Terms Of Service
Welcome to https://www.fundamental.finance ("Service"). Service is provided by Alliterative Assets, LLC, a California limited liability company ("Company"). This document ("Terms") is an agreement between you and Company
Please contact Company if you have any comments or questions
Acceptance
Your use of Service constitutes your agreement to and acceptance of Terms. Terms control the relationship between you and Company. You represent you have legal capacity and authority to accept Terms. Terms do not create any third party beneficiary rights
If you are using Service on behalf of another party, you represent and warrant you are authorized to agree to Terms on behalf of the other party and bind the other party to Terms (in which case, references to "you" and "your" in Terms also refer to the other party)
You are not permitted to use Service if you do not agree to and accept Terms
Modification
Company may modify Terms at any time by updating this document and any such modification will be immediately binding to you
Terms were last modified on January 1, 2021
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. COMPANY EXCLUDES ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
COMPANY MAKES NO WARRANTY TO YOU, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, AVAILABILITY, COMPLETENESS, CORRECTNESS, RELIABILITY, OR SECURITY OF SERVICE
Liability Limitation
YOU AGREE TO INDEMNIFY AND HOLD COMPANY AND COMPANY'S REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND EXPENSES (INCLUDING LEGAL FEES) ARISING FROM YOUR USE, IMPAIRED USE, INABILITY TO USE, OR MISUSE OF SERVICE
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF COMPANY AND COMPANY'S REPRESENTATIVES UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID COMPANY TO USE SERVICE OR ZERO DOLLARS IF YOU HAVE NOT PAID COMPANY TO USE SERVICE
UNDER NO CIRCUMSTANCES WILL COMPANY OR COMPANY'S DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, OR AGENTS ("REPRESENTATIVES") BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR LOSSES (COLLECTIVELY "INJURY"), INCLUDING BUT NOT LIMITED TO LOST INCOME OR GAIN, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, YOU INCUR RESULTING FROM YOUR USE, IMPAIRED USE, INABILITY TO USE, OR MISUSE OF SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY
No Advice
Service does not provide advice, including but not limited to financial, investment, legal, accounting, or tax advice. Company strongly recommends you seek advice from independent, licensed professionals
Service does not recommend you engage in any particular financial, investment, legal, accounting, or tax activity. You are solely responsible for determining what activity is appropriate for you
Information Only
Service provides information only, including but not limited to historical financial data, educational materials, and approximate calculators. Service may contain inaccuracies or be out of date and Company is under no obligation to correct or update Service
Service may contain links to and information from and about third parties ("Third Party Content"). Third Party Content is provided solely as a convenience to you and does not in any way constitute or imply Company's endorsement, sponsorship, or recommendation of the third party or Third Party Content. Company is not responsible or liable in any way for the accuracy of Third Party Content or the practices or policies of third parties
Availability
Service is subject to modification at any time without notice. Company may completely discontinue Service with at least thirty days notice prior to discontinuance. Notice under this provision will be provided at https://www.fundamental.finance
Company reserves the right to allow or deny access to or use of Service at Company's sole discretion
Unacceptable Use
Service cannot be accessed or used by non-humans, including but not limited to spiders, bots, scrapers, or software
You may not use Service in any manner that may harm, disable, burden, or impair Service or a third party's use of Service. You may not attempt to gain unauthorized access to Service or Service's underlying data, processes, or systems. You agree you will not engage in any activity related to Service that is contrary to applicable law or regulation
You are not permitted to reproduce, publish, or otherwise disseminate information available to you through Service, in whole or in part, in any format to any third party without Company's express written consent or ability to do so through the intended functionality of Service
Account
You may need to Sign Up in order to use Service (thereby creating an "Account"). Company reserves the right to refuse, modify, or delete any Account at Company's sole discretion, at any time, and without notice
Sharing of an Account among multiple people is not permitted. A separate Account must be created for each person who wishes to use Service. You agree not to share access to and use of your Account with any other person
You and you alone are responsible for maintaining the confidentiality of your Account, including but not limited to your password. You agree to accept responsibility for all activities that occur through your Account
You agree to not misrepresent any information you provide Service. All information you provide Service must be truthful, accurate, and complete, including but not limited to your email address and first and/or last names ("Account Information") and Payment Information
Billing
One-time payments ("Purchase Fee") or recurring payments ("Subscription Fee") (collectively "Payment Fees") may be required to use Service (making you a "Customer"). Payment Fees are not refundable
Valid payment information is required for Payment Fees, including but not limited to credit card numbers, expiration dates, and security codes ("Payment Information"). Company uses a third party to accept, process, store, secure, and maintain Payment Fees and Information ("Payment Processor")
Company reserves the right to modify Payment Fees at any time. Payment Fee modifications will not apply retroactively and become effective to non-Customers immediately without notice and to existing Customers after at least thirty days notice. Notice under this provision will be deemed made and received when modified Payment Fees are reflected on Service or sent to Customer's Account Information email address
Subscriptions automatically renew on the last business day prior to expiration until you cancel Subscription. Unless you cancel Subscription prior to an automatic renewal charge, you authorize Company to collect the then-applicable Subscription Fee using the Payment Information Company then has on record for you
Payment Fees exclude taxes. You alone are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your use of Service
Intellectual Property
Company's intellectual property, including but not limited to copyrights, trademarks, tradedress, and servicemarks (collectively "Intellectual Property") are protected by applicable domestic, foreign, and international law and may not be used in connection with any product, service, or event without prior written consent of Company. Company reserves all Intellectual Property rights
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Service without Company's express written consent or in any way that violates any third party right. You are not permitted to alter, obscure, or remove any Intellectual Property notice provided by Service
Any communication, including but not limited to questions, feedback, ideas, suggestions, comments, or recommendations you send Company (excluding Account and Payment Information): becomes Company's property and you are not owed any compensation in exchange; shall not contain confidential or proprietary information of any third party; may be used or distributed by Company for any purpose and in any way; and may not be seen, reviewed, vetted, used, or kept confidential by Company
License
Conditioned upon your compliance with Terms, Company grants you a non-exclusive, non-transferable, restricted license (without the right to sublicense) to use Service in accordance with Terms. Company reserves the right to terminate your license to use Service at any time, for any reason, and without notice
Company makes no claim of ownership of Account and Payment Information. Service may permit making information you generate using Service available to the public (excluding Account or Payment Information) ("Public Information"). In the event you create Public Information, you grant Company a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Public Information throughout the world in any format or medium
You represent and warrant you own or otherwise control all rights to Public Information; Public Information is accurate; your use of Public Information does not violate Terms and will not cause injury to any person or entity; and you will indemnify Company and Company's Representatives for any and all claims resulting from Public Information. Company reserves the right to remove Public Information at its sole discretion
Termination
You may terminate your agreement to Terms, with or without cause and at any time, by discontinuing use of Service. You agree, without notice, Company may terminate Terms, or suspend your access to or use of Service in its sole discretion, with or without cause, at any time, without notice, and effective immediately
Terms will terminate immediately without notice from Company if you fail to comply with any provision of Terms. Upon termination of Terms by you or Company, you must discontinue use of Service and immediately destroy all information obtained from Service
All provisions of Terms which by their nature should survive termination shall survive termination, including but not limited to ownership, provisions, warranty disclaimers, indemnification, and limitations of liability
Privacy
Company respects and is committed to protecting your privacy
Your use of Service may require you to provide personal information, including but not limited to Account or Payment Information
Company will never sell Account or Payment Information to a third party. However, you agree Company may provide Account or Payment Information to Payment Processor or if required by applicable law
Security
Company respects and is committed to secure use of Service. However, you agree Company does not guarantee or warrant the security of Service, including but not limited to the ability of third parties to intercept information received or sent by Service
In no event shall Company be liable to you or any third party for a security breach or lapse of Service
Applicable Law
Terms shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law
You agree Terms will not be construed against Company because Company drafted Terms
Venue
All claims arising out of or in any way related to Terms will be litigated exclusively in a federal or state court of competent jurisdiction in Orange County, California, and you irrevocably agree to personal jurisdiction and venue in these courts
Assignment
Company may assign its rights and duties under Terms at any time to any party without notice to you. You may not assign your right or duties under Terms, and any such assignment shall be void
Severability
If any provision of Terms is unlawful, void, or unenforceable under applicable law, then such provision will be deemed severable from Terms and will not affect the validity or enforceability of remaining provisions
No Wavier
Company does not waive any rights Company may have, such as taking action in the future, if you do not comply with Terms and Company does not take immediate action
Headings
Headings throughout Terms have no legal or contractual effect and exist merely for convenience
Entire Agreement
Terms constitute the entire agreement between you and Company