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Fintech Service Terms & Conditions |
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Copyright © 2009. Financial-Information-Services, Inc. This site is protected by copyright and trademark laws under U.S. and international law. All rights reserved.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE FINTECH.NET WEB SITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!
Fintech may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the Fintech.net FTX web site because your continued usage of the Fintech FTX web site (the Fintech.net web site homepage of which is at http://www.fintech.net) after any changes to these Terms and Conditions will mean you accept those changes.
Section 1. Fintech Privacy Policy
Fintech's position on the privacy of its customers and visitors to this web site can be found in the Fintech Privacy Policy.
Section 2. Use of Content - Copyright
Upon acceptance of these Terms and Conditions, Fintech authorizes you to view or download a single copy of the material on this web site solely for your personal, informational and noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the Fintech.net web site. Elements of the Fintech.net web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Fintech.net web site may be copied or retransmitted unless expressly permitted by Fintech. Special rules or license terms may apply to the use of certain software and other items provided to you via the Fintech.net web site (collectively, "Software"). Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Software.
The contents of the Fintech.net web site ("Content"), such as text, graphics, data, images, Software and other material are protected by copyright and other laws in both the United States and other countries, and title to the Content shall not pass to you or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Fintech. you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by Fintech, use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Fintech. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content
Section 3. Access to Fintech Systems and Information through the Fintech.net web site
The Fintech.net web site provides access to certain Fintech computer and network services ("Fintech.net Systems") for the purpose of retrieving information and data regarding Fintech.net package shipping and delivery services ("Information"). Subject to compliance with each of the terms of this Agreement, Fintech agrees to permit you to access the Fintech Systems via the Fintech.net web site for the sole purpose of obtaining Information. Following are certain requirements regarding such access:
- The Fintech Systems and the Information are to be used solely by you in connection with Fintech related business conducted by you. Without limitation, the tracking, rating and time in transit functions may be used only in connection with shipments tendered by you, to you, or on your behalf to Fintech for delivery and for no other purpose.
- You may not use or access the Fintech Systems in any way which, in Fintech's judgement, adversely affects the performance or function of Fintech Systems or the Fintech.net web site or interferes with the ability of authorized parties to access the Fintech Systems or Fintech.net web site. Without limitation of the foregoing, you may not use automatic inquiry engines to interact with Fintech Systems or obtain Information.
- You may not mask or misrepresent your identity when using the Fintech.net web site or Systems. you may not gain access, or attempt to gain access, by any means, to any Fintech computer system or database, other than Fintech Systems to which you are expressly permitted access via the Fintech.net web site. you shall use or disclose the Information only in connection with packages shipped by or to you or on your behalf.
- Fintech may terminate, update, alter or supplement any or all of Fintech Systems and services and Information available from the Fintech Systems. While Fintech does not at this time charge for use of Fintech Systems or the Information, Fintech may assess charges for any or all of such items in the future, in its sole discretion, by providing notice of such charges to you and restricting access to Fintech Systems and Information absent your agreement to pay such charges. By permitting limited usage of Fintech Systems via the Fintech.net web site and as permitted herein, Fintech does not convey any interest in or to Fintech Systems or any other Fintech property or services. All right, title and interest in and to Fintech Systems and the Information is and shall remain in Fintech.net.
- If Fintech in its sole judgment believes either (i) that Fintech Systems or Information are being used for a purpose not approved by Fintech or in violation of any law, regulation or ruling, (ii) that Fintech's or any third party's rights or interests are jeopardized or potentially exposed to liability or damage, or (iii) that you are in default under this Agreement, Fintech may immediately terminate your access to Fintech Systems.
Section 4. Limitation of Fintech's Liability - Disclaimer of Responsibility for Damages
Fintech makes no representations about the results to be obtained from using the Fintech.net web site, Fintech Systems, the Information or the Content. The use of same is at your own risk.
WHEN USING THE FINTECH.NET WEB SITE AND FINTECH SYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF FINTECH AND ITS SUPPLIERS. ACCORDINGLY, FINTECH ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.
THE FINTECH.NET WEB SITE, FINTECH SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FINTECH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FINTECH, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE FINTECH.NET WEB SITE OR FINTECH SYSTEMS.
IN NO EVENT SHALL FINTECH, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE FINTECH.NET WEB SITE BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE FINTECH.NET WEB SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINTECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FINTECH SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Section 5. Links
The Fintech.net web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Fintech of the content on such third-party web sites. Fintech is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. your use of third-party web sites is subject to any applicable terms and conditions of use for such sites. Linking to any page of the Fintech.net web site other than http://www.fintech.net through a plain text link is strictly prohibited in the absence of a separate linking Agreement with Fintech. Any web site or other device that links to http://www.fintech.net is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Fintech is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Fintech, (e) presenting false information about Fintech products or services, and (f) using any Fintech logo or mark without permission from Fintech.
Section 6. Indemnity
You agree to defend, indemnify and hold Fintech, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software) in a manner that violates or is alleged to violate these Terms and Conditions.
Section 7. Compliance With Law Including Export Control
You agree in utilizing the Fintech.net web site, Fintech Systems, Information and Content. you will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.
The United States and certain other jurisdictions control the export of products and information. you agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. By downloading the Content (including Software), you are representing that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).
Section 8. General
Fintech is based in Tampa, Florida, the United States of America. Fintech makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Fintech.net web site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
Section 9. Jurisdiction
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE FINTECH.NET WEB SITE, FINTECH SYSTEMS, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF FLORIDA, UNITED STATES OF AMERICA AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVICED FOR UNDER THE APPLICABLE LAWS IN EFFECT IN THE STATE OF GEORGIA. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, excluding (i) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 10. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND FINTECH OR IN THE FINTECH RATE AND SERVICE GUIDE AND TARIFF, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND FINTECH WITH RESPECT TO THE USE OF THE FINTECH.NET WEB SITE, FINTECH SYSTEMS AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.
Contacting Fintech
If you have questions about these terms and conditions, the practices of this site, or your experience on any of our web sites, you can contact:
Fintech Development
Financial Information Technologies, Inc.
7702 Woodland Center Blvd. Suite 50
Tampa, FL 33614
Phone: 1-800-572-0854
information@fintech.net
Comments, suggestions or materials sent or transmitted to Fintech.net shall be deemed to be non-confidential. Fintech shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
Revised: December 10th, 2009
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"Fintech allows our company to streamline our accounts receivables& and Fintech's invoice processing allows us to provide our customers with an efficient payment tool." New Mexico Wineries, Inc.
"Fintech's streamlined services and top notch customer support make for a winning combination." National Distributors
"The detailed reports Fintech Provides are a valuable tools that I utilize frequently." Premium Beers of Oklahoma
"I was happy to join Fintech! The ability to make quick deliveries and the comfort of knowing that my invoicing is in capable hands, make growing my business a much easier prospect. Definitely a must have for a distributor!" Regional Imports
"Fintech is timesaving! Our drivers do not have to wait for checks, and we have access to our funds immediately! It's a great tool everyone should use." Josulete Wines
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