Terms and Conditions
Acceptance of Terms
Welcome to NFAN! Any person who wants access to the National Financial Awareness Network Inc. (hereinafter, "NFAN") and its web site (the "site") to purchase a product and/or service or to post your profile or utilize any of the features we provide (collectively, the "services" or the "service"),
must accept the terms and conditions of this agreement (the "Agreement") without change. This Agreement constitutes a contract between you and NFAN. By using the services, you agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference. NFAN reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the site
or services, at any time and in its sole discretion. Any changes
will be effective upon posting of the revisions on the site. You
are responsible for reviewing any applicable changes. Changes to
referenced policies and guidelines may be posted without notice
to you. Your continued use of this site and the services
following NFAN's posting of any changes will constitute your
acceptance of such changes or modifications. If you do not agree
to any changes to this Agreement, do not continue to use the
services or this site.
Eligibility
Use of the services is limited to parties that lawfully can enter
into and form contracts under applicable law. For example, minors
are not allowed to use the service.
Description of Service
NFAN's web site provides information regarding NFAN's financial
literacy products and/or services, which includes the Do-it-Yourself
Debt Settlement Kit, as well as any other related services
performed by NFAN or its affiliates. In order to use the web site,
you must obtain access to the world wide web, either directly or
through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the
world wide web, including a computer and modem or other access
device.
NFAN's Privacy Policy
NFAN is committed to protecting your privacy. Click here
to see our general privacy policy. NFAN reserves the right to
change the privacy policy in the future. You should periodically
check the privacy policy for amendments or additions. Unless
otherwise authorized or consented, you agree not to use any
information regarding other participants which is accessible from
the service or disclosed to you by NFAN except for the specific
purposes contemplated by this Agreement. By using the services,
you agree not to use any such information for purposes of
solicitation, advertising, unsolicited e-mail or spamming,
harassment, invasion of privacy or otherwise objectionable
conduct.
License and site access
download (other than page caching) or modify it, or any portion
of it, except with express written consent of NFAN. This license
does not include any resale or commercial use of this site or its
contents; any collection and use of any listings, descriptions,
or prices; any derivative use of this site or its contents; any
downloading or copying of account information; or any use of data
mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of
NFAN. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of NFAN and our affiliates
without express written consent. You may not use any meta tags or
any other "hidden text" utilizing NFAN's name or
trademarks without the express written consent of NFAN. Any
unauthorized use terminates the permission or license granted by
NFAN. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of NFAN so long as
the link does not portray NFAN, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any NFAN logo or other
proprietary graphic or trademark as part of the link without NFAN's
express written permission.
No Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permissible by law, NFAN expressly disclaims all warranties of every kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement or that any of the information on the site is accurate.
- NFAN makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service, including but not limited to information about professionals and business establishments who are included in the service, will be accurate or reliable, (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) this site, its servers, or e-mail sent from NFAN are free of viruses or other harmful components, and (vi) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done and relied upon at your own risk and that you will be solely responsible for any damage to yourself, your interests, or your computer system or loss of data that results from the download and use of any such material. NFAN is not responsible for examining or evaluating, and we do not warrant the offerings or representations of, any of the professionals or the content of their web sites.
- No advice or information, whether oral or written, obtained by you from NFAN or through or from the service shall create any warranty not expressly stated in the Agreement. None of the terms of this waiver of warranties may be modified in any way by course of conduct or any other action by NFAN or any of its agents unless such modification is in writing and signed by an authorized agent of NFAN.
Limitation of liability
You expressly understand and agree that NFAN shall not be liable
for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss
of profits, goodwill, harm to your rights of any kind, use, data
or other intangible losses (even if NFAN has been advised of the
possibility of such damages), resulting from: (i) the use or the
inability to use the service; (ii) the cost of procurement of
substitute services resulting from any data, information or
services purchased or obtained or messages received through or
from the service; (iii) unauthorized access to or alteration of
your transmissions or data; (iv) statements or conduct of any
third party; or (v) any other matter relating to or resulting
from use of the service.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the
above limitations may not apply to you. To the extent a court
determines any provisions in this Agreement to be unenforceable;
such a determination shall not affect the validity of the
remaining terms of this Agreement, which shall remain in full
force and effect.
Special admonition for services relating to
financial and legal matters
You must be absolutely sure that you have read and understand the
above waivers of all warranties and limitations of liability. The
above waivers and warranties will defeat any claims you may
assert for misrepresentation or concealment of information, or
any negative consequences as a result of your use of or reliance
upon any of the information which the services provide. In
addition, for this type of information particularly, the phrase
"let the buyer beware" is apt. The service is provided
for informational purposes only. NFAN shall not be responsible or
liable for the accuracy, usefulness or availability of any
information transmitted via the service, and shall not be
responsible or liable for any decisions made based on such
information.
Applicable Law
By visiting NFAN, you agree that the laws of the state of
Maryland, without regard to principles of conflict of laws, will
govern this Agreement and any dispute of any sort that might
arise between you and NFAN or its affiliates.
Disputes
Any dispute relating in any way to your visit to NFAN or use of
any of the services shall be submitted to confidential
arbitration in Columbia, Maryland, except that, to the extent you
have in any manner violated or threatened to violate NFAN's
intellectual property rights, NFAN may seek injunctive or other
appropriate relief in any state or federal court in the state of
Maryland, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this Agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
Notice
You agree that NFAN may submit any notices to you via either e-mail
or regular mail. The service may also provide notices of changes
to the Agreement or other matters by displaying notices or links
to notices to you generally on the service, which notice you also
agree NFAN may submit to you via e-mail or regular mail.
Trademark and patent information
NFAN and its trademarks and service marks, logos and product and
service names and phrases which NFAN now claims or may claim in
the future are trademarks of NFAN (the "NFAN marks").
You agree not to display or use the NFAN marks in any manner,
without NFAN's prior written permission.
Violations
You should report any violations of the Agreement to info@nfan.com.
No resale of service
Unless expressly permitted in writing by NFAN, you agree not to
reproduce, copy, sell, resell or otherwise exploit for any
commercial purposes, any portion of the service, use of the
service, or access to the service.
Use of site
You understand that all information, data, text, software, sound,
photographs, graphics, video, messages or other materials ("content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such content originated.
This means that you, and not NFAN, are entirely responsible for
all content that you upload, post, e-mail or otherwise transmit
via the service. NFAN does not control the content posted or made
available via the service and, as such, does not guarantee the
accuracy, integrity or quality of such content. You understand
that by using the service, you may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will
NFAN be liable in any way for any content, including, but not
limited to, for any errors or omissions in any content, or for
any loss or damage of any kind incurred as a result of the use of
any content posted, e-mailed or otherwise transmitted via the
service.
You agree to not use the service to:
- Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a NFAN official, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in any areas that are explicitly designated for such purpose;
- Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the u.s. securities and exchange commission, any rules of any national or other securities exchange, including, without limitation, the New York stock exchange, the American stock exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- Collect or store personal data about other users except as restricted by this Agreement and provided by the service.
You acknowledge that NFAN does not pre-screen content, but that NFAN and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any content that is on the service. Without limiting the foregoing, NFAN and its designees shall have the right, at its sole discretion, to remove any content that it deems violates the Agreement or that it deems to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created, posted, or otherwise published by NFAN or submitted to NFAN, including without limitation information within NFAN's service.
You acknowledge and agree that NFAN may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce or to ascertain compliance with the Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NFAN, its users and the public.
You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Special admonitions for international use
Recognizing the global nature of the internet, you agree to
comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
Indemnity
You agree to indemnify and hold NFAN, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand including reasonable
attorneys' fees, which any third party may make due to or arising
out of content you submit, post to or transmit through the
service, your use of the service, your connection to the service,
your violations of the Agreement (whether alleged or otherwise),
or your violation of any rights of another, whether direct or
indirect (including without limitation claims for
misrepresentation or malpractice).
General practices regarding use and storage
You acknowledge that NFAN may establish general practices and
limits concerning use of the service, including without
limitation the maximum number of days that reviews, postings or
other uploaded content will be retained by the service, the
maximum disk space that will be allotted on NFAN's servers on
your behalf, and the maximum number of times (and the maximum
duration for which) you may access the service in a given period
of time. You agree that NFAN has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by the
service. You further acknowledge that NFAN reserves the right to
change these general practices and limits at any time, in its
sole discretion, with or without notice.
Modifications to service
NFAN reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the service (or
any part thereof) with or without notice. NFAN reserves the right
to refuse service to any person or entity in the exercise of its
absolute discretion. You agree that NFAN shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the service.
Termination
You agree that NFAN, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the service,
and remove and discard any content within the service, for any
reason, including, without limitation, for lack of use or if NFAN
believes that you have violated or acted inconsistently with the
letter or spirit of the Agreement. NFAN may also in its sole
discretion and at any time discontinue providing the service, or
any part thereof, with or without notice. You agree that any
termination of your access to the service under any provision of
this Agreement may be effected without prior notice, and
acknowledge and agree that NFAN may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or the
service. Further, other than the obligation to make a refund to
the extent of fees paid for any period of time for which you paid
to be included in the service when the service was terminated,
you agree that NFAN shall not be liable to you or any third-party
for any termination of your access to the service.
Links
The service or third parties may provide links to other world
wide web sites or resources (including, without limitation, links
to sites which relate to the credentials and disciplinary history
of professionals). Because NFAN has no control over such sites
and resources, you acknowledge and agree that NFAN is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any content, information, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that NFAN shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such site or resource.
NFAN's proprietary rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service, if any, ("software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that content contained in
information presented to you through the service is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
NFAN, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the service or the
software, in whole or in part.
General information
The Agreement (including the paragraphs below that pertain to the
professionals who subscribe to NFAN) constitutes the entire
agreement between you and NFAN and governs your use of the
service, superceding any prior agreements and discussions between
you and NFAN. The failure of NFAN to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver
of such right or provision. If any provision of the Agreement is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the Agreement remain in full force
and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or
related to use of the service or the Agreement must be filed
within one (1) year after such claim or cause of action arose or
such claim or cause of action shall be forever barred. The
section titles in the Agreement are for convenience only and have
no legal or contractual effect. NFAN is pleased to welcome you to
its site subject to all of the terms and conditions of this
Agreement.