This User Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Art & Money Maters LLC, d/b/a FinCore (“FinCore”), on behalf of itself and its affiliates (collectively, “FINCORE”), and governs your access to and use of FinCore’s websites, mobile Sites, or other online platform that we own, control, and/or operate (“Sites”) and your use of the services provided therein or in connection with such use or access (“Services”) or any other use/or access of our Sites.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS & CONDITIONS OR PRIVACY POLICY APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS AGREEMENT. BY USING THE SITES OR SERVICES OR OTHERWISE VISITING OR USING OUR SITES, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE SITES OR SERVICES. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE THAT YOU AGREE TO ITS TERMS AND CONDITIONS (“EFFECTIVE DATE”).

THESE TERMS AND CONDITIONS MAY BE UPDATED AT ANY TIME IN FINCORE’S SOLE DISCRETION. YOUR CONTINUED USE OF THE APPLCIATIONS OR SEVICES AFTER SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES.

IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FINCORE, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.

Definitions

1. User: An individual or entity that accesses and/or uses the Sites for any purpose.
2. Services: Advice, uses, or labors offered through our business and solicited via our Sites.
3. Content: Services, Trademarks, Tradenames, Techniques, Styles, Photographs, Videos, Books, Materials, and any other data and/or information made available through the Sites or by any other means authorized by FinCore, and any copies and derivative works thereof. Content expressly includes any data relating to Services.
4. Licensed Materials: Services and Content, collectively.

General Use

By using or accessing our Sites and/or utilizing our Services, you hereby warrant and represent that you are at least 18 years of age. If you are not 18, you must have the permission of an adult parent or guardian to use our Sites who can legally agree to this Agreement on Your behalf and who will be responsible for your use of our Sites.

Further, by using our Sites or utilizing any Services, you consent to receive electronic communications from FinCore, including through any newsletter or other promotional method we utilize.

Restrictions on Use of Sites and Services

You will not or attempt to:

1. Reverse engineer, decompile, disassemble, or translate the Sites or Services, or other FinCore property, or otherwise attempt to derive the source code, formulae, techniques, trade secrets or know-how in or underlying the Sites, Services, or other FinCore property, or any portion thereof.
2. Interfere with, modify, disrupt or disable features or functionality of the Sites, Services, or other FinCore property, including, without limitation, any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Sites or other FinCore property, unless otherwise authorized by this Agreement or in writing by FinCore;
3. Sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Sites, Services, or other FinCore property to any third party except as expressly permitted herein or otherwise in writing by FinCore;
4. Permit other individuals or entities to create links to the Sites or other FinCore property on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password, or other login credentials to the Sites or other FinCore property, except as expressly authorized; or
5. Use the Sites, Services or other FinCore property for any illegal, unauthorized or other improper purposes.

Payments and Products

User shall pay the full amount, plus any additional taxes, shipping, handling, or other amounts, for all Materials and Services offered by FinCore through the Sites, including e-books and online courses. You agree to provide all payment information necessary via Stripe, Square, or other similar software in order to facilitate payment.

Representations By Users

By Accessing our Sites, soliciting and/or retaining Services, or purchasing Materials, you hereby represent and warrant that:

1. You have the legal right arrange for the provision of Services and understand a separate agreement will be required in order for the Company to provide you with Services;
2. You are the owner of all information provided to FinCore or you have secured all necessary licenses, permits, and other permissions necessary to provide information to FinCore for any use contemplated by this Agreement;
3. You are of at least eighteen (18) years of age;
4. You will not retain our Services for any illicit or illegal purposes;

Communication

You hereby authorize FinCore to communicate with you using any information you provide to FinCore.

Ownership and Feedback

1. Ownership. The Licensed Materials are licensed are not sold, and FinCore retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that FinCore retains all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all Sites therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging FinCore’s ownership of FinCore’s trademarks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting FinCore trademarks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in FinCore trademarks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to FinCore, immediately assign such rights to FinCore.
2. Feedback. You may provide FinCore with comments concerning the Licensed Material, Services, or any other item contemplated by this Agreement, or your evaluation and use thereof (collectively, “Feedback”). You hereby grant FinCore all rights, title, and ownership of such Feedback (including all intellectual property rights therein), and FINC FinCore ORE may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you. Such feedback shall be treated as both non-confidential and non-proprietary and your provision of Feedback shall impose no obligation on the Firm

Other Important Terms

1. User Protection. You will not knowingly: 1) allow or assist any government entities, law enforcement, or other organizations to conduct surveillance on or an investigation into the Licensed Materials or other Firm property or Content or any other information that would require a subpoena, court order, or other valid legal process, or that would otherwise have the potential to be inconsistent with users’ reasonable expectations of privacy; or 2) display, distribute or otherwise make available Content to any person or entity that You reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/).
2. Updates. You acknowledge and understand that the Sites will need to be updated from time to time. You further acknowledge that this Agreement applies to any updated Sites.
3. Additional Warranty Disclaimer. THE SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE FURTHER MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR FROM FINCORE SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
4. Indemnification. You shall defend FinCore against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold FinCore harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of your use of the Licensed Materials or other use of the Content in any manner. In the event FinCore seeks indemnification or defense from you under this provision, FinCore will promptly notify you in writing of the claim(s) brought against FinCore for which it seeks indemnification or defense. FinCore reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third-party agreement, which would, in any manner whatsoever, affect the rights of FinCore, constitute an admission of fault by FinCore or bind FinCore in any manner, without the prior written consent of FinCore. In the event FinCore assumes control of the defense of such claim, FinCore shall not settle any such claim requiring payment from you without your prior written approval.
5. Limitation of Liability. IN NO EVENT WILL FINCORE BE LIABLE TO YOU OR ANY OTHER USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THE SITES OR RESULTING FROM YOUR USE OF SUCH MATERIALS OR FROM YOUR ACCESS OF THIRD-PARTY LINKS VIA THE SITES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW OR THE PROFESSIONAL RULES OF CONDUCT. INSOFAR AS APPLICABLE LAW OR THE PROFESSIONAL RULES OF CONDUCT PROHIBIT ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW AND RULES OF PROFESSIONAL CONDUCT.
6. Not Professional Advice. Nothing on our Sites is intended to be nor should be construed as professional or other advice unless otherwise explicitly stated. In order for FinCore to provide you with advice, we must sign a separate agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications unless and until we enter into a retainer agreement to provide legal Services. Any attempted assignment in violation of this paragraph is null and void, and FinCore may terminate this Agreement. This Agreement does not create or imply any partnership, agency, representation, or joint venture. This Agreement shall be governed by and construed according to the laws of the State of New York, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. Any claim, complaint, or dispute that arises out of or relates in any way to this Agreement, shall be subject to the exclusive jurisdiction of the state and federal courts located in Kings County, New York. All costs and expenses including all reasonable attorneys’ fees will be awarded to the prevailing party in any dispute. ANY PROCEEDINGS, INCLUDING ANY LITIGATION, BROUGHT TO RESOLVE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGAINST FIRM SHALL BE BROUGHT AND CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO ASSERT OR PARTICIAPTE IN ANY CLAIMS AGAINST FIRM AS A REPRESENATIVE, MEMBER, OR OTHERWISE IN ANY CLASS OR REPRESENTATIVE ACTION AND NO INDIVIDUAL ACTIONS SHALL BE COMBINED OR CONSOLIDATED FOR ANY REASON EXCEPT AS PROHIBITED BY APPLICABLE LAW OR RULES OF PROFESSOINAL CONDUCT. Notwithstanding the foregoing, the Firm has the right to seek injunctive and/or other equitable relief with respect to the enforcement of any obligations regarding restrictive covenants, trade secrets, confidential information, inventions, work product or other intellectual property arising under this Agreement in a state of federal court of competent jurisdiction.
8. Incorporated Terms. Your use of the Licensed Material, the Sites, and Our Services is further subject to and governed by the following terms and conditions:
   FinCore Privacy Policy located at: https://fincorestrong.com/privacy-policy/