 |
1.0 Agreement
These Terms and Conditions (the “Website Terms and Conditions”)
govern your use of the Website, your receipt of any services
and information through the Website, and your use of any demonstrations
versions of Family Financial Centers services available through
the Website (collectively, “the services”). The Services are
provided by Family Financial Centers, (collectively, “FFC”),
and these Website Terms and Conditions constitute an agreement
between you and Family Financial Centers Other services available
from Family Financial Centers or third parties through this
Website may be governed by separate agreements. In the event
of any conflict between these Website Terms and Conditions
and/or our Privacy Policy and any separate agreement you have
executed or otherwise entered into with Family Financial Centers
regarding subscription services available through this Website,
the terms of such separate agreement shall control. Please
read these Website Terms and Conditions carefully; they impose
legal obligations on you. By accessing our Website or using
the Services, you are acknowledging that you have read and
understood these Website Terms and Conditions and agree to
be legally bound by them. In addition, if you register as
a user (a “Subscriber”) of any of the features of our Website
or Services offered through our Website, during the registration
process (and from time to time as Family Financial Centers
may require) you will be prompted to click an “I Accept,”
“Submit” or similar button, which further confirms your agreement
to be legally bound by these Website Terms and Conditions.
2.0 Forward Looking Statements
This Website contains forward-looking statements within the
meaning of the Safe Harbor provisions of the Private Securities
Litigation Reform Act of 1995. Such statements include any
statements regarding our future financial performance, future
operating results or our plans or expectations for our company
and our business. These statements are based on management’s
current expectations and beliefs and involve known and unknown
risks, uncertainties and other factors that may cause actual
results to be materially different from those contemplated
by the forward-looking statements. For further information
on risk factors affecting our company and our business, please
refer to our most recent annual, quarterly and other (e.g.
Form 8-K) reports filed with the Securities and Exchange Commission.
3.0 Conditions on Participation
You may use the Services only if: (i) you are eighteen (18)
years of age or older and are of the age of consent in your
jurisdiction; (ii) your use of the Services will not violate
any law in any applicable jurisdiction, including, but not
limited to, United States export controls; (iii) you do not
engage in any conduct that will impede, impair or interfere
with the functioning of the Services; and (iv) you agree to
be bound by and abide by all of the provisions of these Website
Terms and Conditions.
4.0 Purpose of Services
The Services are made available solely as a convenience to
you for general informational purposes. Top
5.0 Disclaimer regarding Content
Family Financial Centers cannot and does not guarantee that
the information in the Services is accurate, reliable, current,
complete or appropriate for your needs. Certain information
accessible through the Services may be provided by users of
the Services or by parties with whom Family Financial Centers
has no relationship. Other information that Family Financial
Centers obtains from third parties, such as the New York Stock
Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones
(collectively, the “Data Providers”), is obtained from sources
believed to be reliable. Nevertheless, due to various factors,
including the inherent possibility of human and mechanical
error, the accuracy, completeness, timeliness, results obtained
from use or correct sequencing of the information in the Services
is not and cannot be guaranteed by Family Financial Centers
or by any persons creating or transmitting such information.
6.0 Ownership of Information; Downloading of Materials;
Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and
to the Website, and information made available in the Services,
in all languages, formats and media throughout out the world,
including all copyrights and trademarks therein, are and shall
continue to be the exclusive property of Family Financial
Centers, its affiliates or Data Providers, or used under principles
of “fair use.” Certain materials may be made available for
download from this Website. Subject to these Website Terms
and Conditions, Family Financial Centers grants you permission
to download and copy such materials solely for your internal,
non-commercial use; provided that all copyright notices appearing
on the originals are duplicated on all copies thereof; and
provided further, that you do not modify the materials in
any way. Without limiting any other right or remedy available
to Family Financial Centers, at law or in equity, the permission
herein granted will automatically terminate in the event you
breach the terms of this paragraph and, in such event, you
must destroy immediately all downloaded materials in your
possession, custody or control. EXCEPT AS OTHERWISE EXPRESSLY
PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE,
RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST
OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER
OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT
THE PRIOR EXPRESS PRIOR WRITTEN CONSENT OF Family Financial
Centers AND/OR THE RELEVANT DATA PROVIDERS. IN ADDITION, YOU
SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF Family
Financial Centers AND THE RELEVANT DATA PROVIDERS, MAKE COPIES
OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED,
ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE
WORKS. YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION
MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE
AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY Family Financial
Centers TO PROTECT THE RESPECTIVE RIGHTS OF Family Financial
Centers, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS
IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH
THE SERVICES.
7.0 Our Data Providers' Requirements
These Website Terms and Conditions are subject to any requirements
of Family Financial Centers’s Data Providers under Family
Financial Centers’s agreements with such Data Providers, including
such additional financial and contractual requirements as
may be imposed by such Data Providers from time to time.
8.0 Disclaimer regarding Links and Other Third Party Content
From time to time, the Services may provide you with the ability
to access certain content from third parties, through links
to the websites of such other parties or through content that
other parties, themselves, post on the Website. When you access
such third party content, YOU PROCEED AT YOUR OWN RISK. Family
Financial Centers does not guarantee that it will screen such
content or that such content will be accurate, free from errors,
consistent with what it purports to be or appropriate to fit
your needs. You agree that Family Financial Centers shall
not be held liable for any trading activities or other activities
that occur on any website you access through links on the
Website. We provide these links as a convenience, and do not
endorse the content or services offered by these other sites.
If Family Financial Centers permits users of the Services
to post content to the Website, Family Financial Centers reserves
the right to screen such content but does not guarantee that
it will do so. All decisions on whether or not to retain,
disseminate or remove content posted by users shall be made
by Family Financial Centers in its sole discretion. Users
are prohibited from using the Services to violate any laws
or to violate the rights of Family Financial Centers or of
any third parties, all as further provided in our Subscriber
Code of Conduct, below.
9.0 Subscriber Code of Conduct
When you register as a Subscriber at our Website, you gain
access to a range of Services, including the ability to participate
in our chat room, exchange instant messages, post messages
to bulletin boards, and share files. The following Subscriber
Code of Conduct governs your use of these areas and any other
interactive areas on our Website: I agree that I will not
upload to, post at, or transmit through the Website:
(i) any materials that restrict or inhibit any other user
from using and enjoying the Website;
(ii) any materials that are unlawful, threatening, abusive,
defamatory, obscene, offensive, pornographic, profane, or
indecent, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate applicable
law or regulation;
(iii) any materials that violate or infringe the rights of
others, including without limitation rights under copyright,
trademark, or patent law; rights of privacy or publicity;
or rights under securities or other applicable law; or
(iv) any materials that contain a virus or other harmful or
illegal component.
I further agree that I will not:
(i) (i) alter, damage or delete any materials appearing on
the Website; (
ii) (ii) disrupt the normal flow of communication on the Website,
such as through “spam” email or by other means;
(iii) claim a relationship with or speak for any business,
organization, or person for which I am not authorized to claim
such a relationship; or
(iv) violate any operating rule, policy or guideline of my
Internet access provider or online service. We reserve the
right to prohibit or restrict conduct within an Interactive
Area, and reserve the right to edit, refuse to post, or to
remove any content, in whole or in part, which in our sole
discretion we believe violates our Subscriber Code of Conduct,
or is otherwise objectionable.
10.0 Shared Files; Information You Download
Family Financial Centers cannot and does not guarantee or
warrant that information available for downloading through
the Family Financial Centers Website will be free of infection
or viruses, worms, Trojan horses or other code that manifests
contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to
Family Financial Centers for the reconstruction of any lost
information.
11.0 Materials You Post; Your License to Other Users
By posting or transmitting, inputting or uploading information
or content (“Content”) to the Website, you warrant that such
Content does not infringe the rights of third parties. In
addition, you automatically grant Family Financial Centers,
Family Financial Centers users, and Family Financial Centers
Subscribers under your intellectual property rights, a royalty-free,
perpetual, non-exclusive, worldwide license (with the right
to grant sublicenses) to use, copy, modify, distribute, publicly
display, perform, and otherwise exploit such Content, without
compensation to you.
12.0 Complaints over Perceived Infringement
Family Financial Centers respect’s intellectual property rights.
We will use efforts that are commercially reasonable in light
of available resources to accommodate generally accepted technical
measures used by copyright owners to identify and protect
their copyrighted works. If you believe that materials posted
on our Website infringe your rights under copyright law in
specific materials (collectively, a “Work”), we request that
you follow the procedure described below to notify us of your
concerns or objections. In turn, we agree to respond to your
notice, as outlined below, and remove, or disable access to
material that you believe infringes your Work.
12.1. Family Financial Centers 's Designated Agent: If you
believe materials posted on our Website infringe the copyright
in your Work, you must direct your concerns to our agent,
designated under the Digital Millennium Copyright Act (17
U.S.C. §512) to respond to such concerns (our “Designated
Agent”): Email: Family Financial Centers 411-E Caredean Drive
Horsham, PA 19044
12.2. Content of Notice: You should notify our Designated
Agent of your concerns as follows: (i) Place your concerns
in writing, and sign the document; (ii) (ii) Identify the
Work which you believe is being infringed; (iii) Identify
the material on our Website which you believe infringes your
Work, and identify this material in a sufficient manner to
permit us to locate the material without undue searching;
and (iv) (iv) Provide in your notice sufficient information
for us to contact you, including an address, telephone number
and, if available, an e-mail address. To qualify for protection
under this Section, you must believe in good faith that the
challenged use is unauthorized, and all statements in your
notice must be accurate, and signed under penalty of perjury.
12.3. Our Response; Upon receipt of a proper notice in the
form specified above (a “Notice”), we will remove or disable
access to the materials on our Website which you assert infringe
your Work. We will also take steps to promptly notify the
person or persons responsible for the allegedly infringing
materials (the “Respondent”) that we have removed or disabled
access to the materials. Under the Digital Millennium Copyright
Act, the Respondent is provided an opportunity to dispute
your claim that his or her materials infringe your Work. By
law, the Respondent may provide us with a “counter-notification.”
Upon receipt of a proper counter-notification, we will act
as provided in the Digital Millennium Copyright Act.
13.0 Disclaimer regarding Investment Decisions and Trading
Decisions to buy, sell, hold or trade in securities and other
investments involve risk and are best made based on the advice
of qualified financial professionals. Any trading in securities
or other investments involves a risk of substantial losses.
The practice of “Day Trading” involves particularly high risks
and can cause you to lose substantial sums of money. Before
undertaking any trading program, you should consult a qualified
financial professional. Please consider carefully whether
such trading is suitable for you in light of your financial
condition and ability to bear financial risks.
14.0 No Advice or Solicitation
The Services are for informational purposes only and should
not be used or construed as an offer to sell, a solicitation
of an offer to buy, or an endorsement, recommendation or sponsorship
of any company or security by Family Financial Centers, its
affiliates, officers, directors, employees or agents. You
acknowledge and agree that neither the Website nor any of
the Services is intended to supply investment or financial
advice. Family Financial Centers offers no advice regarding
the nature, potential value, or suitability or any particular
security, transaction, investment or investment strategy.
You acknowledge and agree that the use of the Website and
Services, and any decisions made in reliance upon the Website
and Services, are made at your own risk.
15.0 Product Demonstrations
All product demonstrations (“demos”) may only be used during
the time periods specified for which they are offered. All
demos must be used in accordance with any accompanying instructions
and may not be used for any reason other than their intended
purpose.
16.0 Professional/Non-Professional Status
With respect to Services involving the receipt of financial
market information, if you are a professional broker, dealer
or trader or employed by or conducting business in the securities
industry, you must agree to be bound by Family Financial Centers’s
agreements with the Data Providers before utilizing the Services
for commercial purposes. If you are not such a professional,
you agree to use the Services solely in your own individual
capacity, and solely in connection with your own individual
personal investment activities and not in connection with
any trade or business activities If you are such a professional,
you must contact Family Financial Centers at Customer Service
to obtain such agreements. Unless you have obtained and executed
such agreements, you hereby represent and warrant: (i) that
you meet and comply with all NYSE, AMEX and NASDAQ requirements
for qualification as a Non-professional Subscriber; (ii) that
you are acting solely in your own individual capacity to use
the Services solely in connection with your own individual
personal investment activities and not in connection with
any trade or business activities; and (iii) that you are a
sophisticated investor. You acknowledge and agree that if
your status with respect to any of the foregoing statements
is affected or changed in anyway, you shall promptly contact
Family Financial Centers Customer Service to obtain relevant
exchange agreements. Top
17.0 Access and Security
You accept responsibility for the confidentiality and use
of any access codes, account numbers and customer codes numbers
that you may receive for your access to and use of the Services.
You accept responsibility for all time used and all activity
that occurs through or under your access codes, customer numbers
and/or account numbers. You agree to notify Family Financial
Centers immediately if you become aware of any loss, theft
or unauthorized use of your access codes and/or account numbers.
18.0 Disclaimer of Warranties and Limitation of Liability
You agree that neither Family Financial Centers, its affiliates,
officers, directors, employees, agents or representatives,
nor the Data Providers, nor any officer, director, employee,
agent, affiliate or representative thereof shall have any
liability, contingent or otherwise, for the truthfulness,
accuracy or timeliness of the Services or the truthfulness,
accuracy, timeliness, completeness or correct sequencing of
the information made available through the Services, or for
any decision made or action taken by you in reliance upon
such information or the Services, or for interruption or delay
of any data, information or any other aspect of the Services.
THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY,
NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE
SERVICES OR INFORMATION MADE AVAILABLE VIA THE SERVICES. YOU
RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD
BE CHECKED BEFORE YOU RELY ON IT. IN NO EVENT WILL Family
Financial Centers OR THE DATA PROVIDERS BE LIABLE TO YOU,
YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES
THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF
THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE),
EVEN IF Family Financial Centers OR THE DATA PROVIDERS HAVE
BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY
OF ANY OF THE FOREGOING. YOU ACKNOWLEDGE THAT DOCUMENTS POSTED
TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER
VIRUSES. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE,
IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER
ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES
WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY
MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION
WITH OUR WEBSITE. By way of example, and not by way of limitation,
neither Family Financial Centers nor the Data Providers shall
be liable for any loss resulting from a cause over which such
entities do not have direct control, including but not limited
to, the failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, unauthorized
access, theft, your errors, or events of force majeure.
19.0 Indemnification
You agree to indemnify and hold harmless Family Financial
Centers, its affiliates, officers, directors, employees, agents
and representatives and the Data Providers and their respective
officers, directors, employees, agents and representatives,
from and against any and all claims, losses, liability, costs
and expenses (including, but not limited to, reasonable attorneys’
fees) arising from or relating to your use of the Services
or the information made available through the Services, and/or
your violation of these Website Terms and Conditions or any
third party’s rights, including, but not limited to, copyright,
proprietary and privacy rights.
20.0 Modification and Termination of Website; Modification
of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions,
Family Financial Centers reserves the right, in its sole discretion,
at any time, to change or modify from time to time and/or
terminate (i) this Website, (ii) any particular Services made
available via this Website, or (iii) these Website Terms and
Conditions. Your use of our Website following any such change
constitutes your agreement to follow and be bound by the Website
Terms and Conditions, as changed.
21.0 Data Providers Enforcement Right
Data Providers may enforce these Website Terms and Conditions
against you by legal proceedings or other appropriate means
Top
22.0 Personal Data
Your provision of personally identifiable information, and
our use of such information, is governed by our Privacy Policy.
Please read that agreement to learn how we handle and safeguard
such information.
23.0 Force Majeure
In addition to applicable disclaimers, stated above, Family
Financial Centers’s performance under these Website Terms
and Conditions and the Services shall be excused in the event
of interruption and/or delay due to causes beyond its reasonable
control, such as acts of God, acts of any government, war
or other hostility, civil disorder, the elements, fire, earthquake,
explosion, acts of terrorism, power failures, equipment failure,
industrial or labor dispute, acts of Data Providers or other
third party information providers, third party software or
communication method interruption.
24.0 Entire Agreement
These Website Terms and Conditions and our Privacy Policy
relate only to this Website, embody the entire understanding
between the parties with respect to this Website and supersede
any and all prior representations and agreements, if any,
oral or written, with respect to this Website. In the event
of any conflict between these Website Terms and Conditions
and/or Privacy Policy and any separate agreement you have
executed or otherwise entered into regarding subscription
services available through this Website, the terms of such
separate agreement shall control.
25.0 Severability
Should any provision of these Website Terms and Conditions
or any provision of our Privacy Policy be held to be void,
invalid, unenforceable or illegal by a court, such provision
shall be valid and enforceable to the extent permitted by
applicable law, and the validity and enforceability of the
other provisions shall not be affected thereby. Failure of
any party to enforce any provision of these Website Terms
and Conditions or of the Privacy Policy shall not constitute
or be construed as a waiver of such provision or of the right
to enforce such provision.
26.0 Choice of Law; Choice of Forum
These Website Terms and Conditions and our Privacy Policy
shall be interpreted in accordance with the laws of the State
of New York, U.S.A. In any action arising under these Website
Terms and Conditions or our Privacy Policy, you consent to
the jurisdiction and venue of the courts of the State of New
York. Family Financial Centers makes no representation that
the Services or the Website is appropriate or available for
use in locations outside the United States, and access to
this Website from locations where the provision of such information
or Services may be illegal is prohibited. Users who determine
to access this Website from such locations do so on their
own initiative and are responsible for compliance with all
applicable local laws.
27.0 Assignment
These Website Terms and Conditions shall not be assignable
by you, either in whole or in part. Family Financial Centers
reserves the right to assign its rights and obligations under
these Website Terms and Conditions.
28.0 Survival
Sections 1 (Agreement), 2 (Forward Looking Statements), 5
(Disclaimer Regarding Content), 6 (Ownership of Information;
Downloading of Materials; Retransmission and Redistribution
of Data), 8 (Disclaimer Regarding Links and other Third Party
Content), 10 (Shared Files; Information You Download), 11
(Materials You Post; Your License to Other Users), 13 (Disclaimer
Regarding Investment Decisions and Trading), 14 (No Advice
or Solicitation), 15 (Product Demonstrations), 17 (Access
and Security), 18 (Disclaimer of Warranties and Limitation
of Liability), 19 (Indemnification), 21 (Data Providers Enforcement
Right), 24 (Entire Agreement), 25 (Severability), 26 (Choice
of Law; Waiver of Laws; Choice of Forum), 27 (Assignment)
and this Section 28 (Survival) of these Website Terms and
Conditions shall survive the termination of these Website
Terms and Conditions and shall apply indefinitely.
29.0 Your Consent
By using our Website, you agree to comply with, and be bound
by these Website Terms and Conditions. If you do not agree
with some, or all of these Website Terms and Conditions, you
are not authorized to visit our Website.
|