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PLEASE READ THESE TERMS AND CONDITIONS COMPLETELY BEFORE ACCESSING FINISH RICH MEDIA OR USING ANY OF ITS SERVICES. BY ACCESSING OR USING THE WEBSITE OR SREVICES, YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION, OR YOU DO NOT WISH TO BE BOUND BY ITS OBLIGATIONS, YOU MAY NOT ACCESS THE SITE OR SERVICES AND SHOULD IMMEDIATELY CEASE TO DO SO. FINISH RICH MEDIA MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND YOUR CONTINUED ACCESS AND/OR USE OF THE WEBSITE OR MATERIAL AFTER SUCH CHANGES HAVE BEEN MADE SHALL BE DEEMED CONCLUSIVE AFFIRMATIVE ACCEPTANCE OF SUCH CHANGES.
Description of Service
MyFinishRich.com system ("Finish Rich Media") is a subscription based educational service focusing on helping people understand methods of real estate investing, online stock marketing investing, personal finance, business marketing, entrepreneurship, and ecommerce (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Finish Rich Media disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Finish Rich Media also reserves the right to modify, or temporarily suspend the Service with or without notice at any time and without any liability to you. If requested, you agree that you will sign a non-electronic version of these terms and conditions (hereinafter "Terms and Conditions" or "Agreement").
Free Trial Offer
In the event you wish to subscribe to receive a free trial offer, you will be asked by Finish Rich Media or an authorized third party to supply certain information including your full name, address, telephone number and credit card information. In that event, you agree that Finish Rich Media may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a Service subscription. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and Finish Rich Media will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them. By completing the subscription registration, you authorize Finish Rich Media to charge the applicable recurring subscription fees to your designated billing payment method. Monthly subscribers are billed on a 30-day cycle, which begins upon registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter. Annual subscribers are billed on a 365-day cycle, which begins upon registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 365 days thereafter.
Subscription
The Service is available to users who have a current active subscription. Finish Rich Media will provide each subscribing user with a username and password in order to access the Service. In the event that you do not receive a username or password, or are unable to access the Service with the username and password provided to you, please contact our Customer Care department at 1-866-439-7104. The subscription may be free for a short introductory period. Thereafter, the subscription will automatically renew on a month-to-month basis unless it is cancelled as provided herein.
Price
After any initial free trial period (limited to one free trial period per household), the price for Finish Rich Media is the billing price calculated monthly, quarterly or annually paid based upon your particular subscription. Finish Rich Media reserves the right to change the amount of the subscription, or to institute new fees, charges or costs, upon reasonable notice to you. Prices quoted are generally inclusive of any applicable taxes, including sales taxes, however, Finish Rich Media reserves the right to change this policy at any time.
Payment
Payment will be made by charging the credit card you provided at the time of registration. You hereby authorize Finish Rich Media to charge your credit card for all Services provided to you by Finish Rich Media. Finish Rich Media will charge your credit card on a 30-day billing cycle, quarterly or annually depending upon the billing terms of your account starting at the day of registration, or if applicable, at the conclusion of any qualifying initial free trial period. Finish Rich Media will continue to charge your credit card the monthly, quarterly or annual subscription fee unless or until you cancel your subscription. Please note that Finish Rich Media only accepts credit card payments and does not accept debit card payments. You agree to immediately notify Finish Rich Media in writing if you discover that the card number you provided when you activated your subscription is actually a debit card number. You agree that Finish Rich Media is not obligated to send you any renewal notice or advance billing notice prior to charging your credit card. Subscription fees for previous billing cycles are non-refundable. As your right to the Service is conditioned on receipt of payment, if payment cannot be charged to your credit card, or if a charge is inhibited for any reason, Finish Rich Media reserves the right to immediately suspend or terminate the Service without notice. Any suspension or termination does not cancel your obligation to pay any amounts that may you may owe at the time of suspension or termination. To request information about your subscription such as your billing terms, you may email Finish Rich Media at: support@MyFinishRich.com. License; Restrictions on Use You are granted a nonexclusive, nontransferable, limited license to access and use the website and the Service for personal non-commercial educational purposes only. This license includes: (a) The right to participate in live teleconference calls with Finish Rich Media coaches; (b) The right to access the Resources Center; (c) The right to call the hotline center; and (d) The right to download ebooks, special reports and archived audios. Personal Use The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are fully responsible for all activities that occur thereunder. Finish Rich Media reserves the right to refuse service to anyone at any time without notice for any reason. You agree that you will not attempt to gain unauthorized access to any Finish Rich Media website, Service, systems or accounts through hacking or any other means, nor assist anyone else directly or indirectly to do the same. You agree to notify Finish Rich Media immediately if you become aware of or suspect any unauthorized access or use of your account.
Proper Use
Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Finish Rich Media Privacy Policies ("Privacy Policies"). You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any unauthorized third party to: (i) use the Service; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates these Terms and Conditions. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Finish Rich Media reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Interactive Message
Boards and Chat
Finish Rich Media hosts message boards or other public forums and chats as part of its Service. Such public forums are intended to serve as discussion centers for subscribers and the information posted therein may come from Finish Rich Media, outside contributors, or subscribers. Though message boards are intended to be open forums, failure to comply with the terms and conditions of this Agreement or additional terms of the message boards may result in you being denied access to such public forums. Finish Rich Media expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or posted in these forums. The opinions expressed in the forums are solely the opinions of the participants and do not reflect the opinions of Finish Rich Media or any of its subsidiaries or affiliates. Finish Rich Media is not responsible for any errors or omissions in such postings, or to correct any error. Additionally, Finish Rich Media has no obligation to monitor the content or postings but reserves the right to do the same at its sole discretion, and reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason. This right also grants Finish Rich Media permission to disclose postings and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations and you are responsible for adhering to such limitations. Denial of access to interactive message boards and public forums due to failure to adhere to the terms and conditions of this Agreement or the terms of the message board does not invalidate your subscription, nor entitle you to any type of refund.
Your Contributions
You acknowledge and agree that by sending, transmitting, submitting, contributing, posting, responding or otherwise interacting with the website and Service that Finish Rich Media may receive or obtain content, concepts, information, ideas, suggestions, comments from you ("Contributions"). You hereby grant Finish Rich Media or its designees a worldwide, non-exclusive, royalty-free, perpetual, assignable, irrevocable right to use, reproduce, distribute, publicly display or perform, sell or transfer, actual or derivative works, such Contributions in any media or medium, whether known or hereafter developed, for any and all purposes whatsoever, without notice or compensation to you. This right shall be a fully paid royalty free license to Finish Rich Media or any affiliate, or any subsequent acquirer of all or a portion of Finish Rich Media. Third Party Content Some of the content of the Service may be provided by third-parties. Finish Rich Media provides this content for educational purposes and does not have editorial license to modify it. The advice, statements, opinions and claims expressed by such providers are those of the respective authors, and Finish Rich Media is not responsible for its accuracy, completeness or usefulness. Making third-party content available to you should not be viewed as an endorsement by Finish Rich Media.
Intellectual Property Rights
You acknowledge that Finish Rich Media, its affiliates or other third-parties own all rights, title and interest in and to the Service, including without limitation all intellectual property rights (the "Finish Rich Media Rights") including but not limited to copyrights, trademarks, service marks, and patents, and such Finish Rich Media Rights are protected by U.S. and international intellectual property laws. Accordingly, other than as provided herein, you agree that you will not copy, reverse engineer, reproduce, alter, modify, distribute, transmit, display, perform, publish, license or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Finish Rich Media Rights include rights to (i) the Service developed and provided by Finish Rich Media and its affiliates; and (ii) all software associated with the Service. You will not access the Service by means other than provided by Finish Rich Media nor use the Service in a way that inhibits, overburden or impairs Finish Rich Media's ability to provide the Service. The Finish Rich Media Rights include protection of third-party content used or provided as part of Service, including the content of communications appearing in the Service. You will not violate any local, state, national or international law or use the website and Service for any unlawful or prohibited purpose.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Finish Rich Media to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Privacy
As a condition to using the Service, you agree to the terms of the Finish Rich Media Privacy Policy as it may be updated from time to time. You agree that Finish Rich Media may monitor, edit or disclose your personal information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Finish Rich Media Privacy Policy. Finish Rich Media may use, sell or transfer individual information to affiliates or third-parties for any purpose in its sole discretion.
Finish Rich Media
may transfer information to third-parties when necessary to provide a product or service that a person requests and to third-party content providers and to fulfill order requests for products or services. Finish Rich Media may sell or transfer non-personally identifiable information, such as summary or aggregated anonymous information about all persons or sub-groups of persons. Finish Rich Media stores information in databases on its computers. The computer systems have security measures (such as a firewall and monitoring) in place to protect against the loss, misuse, and alteration of the information under Finish Rich Media's control. Finish Rich Media cannot guarantee that its security measures will prevent its computers from being illegally accessed.
Account Deactivations
After a period of inactivity (3 months), Finish Rich Media reserves the right to deactivate or terminate a user's account. If an account has been deactivated for inactivity, the username and password associated with that account will be inactivated and use of the Service will no longer be available to such user. You may reactivate your account for the time remaining on your subscription by contacting Finish Rich Media, but your account will not be credited for any period of inactivity. Finish Rich Media also reserves the right to immediately and without notice either suspend or terminate your access and account in its sole discretion. If your subscription is terminated by Finish Rich Media, you may be entitled to a refund, upon request, for the unused portion of your membership billing period. Termination of your subscription by Finish Rich Media does not relieve you of your obligations under this Agreement or for amounts you may owe Finish Rich Media. Publicity Any use of Finish Rich Media's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features or other intellectual property is prohibited. Your subscription grants you a limited license to review and utilize the educational materials contained on Finish Rich Media, but you do not acquire any ownership rights to any of the content, brand, or similar intellectual property, including any such content or brand of third-party contributor(s) made available to you by Finish Rich
Media.
Termination; Cancellation You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by calling the telephone number listed on our website at http://www.MyFinishRich.com/contact_us.html, or by contacting Finish Rich Media at 1- 866-439-7104 or via mail at 243 5th Avenue suite 442, New York, NY 10016-8703. Cancellation must be made prior to close of business on the last day of the applicable billing period (whether monthly, quarterly or annual) in order to avoid charges to your credit card for the subsequent billing period. In the event that you do not give the required notice of cancellation, your subscription will automatically renew on a month-to-month, quarterly or annual basis based upon your subscription. Upon receipt of a user's notice of termination, Finish Rich Media will immediately inactivate the subscription account and the user will no long have access to the Service. Terminations are not applied retroactively. Canceling a monthly, quarterly or annual subscription may be done at anytime during the subscription period, but the subscription charges already assessed will be retained by Finish Rich Media in full, and there will be no partial refunds, offsets, credits, adjustments or pro-rations for any underutilize, or unused portions of the Service. Warranty of Service for Annual Subscriptions If you have an annual subscription, your subscription includes a limited Warranty of Service. The Warranty of Service provides that if you comply with the following criteria for throughout the year, and have not experienced success equivalent to your enrollment investment, upon providing credible proof of your commitments, Finish Rich Media will provide you with a full refund of the enrollment investment. In order to be eligible for a full refund under the limited Warranty of Service, you must provide written proof to Finish Rich Media that you have: (1) Communicated at least four times a month with a coach or mentor through the website or the Hotline; (2) Document that you have invested at least 20 hours a month into your education and development, and (3) affirm that you have not experienced success equivalent to your enrollment investment, and state what level of success you have experienced.
Content Disclaimer
The content of the website and Service is for educational and informational purposes only and should not be used as a source of legal, accounting, tax, insurance, or investment advice. Always consult a qualified professional before making decisions. Any inaccurate representation of places, persons, or organizations is unintentional. Samples, examples and illustrations contained within the Service are also provided for educational purposes, and while all attempts have been made to provide accurate information, neither Finish Rich Media nor any affiliate, agent or third-party content provider make any promise or guarantee about the accuracy, completeness or usefulness of the information. You are directed to seek the advice of professionals, as appropriate to your circumstances, regarding the usefulness or applicability of any information, opinion, advice or content on the website or Service. Disclaimer of Warranties FINISH RICH MEDIA WEBSITE AND SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINISH RICH MEDIA AND ITS AFFILIATES, SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT YOUR USE OF THE WESITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY INFORMATION CONTAINED ON THE WEBSITE OR PROVIDED BY THE SERVICE IS ACCURATE OR COMPLETE; OR THAT THE WEBSITE OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO YOUR COMPUTER OR DATA. YOUR USE OF THE WEBSITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
Limitations of Liability
FINISH RICH MEDIA ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICE EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY FINISH RICH MEDIA. IN NO EVENT SHALL FINISH RICH MEDIA'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY WEBSITE OR SERVICE.
Indemnification
You agree to defend, hold harmless and indemnify Finish Rich Media, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim, damage, loss, cost or expense arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including claims for breach of contract and unauthorized use of the website or Services. This provision shall survive the termination of the relationship between the parties. Choice of Law; Jurisdiction, and Severability These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Utah County, Utah, and you irrevocably agree to the venue and jurisdiction of such courts. These Terms and Conditions constitute the relationship between the parties. Failure of Finish Rich Media to enforce any right or provision shall not constitute a waiver of such right. If any provision is found unenforceable by a court of competent jurisdiction, such will not render the other Terms and Conditions unenforceable and such remaining provisions will remain in full force and effect. Your right to the Services is not assignable, transferable or sub-licensable. Finish Rich Media is located in the United States. If you are located in the European Union or anywhere else outside the United States, any information you provide will be transferred to the United States, and your use of Finish Rich Media in any manner affirms that you consent to such information being transferred to and used in the United States.
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