2. Use of Site. FamilyMint provides web hosted services available from the domain of familymint.com and is provided for teaching children about money. Information, services and content of the website may not be used by any other individual or entity for any purpose.
By accessing the Site and using its services, you represent, warrant, and agree that:
(a) All information you submit about you and other authorized users of your account is truthful and accurate;
(b) You will maintain the accuracy of such information; and
(c) Your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
(d) You are of sufficient legal age in your jurisdiction to create binding legal obligations;
(e) Any or all of your data, information and accounts may be deleted without warning if we believe that you are not eligible.
3. FAMILYMINT IS NOT A BANK. FAMILYMINT IS NOT A BANK, FINANCIAL INSTITUTION, FINANCIAL PLANNER, BROKER, FINANCIAL ADVISOR OR LEGAL ADVISOR. FamilyMint and/or the Site do not render financially-related advice, including tax or legal advice. You are solely responsible for managing your financials accounts. FamilyMint is not obliged to verify any financial data which you decide to enter into the Site.
4. Accuracy of Information. While we strive for accuracy, we cannot represent or guarantee either that the information accessed on this Site is complete or that it is free of inaccuracies. If you believe there are errors, inaccuracies or omissions, please contact FamilyMint via e-mail [email protected]. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
5. Backup of Data. FamilyMint is not obligated to backup any data that is posted on the Site and you are solely responsible for creating backup copies of any data and information you post or store on the Site at your sole cost and expense. In the event you will no longer be allowed to use the Site or chose to forfeit your right to use the Site, you will no longer have access to any data that you have posted and we may delete such data without prior notification.
Ownership and Copyright to the Site Contents. The information contained on this Site, including all images, designs, logos, photographs, writings, graphs, data, and other materials including but not limited to the following trademarks and service marks: “FamilyMint”, “FamilyMint.com”, “Helping Kids Appreciate Money”, “The FamilyMint Minute” ( collectively the: “Materials”) are protected by copyrights, trademarks, trade secrets, or other proprietary rights of FamilyMint or third parties. Permission is granted to display, copy, distribute, download and print portions of this Site solely for the purposes of reviewing the content of the Site as a current or potential user of the FamilyMint services. You are prohibited from: (i) any displaying, posting electronically or mechanically, transmitting, and recording or in any way duplicating or reproducing this Site in any other way without permission from the copyright or trademark owner, except as permitted by applicable law; (ii) decompile or reverse engineer; or (iii) rent, lease, loan, or sell access to the Site. You acknowledge that all the intellectual property rights in the Site are owned by FamilyMint, FamiliyMint’s licensors or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of FamilyMint or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
6. Disclaimer of Warranty. You expressly agree that use of www.familymint.com is at your sole risk. Neither FamilyMint, nor its representatives warrant that this Site will be uninterrupted or error-free. FamilyMint reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. FamilyMint may make any other changes to this Site and its whole contents at any time without notice. THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED BY ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. FAMILYMINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR OF ANY CONTENT, INFORMATION, OR MATERIALS ON THIS SITE THAT HAVE BEEN PROVIDED BY ANY THIRD PARTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liabilities. You agree that FamilyMint, its officers, employees, successors, affiliates and other representatives shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this Site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation a negligent act, shall FamilyMint or any of its representatives be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption or business), arising out of or in any way related to the content or information on this Site or any other products, services, or information offered, sold, or displayed on this Site, your use of, or inability to use, this Site generally, or otherwise in connection with this agreement, regardless of whether FamilyMint or any of its representatives have been advised of the possibility of such damages.
8. Indemnification You agree to indemnify, defend, and hold harmless FamilyMint and its representatives from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
11. Limitations on Claim. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.
12. Premium Subscriptions and Cancellations. A credit card is not required for the free trial of FamilyMint Premium. Upgrading from a free trial to a paying plan ends your free trial. When you decide to upgrade and enter your credit card information, you will be charged. The subscription fee is non-refundable and you will continue to be billed according to the plan you have selected until you cancel the service (at which point you won't be charged again and will be downgraded to the Free version).
13. Term and Termination. Without limiting its other remedies, FamilyMint may immediately discontinue, suspend, terminate or block your and any user’s access to this Site at any time in our sole discretion. You may forfeit your user’s access to this Site by contacting FamilyMint at: [email protected].
14. Hyperlink Disclaimers. We may provide, on this Site, links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links) are not maintained, controlled or otherwise governed by FamilyMint. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by FamilyMint. FamilyMint does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by FamilyMint. Links do not imply that FamilyMint or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of FamilyMint or any of its affiliates or subsidiaries. Except for links to information authored by FamilyMint, FamilyMint is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any Site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites or transact any business thereon, you do so at your own risk. FamilyMint reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods or services appearing thereon.
15. Password. You are solely responsible for maintaining the confidentiality of your password and profile information and are fully responsible for all conduct carried out under this password and profile. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us. The Site login and password are provided for the use of the individual registered and authorized users only and are not transferable.
(a) Violate any applicable law, regulation or rule;
(b) Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
(c) Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
(d) Provide false information on your registration form, impersonate another person and/or use another person’s password and login information to enter the Site;
(e) Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
(f) Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
(g) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
(h) Introduce software or automated agents to the Site so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Site; or
(i) Interfere with, disrupt, or modify any data or equipment to manipulate or bypass any security measures deployed by FamilyMint.
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the standards of the Site and to protect ourselves and others.
17. Controlling Law and Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of laws provisions. FamilyMint makes no representation that the materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes with FamilyMint arising out of your use of this Site.
18. Entire Agreement. This Agreement constitutes the entire agreement between FamilyMint and you with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FamilyMint with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
19. Modifications to Agreement. We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. FamilyMint does not and will not assume any obligation to notify you of changes to this Agreement.
20. Electronic Communications and Electronic Signatures. In addition to your use of this Site being your acknowledgement and consent to these terms, you agree to be bound by any affirmation, assent or agreement you transmit through this website, including but not limited to any consent you give to receive communications from FamilyMint solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.