By accessing the Finders, Inc. website, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions (the “Agreement”) outlined below. Finders, Inc.’s Privacy Policy is expressly incorporated herein. These terms apply to the entire website and any email or other type of communication between you and Finders, Inc. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHTS TO BE HEARD IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
This Agreement is a contract between you and Finders, Inc. (referred herein as “Finders, Inc.”, “us”, “we” or “our”) and the services accessible from the website (which are collectively referred to in the Agreement as the “Services”).
If you do not agree to this Agreement, please do not use the Services. In the Agreement, “you” refers both to you as an individual and to the entity you represent. If you violate any of this Agreement, we reserve the right to cancel your account or block access to your account without notice.
Finders, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to use its website strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
– License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
– Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
– Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Finders, Inc. or its affiliates, partners, suppliers or the licensors of the website.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Finders, Inc. with respect to the website shall remain the sole and exclusive property of Finders, Inc.
Finders, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
This Agreement applies only to the Services. The Services may contain links to other websites not operated or controlled by Finders, Inc. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, this Agreement is no longer in effect. Your browsing and interaction on any other websites, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
You acknowledge and agree that Finders, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.
If we decide to change this Agreement, we will post those changes on this page, and update the Agreement modification date.
Finders, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any Services to which it connects, with or without notice and without liability to you.
Finders, Inc. may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Website. You agree that Finders, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this Agreement.
This Agreement shall remain in effect until terminated by you or Finders, Inc.
Finders, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Finders, Inc., in the event that you fail to comply with any provision of this Agreement. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
Upon termination of this Agreement, you shall cease all use of the Website and delete all copies of the Website from your computer. Termination of this Agreement will not limit any of Finders, Inc.’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Finders, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. You agree to indemnify Finders, Inc. in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Finders, Inc. if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and at your expense and, in such a case, you agree to cooperate with our defense of such claim. Further, you shall not settle any claim without the prior written approval of Finders, Inc.
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Finders, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Finders, Inc. provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, Finders, Inc. does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, their servers, the content, or e-mails sent from or on behalf of Finders, Inc. are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
To the maximum extent permitted by applicable law, in no event shall Finders, Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Finders, Inc. has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Finders, Inc. on the Services, shall constitute the entire agreement between you and Finders, Inc. concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Finders, Inc.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND FINDERS, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
TExcept as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Agreement constitutes the entire agreement between you and Finders, Inc. regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and Finders, Inc. You may be subject to additional terms and conditions that apply when you use or purchase other Finders, Inc.’s services, which Finders, Inc. will provide to you at the time of such use or purchase.
We may change our Services and policies, and we may need to make changes to these Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Services) before we make changes to this Agreement and give you an opportunity to review them before they go into effect. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Then, if you continue to use the Services, you will be bound by the updated Agreement. If you do not want to agree to these or any updated Agreement, you can delete your account.
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Finders, Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Finders, Inc., unless and except as is expressly provided in this Agreement. Any unauthorized use of the material is prohibited.
THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN A STATE OR FEDERAL COURTS OF PITT COUNTY, NORTH CAROLINA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Finders, Inc.’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Finders, Inc. concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or Finders, Inc. must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: ___________. Finders, Inc. will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Finders, Inc. will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Finders, Inc. may commence arbitration.
If you and Finders, Inc. don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.
This Agreement to Arbitrate will survive the termination of your relationship with us.
You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
Finders, Inc. may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
We, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions (“Third-Party Providers”). We do not endorse or recommend the products or services of any Third-Party Provider and are not an agent or advisor to you or any Third-Party Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Third-Party Providers. It is your responsibility to investigate Third-Party Providers. You acknowledge and agree that Third-Party Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Third-Party Provider’s products or services. You acknowledge and agree that you rely on your own judgment and your advisors in selecting any products or services offered by Third-Party Providers.
No Guarantee Relating to the Services Provided by Third-Party Providers.
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Third-Party Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Third-Party Providers are the best available.
You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Third-Party Provider’s products or services, including any fees charged by a Third-Party Provider.
We may share your information with third parties when you request a rate, quote, service, approval, or information from those third parties (a “Request”).
IF YOU SUBMIT A REQUEST, THIRD-PARTY PROVIDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION. YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY.
By submitting a Request, you are expressly consenting to the third party conducting any research necessary to provide you with information about your Request. Third parties may need to share your information to conduct such research to provide information that may assist in determining eligibility for credit card offers.
If you do not want third parties to conduct necessary research to provide you with a quote for your Request, then you should not submit a Request.
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Finders, Inc. Finders, Inc. will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Finders, Inc. operates and controls the Finders, Inc. Service from its office in the United States. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Finders, Inc. Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement (which include and incorporate the Finders, Inc. Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Finders, Inc. concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Finders, Inc. is not responsible for any content, code or any other imprecision.
Finders, Inc. does not provide warranties or guarantees.
Finders, Inc. is a distributor and not a publisher of the content supplied by third parties; as such, Finders, Inc. exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Finders, Inc. Service. Without limiting the foregoing, Finders, Inc. specifically disclaims all warranties and representations in any content transmitted on or in connection with the Finders, Inc. Services or on sites that may appear as links on the Finders, Inc. Service, or in the products provided as a part of, or otherwise in connection with, the Finders, Inc. Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Finders, Inc. or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability of information is subject to change without notice. Without limiting the foregoing, Finders, Inc. does not warrant that the Finders, Inc. Services will be uninterrupted, uncorrupted, timely, or error-free.
Don’t hesitate to contact us if you have any questions.
Email: Johnnie@findersconsultingservices.com
Address: 1206 South Evans Street, Suite 30 Greenville, NC 27834