and execute this agreement and any liability that might arise for actions or non performance connected with the features, copy or activities connected with the website.
   
16. Other Information
16.1 Content Updates.
  The content of the site, such as references, articles, glossaries, newsletters and calculators will be periodically revised and replaced as a normal part of the responsibility of Financial Visions and this is provided for in the monthly subscription fee.
   
16.2 Support and Training.
  Financial Visions shall make available customer support by phone during normal business hours and may, but is not obligated to, provide Subscriber training on an exclusive or participatory basis, such as at an association conference.
   
16.3 Assignment. 
  Subscriber’s rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of Financial Visions.
   
16.4 Partial Invalidity.
  If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, shall not be affected by such invalidity or unenforceability.
   
17. General Information.
  THE SERVICE IS NOT OFFERED OR AVAILABLE TO MINORS. Notices to you may be made via either e-mail, regular mail, overnight courier or facsimile at your contact addresses of record for the Service. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. If you provide notice to Financial Visions, such notice shall be sent to: Financial Visions Inc., 971 Dewing Ave, Suite 203 , Lafayette , CA 94549 fax: 925 283 8066.   The Terms of Service (and the policies linked to them) constitute the entire agreement between you and Financial Visions and governs your use of the Service, superceding any prior agreements between you and Financial Visions (including, but not limited to, any prior versions of the Terms of Service) with respect to their subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Financial Visions services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Financial Visions agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Contra Costa, California, USA. The Terms of Service do not limit any rights that Financial Visions may have under trade secret, copyright, patent, trademark or other laws. The failure of Financial Visions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Financial Visions and its successors and assigns. All representations and  warranties, Terms of Service shall survive the termination of your account or access to the Service.
   
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