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Introduction
Welcome and thank you for visiting. Please read these Terms and Conditions of Use (the “Terms”) before using FinanciallyEmpowered.com. These Terms govern your access to and use of the FinanciallyEmpowered.com website, our email newsletters, social media pages, and applications owned and operated by us, and any other services associated therewith (“FE Content”). FE Content is provided to you by Financially Empowered, LLC (“FE” (or “we” or “us” or “our”)). These Terms constitute a binding legal contract between you and FE. By using FE Content, you accept these Terms. Please review these Terms each time you access or use FE Content as they are subject to change. You agree that we may notify you of modified Terms by posting them on FE Content, and that your continued use of FE Content after such notice constitutes your agreement to the modified Terms. FE reserves the right to deny access to FE Content, or any service provided via FE Content, to anyone who violates these Terms or who, in FE’s sole judgment, interferes with the ability of others to enjoy FE Content, or infringes the rights of others. When using FE Content, you will be subject to any posted terms or guidelines applicable thereto, and any other terms or conditions applicable to services provided by or in conjunction with any of FE’s content and service partners.
Intellectual and property rights
Limited License. The materials available on or through FE Content are owned by and proprietary to FE, its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use FE Content, and materials on FE Content, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not decompile, create derivative works of, or reverse engineer any part of FE Content. You may not otherwise download, republish, retransmit, modify, publicly display, store, transmit, or reproduce any of the materials made available on or through FE Content (including any video or still photographs) without the prior written consent of FE or another owner of same. You may not distribute copies of materials found on FE Content in any form (including by email or other electronic means) without prior written permission from FE. Unless we have granted you licenses to our intellectual property, our providing you with FE Content does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Trademarks. FE trademarks, service marks, logos, slogans, designs, product and service names, and other indicia (“FE IP”) are the property of FE and its affiliates. You agree not to display or use in any manner any FE IP without FE’s prior written permission.
Links. You may establish a hypertext link to FE Content so long as the link does not state or imply any FE sponsorship of or affiliation with your site.
Framing and Compiling. You may not, without FE’s prior written permission, frame or otherwise compile the FE Content, or incorporate the FE Content into another website or other service any material, content or intellectual property belonging to FE, any affiliate companies, or any of their respective licensors.
Copyrighted Materials Accessible Through FE. Some copyrighted materials that are not owned by FE may be accessible through FE Content. The following provision applies to all visitors (which shall include, without limitation, persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing FE Content, you specifically acknowledge and agree that copyrighted text, photo, design, graphic, audio, or video material, and the selection and arrangement thereof, is owned or licensed by FE, with all rights reserved, or is the property of third parties protected by intellectual property rights and shall not be reproduced, published, broadcasted, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium without the express, prior written consent of the owner.
FE subscription
To access FE Content or receive certain content made available on or through FE Content on a subscription basis, we may ask you to subscribe by providing personal information such as your name, job title, organizational affiliation, and email address. You agree that you will register only if you are 13 years of age or older. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form. If FE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FE reserves the right to suspend or terminate your account and refuse any and all current or future use by you of FE Content (or any portion thereof). FE’s use of any personal information you provide to FE as part of the subscription process is governed by the terms of FE’s Privacy Policy.
Modifications to FE content
FE reserves the right at any time and from time to time to (i) modify or discontinue, temporarily or permanently, FE Content (or any part thereof) with or without notice, including, but not limited to restricting or terminating anyone’s right to use the FE Content, with or without notice, (ii) charge fees in connection with the use of all or part of the FE Content, (iii) modify and/or waive any fees charged in connection with the FE Content, and/or (iv) offer opportunities to some or all users of FE Content. You agree that FE and its affiliates shall not be liable to you or to any third party for any reason whatsoever in connection with any modification, suspension, or discontinuance of FE Content (or access thereto), in whole or in part, or of any service, content or feature offered through the FE Content.
Termination
You agree that, at FE’s sole discretion, FE may at any time terminate your access to and use of FE Content (or any portion thereof), for any reason, including, without limitation, for lack of use, or if FE believes that you have violated or acted inconsistently with the letter or spirit of these Terms or applicable law. You agree that FE and its affiliates shall not be liable to you or any third party for any reason whatsoever in connection with any termination of your access to and use of FE Content.
Third party sites
FE Content may provide, or third parties may provide, links to other web sites or resources. Because FE has no control over such thirty party sites and resources, you acknowledge and agree that FE 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, including, without limitation, advertising, products, materials, goods or other services on or made available through such sites or resources. You further acknowledge and agree that FE (including its affiliates) 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 your use of or reliance on any such content, including without limitation, advertising, products, materials, goods or other services on or made available through any such site or resource.
General practices regarding content
You acknowledge that FE may establish general practices, limits and restrictions concerning access to and use of FE Content. FE assumes no responsibility or liability for the deletion, corruption, or loss of any content, and the malfunctioning of any network, hardware, or software. FE reserves the right to change these general practices, limits and restrictions at any time, in FE’s sole discretion, with or without notice.
Notice of copyright infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via FE Content in a manner that constitutes copyright infringement, please inform FE’s designated copyright agent by sending written notice by U.S. Mail to FE, Attn.: Legal Dept., 865 Via de la Paz #300, Pacific Palisades, CA. 90272, or by email to Legal@FinanciallyEmpowered.com. Please include the following information in your written notice: (i) a detailed description of the copyrighted work that is allegedly infringed upon; (ii) a description of the location of the allegedly infringing material on FE Content; (iii) your contact information, including your address, telephone number, and, if available, email address; (iv) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.
Disclaimers
No Warranties. YOUR ACCESS TO AND USE OF FE CONTENT IS AT YOUR SOLE RISK. FE CONTENT AND ALL MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED STRICTLY FOR EDUCATIONAL PURPOSES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FE AND FE’S AFFILIATES, AND THEIR RESPECTIVE AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, RELIABILITY, QUALITY, AVAILABILITY, SECURITY, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE OF FE CONTENT OR THE MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH FE CONTENT. FE DOES NOT GUARANTEE THAT THE MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FE MAKES NO WARRANTY OR REPRESENTATION THAT (i) FE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FE CONTENT WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FE CONTENT WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN FE CONTENT WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FE CONTENT IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR EXPRESS WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity. You agree to defend, indemnify and hold FE, its licensors, its members, managers, and the affiliates, directors, officers, agents, representatives, employees, successors and assigns of each (the “Indemnitees”) harmless from and against any claim or demand, including any and all losses, damages, liabilities, costs and expenses related thereto (including reasonable attorneys’ fees and expenses), made by any third party due to, in connection with or arising out of your use of FE Content, your violation of these Terms, or your violation of any rights of another person.
Limitation of Liability. UNDER NO CIRCUMSTANCES, WHETHER AN ACTION IS IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR IF SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE), RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, FE CONTENT OR (B) ANY MATERIALS, CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH FE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE INDEMNITEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Content. The content created by Financially Empowered, LLC, is intended to be generally informative and educational in nature. It should not be used as a primary basis for investment and/or planning decisions. The content should not be construed as legal, tax, or investment advice. Investment decisions should always be made based on investor’s objectives and circumstances, with the benefit of consultation with experienced, and licensed, professional financial and tax advisors. Financially Empowered, LLC is not a fiduciary and does not buy or sell securities. Examples provided in this content are illustrative, and should not be construed as advice. Financially Empowered, LLC makes no representation as to the completeness or accuracy of information from third-party sources.
Privacy
The privacy of the users of FE Content is of the highest importance to FE. Please review FE’s Privacy Policy for details. We evaluate the Privacy Policy periodically in light of changing business practices, technology and legal requirements. As a result, we may update the Privacy Policy from time to time. We will notify you about material changes to the Privacy Policy by placing a notice on our website.
Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. By using FE Content, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Los Angeles, California, in all disputes arising out of or relating to these Terms, the Privacy Policy, or use of FE Content, and you hereby waive any objections based upon the jurisdiction, forum or venue of such courts. These Terms and the Privacy Policy set forth the entire understanding between you and FE with respect to your use of FE Content, and supersedes any prior agreements, proposals or representations, written or oral, or other understandings among you and FE with respect to the subject matter hereof, and neither you or FE will be bound by any conditions, inducements or representations other than as expressly contemplated by these Terms and the Privacy Policy. If any supplemental or additional terms and conditions (to the extent applicable to your access to and use of the FE Content) are set forth in any section or portion of the FE Content (“Supplemental Terms”), such Supplemental Terms shall apply in addition to these Terms, and in the event of any conflict between these Terms and the Supplemental Terms, these Terms shall govern. FE’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 shall remain in full force and effect. 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 FE Content, the Privacy Policy or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that these Terms and any other agreement referenced herein may be assigned by FE in its sole discretion to a third party in the event of a merger or acquisition. You agree that by accepting these Terms you are consenting to the use and disclosure of your personal information and other practices described in our Privacy Policy. By using the FE Content, you consent to receive from FE all communications including notices, agreements, legally required disclosures or other information in connection with FE Content (“Contract Notices”) electronically. FE may provide such electronic Contract Notices by posting them on FE Content. You assume all knowledge of applicable law and are responsible for compliance with such laws. You may not use FE Content in any way that violates applicable state, federal or international laws, regulations or other government requirements. We may modify these Terms at any time by posting a revised version on this website. In the event FE does update these Terms, the modified Terms will be effective immediately upon being posted. Your continued use of the FE Content after FE modifies these Terms shall constitute your agreement to be bound by these Terms as modified. It is your responsibility to review these Terms each time you access or use FE Content. If you choose not to accept any modifications hereto, your only recourse is to stop using the FE Content.
Miscellaneous
Privacy
Disclaimers
Notice of copyright infringement
General practices regarding content
Third party sites
Termination
Modifications to FE content
FE subscription
Intellectual and property rights
Introduction
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