If you become a Finch client then these terms are succeeded by the Finch Subscription Agreement governing your business relationship with Finch.
The term “Finch” or “us” or “we” refers to the owner of the website whose registered office is in Salt Lake City, Utah, US. The term “you” refers to the user or viewer of the Finch website.
- Content. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Liability Limitation. YOU ACKNOWLEDGE AND AGREE THAT FINCH SHALL NOT BE LIABLE WITH RESPECT TO, OR RESPONSIBLE FOR, ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, (i) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (ii) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR, (iii) TO THE EXTENT ALLOWABLE UNDER STATE LAW, PERSONAL INJURY OR DEATH. IN NO EVENT WILL FINCH’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF $100.00, OR THE AMOUNT LICENSEE ACTUALLY PAID FINCH UNDER THIS AGREEMENT (IF ANY).
- Ownership. Title to all intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services (the “Finch Intellectual Property Rights”) will remain the exclusive property of Finch. Nothing contained in this Agreement grants or confers, or shall be construed to grant or confer, any rights in or to any of the Finch Intellectual Property Rights. Title to any third-party products included in the Finch Intellectual Property Rights, or otherwise provided to you by Finch, and all intellectual property rights in and to them, are and will remain the exclusive property of such third parties.
- Trademarks. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized Use. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Finch endorses the website(s). Finch has no responsibility for the content of the linked website(s).
- Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. FINCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE REASONABLE EFFORT HAS BEEN MADE TO ENSURE THAT YOU WILL RECEIVE THE SERVICES, FINCH MAKES NO WARRANTY THAT SERVICES RENDERED TO YOU ACCORDING TO THIS AGREEMENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FINCH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. FINCH MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINCH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
- Indemnity. You agree to release, indemnify, defend and hold harmless Finch and any of Finch’s contractors, agents, employees, officers, members, managers, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Services or your use of such Services, including without limitation infringement or dilution by you, or someone else using our Services from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the Services provided, (e) any information or data you supplied to Finch, or (f) any liability related to the use of the Accounts, including words and phrases used in connection with your Accounts. The terms of this paragraph will survive any termination or cancellation of this Agreement.
- Representations and Warranties. You agree and warrant that: (i) your use of any of the Services will not directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you are the legal owner and have the legal right to perform editing of any of the Accounts registered with the Services, (iv) you are of legal age to enter into this Agreement; and (vi) you agree to comply with all applicable laws and regulations.
- Miscellaneous. Any dispute arising from this Agreement will be litigated or arbitrated in Salt Lake County, Utah, US. This Agreement shall be governed in accordance with the laws of the State of Utah, without regard to or application of Utah’s conflicts of law principles. This Agreement represents the entire agreement between all parties hereto concerning the subject matter of this Agreement and supersedes any and all prior or contemporaneous oral or written statements, agreements, correspondence, quotations and negotiations.