Finsphere Corporation Website Terms and Conditions of Use

Effective: November 1, 2008

Thank you for visiting Finsphere.com (the “Site”) and reviewing our website terms and conditions of use policy (the “Terms”).

Site Terms

BY USING FINSPHERE.COM, SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE, OR BY PROVIDING ANY CONTENT TO US, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THE SITE OR PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.

Privacy

We believe that the protection of personal privacy is very important and we take steps to meet the privacy principles and requirements with respect to personal information under applicable privacy legislation in all countries and regions in which we provide services. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personal information.

Use of Site

The Site and all information and materials included on the Site or provided to you through the Site (the “Content”) are only for your personal use. You will not use the Site or any Content for commercial purposes. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site any Content provided through or obtained from the Site. You will not use the Site or any Content in any way that is unlawful, or harms Finsphere and/or its partners.
Finsphere prohibits to the maximum extent allowable the resale, redistribution, and use of the Content for commercial purposes. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Our Site, including the Content, is protected by intellectual property laws throughout the world. Finsphere and its suppliers or partners reserve all rights not expressly granted to you in these Terms.
This Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including Content) from the Site in violation of U.S. export laws, regulations or these Terms.

Trademarks

Finsphere and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Finsphere Corporation and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

Registration and Creating Profiles

For some areas of the Site, you may have to complete a registration process or create a profile (e.g., to schedule a customized business analysis, register for a webinar, receive more in-depth content or download files). In order to create a profile, we may request you to provide us with certain personal information, as outlined in our Privacy Statement, and to sign an NDA agreement with Finsphere Corporation. By registering with the site, you will be required to provide a user name and password or other identifier. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or Finsphere has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, we may suspend or terminate your access, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work, as being a use made by you, even if someone else used your identifier. If you become aware of any misuse of your user name or password, you must contact Finsphere immediately.

Site Activities

The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. You agree that Finsphere will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

Warranty Disclaimer

FINSPHERE IS PROVIDING THE SITE AND THE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. FINSPHERE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. FINSPHERE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.

Limitation of Liability

IN NO EVENT SHALL FINSPHERE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FINSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. FINSPHERE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

Indemnification

You agree to indemnify, defend, and hold Finsphere and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including without limitation, your connection to the Site, your violation of the Terms, unauthorized use of the site using your credentials, or your violation of any rights of another party.

Links to Other Sites

Our Site may contain hyperlinks and pointers to Internet sites maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products or services on such third-party sites and are not responsible for their content. Many third-party sites have their own privacy policies that differ from ours. Our privacy policy only covers our Site and does not cover any other site. While we make every effort to keep your information secure, we do not control the policies of other sites.

General Terms

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Washington, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts of King County, Washington, U.S.A.

Changes to Terms and Conditions of Use

We may make changes in these Terms from time to time. When we do so, we will post the revised Terms on our Site. You should periodically visit this page to examine the current Terms. Your use of the Site following the posting of changes or modifications to the Terms will constitute your acceptance of the revised Terms.

Contacting Finsphere

We would like to receive your comments and questions about this Site, these Terms and any other matter you have regarding our Site. Please address comments or questions to us via e-mail or postal mail.

You can submit e-mails to:

You may also contact us by mail at:
505 106th Ave NE
Suite 200
Bellevue, WA 98004