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Terms of service

By accessing the website at www.secfi.com (the “Site”), you agree to be bound by these terms of service (the “Terms of Service”) and all applicable laws and regulations, as well as our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this website are protected by applicable copyright and trademark law. Secfi, Inc. (“Secfi”, “we”, “us”) may revise these terms of service for the Site at any time without notice. By using the Site you are agreeing to be bound by the then current version of the Terms of Service.

How to use this terms of service

The Terms of Service explain the services you may expect Secfi to offer and the terms under which they will be provided to you. These offerings include, but are not limited to, use of our financial dashboard software service for reviewing your options and shares , our equity planner, our stock option tax planner, our stock option tax calculator, our AMT calculator, and our exercise timing planner, and any offerings that may be added in the future. All such offerings are collectively referred to in these Terms of Service as the “Services”.

All of Secfi’s Services are made available through the Site.

Use license

Permission is granted to temporarily access and use the materials (information or software) on the Site or for the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make any materials available to any third party;
  • attempt to decompile or reverse engineer any software contained on the Site;
  • remove any copyright or other proprietary notations from the materials;
  • circumvent, remove, alter, deactivate, degrade, or thwart any security protections on the Site; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate these Terms of Service and may be terminated by Secfi at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Use restrictions

You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, and (iv) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.

Intellectual property rights in this site

You acknowledge that the Site, services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that all content published on the Site (“Content”) is and shall remain the property of Secfi or Secfi’s licensors.

You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

All trademarks, logos and services marks displayed on the Site and the Services, if any, are trademarks belonging to us, our affiliated entities, our licensors, or other applicable parties (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site. All goodwill generated from the use of the Trademarks on the Site will inure to our benefit, our affiliated entities, or our licensors, as the case may be.

Advertisements

We may, in our sole discretion, post the advertisements of third parties on the Site and/or links to third-party websites. The display of advertisements and links on the Site is not intended as, and does not in any manner constitute, a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings. We are not responsible for the content of any linked external websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked external websites, you do so at your own risk.

Unsolicited information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to us through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

By submitting any Unsolicited Information to the Site, you are granting us and our affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. For information about how we use your personal data, please refer to our Privacy Policy.

No responsibility for connectivity

You are responsible for the means you use to access the Site and the services contained on the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Disclaimer

THE SITE, THE SERVICES CONTAINED ON THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR INFORMATIONAL PURPOSES ONLY. SECFI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

FURTHER, SECFI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, CURRENTNESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

THE SITE, OUR SERVICES, AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH ERRORS LISTED THEREIN. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE, OUR SERVICES, AND THE CONTENT AT ANY TIME WITHOUT NOTICE. SECFI HAS NO OBLIGATION TO REVIEW OR VET ANY CONTENT, OR TO UPDATE ANY CONTENT.

TO THE EXTENT THAT SECFIMAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Limitations

TO THE MAXIMUM PERMITTED UNDER LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) UNDER NO CIRCUMSTANCES WHATSOEVER WILL SECFI AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT, OR RELIANCE ON ANY OF THE FOREGOING, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE TO PERFORM BY Secfi, AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, OR ANY PORTION THEREOF SHALL BE LIMITED TO $100.00. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THE CONTENT MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Indemnification

You will indemnify and hold harmless Secfi and its affiliates, and its and their the officers, directors, agents, partners, employees, licensors, distributors, and representatives, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Site (including, without limitation, the Services), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

No offers or reliance

NO MATERIAL OR CONTENT AVAILABLE THROUGH THE SITE SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SERVICES OF ANY OF OUR AFFILIATED ENTITIES. OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAW. YOU SHOULD CONSULT WITH YOU OWN INVESTMENT, TAX AND LEGAL ADVISORS.

WE ARE NOT UTILIZING THE SITE TO PROVIDE INVESTMENT OR OTHER ADVICE, AND NO CONTENT, INFORMATION OR MATERIAL AVAILABLE THROUGH THE SITE IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE SITE, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.

PLEASE REMEMBER THAT DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT OR INVESTMENT STRATEGY (INCLUDING THOSE UNDERTAKEN OR RECOMMENDED BY SECFI), WILL BE PROFITABLE OR EQUAL ANY HISTORICAL PERFORMANCE LEVEL(S). IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. YOUR USE OF THE SITE, OUR SERVICES, AND THE CONTENT IS AT YOUR OWN DIRECTION AND YOUR OWN RISK.

Links

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website. The Site may periodically provide links to third party websites. This Terms of Service governs only the Site and not any such third party web sites, and Secfi has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Secfi of the site. Use of any such linked website is at the user’s own risk.

Forward-looking statements

The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. All are subject to various factors, including, but not limited to general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting Secfi’s operations that could cause actual results to differ materially from projected results.

Privacy

Please visit our Privacy Policy to understand how Secfi collects and uses personal information.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.

Electronic communications and contracting

By assenting to these Terms of Service, you agree that a printed version of these Terms of Service and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Specifically, you agree to receive and/or obtain such communications (collectively, “Communications”) from Secfi and its affiliates in electronic form, rather than in paper form, and to the use of electronic signatures in our relationship with you. The term “Communications” includes, but is not limited to, documents, agreements, terms, data, records and any other communications regarding your relationship to Secfi, including Form CRS and Form ADV or any other notices, summaries, forms, disclosures or documents required by law, rule or regulation.

You represent that you have the appropriate personal computer or other electronic device, software, and internet connection to enable you to retain, if you so choose, any Communications that Secfi sends in electronic form for your records. If you have the legal right under any federal and/or state laws or regulations to receive a document in paper form, you may withdraw your consent to receiving that document in electronic form by contacting Secfi at info@secfi.com.  A withdrawal of your consent to receive such document in electronic form will be effective only after we have had reasonable time to process your request.

Compliance with applicable laws

The Site and Services are based in the United States. We make no claims concerning whether the Site, the Services, or any Content may be viewed or be appropriate for use outside of the United States. If you access the Site or Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site and Services. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

Miscellaneous

If these Terms of Service are terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of these Terms of Service, which shall remain in full force and effect: Intellectual Property Rights in this Site, Disclaimers, Limitations and Miscellaneous. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA, except with regard to its conflicts or choice of law rules. You expressly agree (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of California, USA, as applicable; and (ii) that the Site shall be deemed passive that does not give rise to personal jurisdiction over Secfi, either specific or general, in jurisdictions other than California. These Terms of Service contains the entire agreement between Secfi and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between Secfi and you concerning the Site. All rights not expressly granted herein are reserved by us. Our failure to act on or enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Secfi and you in writing, these Terms of Service constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.