Terms of Service
Last updated October 10, 2019
General
Welcome to The Financial Revolutionist, a financial insights and intel platform, provided by The Financial Revolutionist, LLC.
These Terms of Service (“Terms”) constitute a binding contract between you and The Financial Revolutionist, LLC. (“us,” “we,” “the company,” “The Financial Revolutionist,” “The FR,” or “Event Analyzer”) governing the use of and access to any of our properties (“Products”), including but not limited to thefinancialr.com, thefinancialrevolutionist.com, financialrevolutionist.com, eventanalyzer.thefinancialr.com, and other related websites, products, services, and platform technologies we offer in connection with a paid, trial, or promotional subscription to you and any authorized individuals engaged by you to use the Products on your behalf (each, a “User,” and collectively, “Users”).
By using or accessing the Products, or authorizing or permitting any User to use or access the Products, you accept and agree that you are entering into a legal agreement with The Financial Revolutionist, LLC. and have understood and agree to comply with, and be legally bound by these Terms of Service (“User Agreement”). By accepting this User Agreement, you acknowledge that these Terms will be updated from time to time as described below. These Terms are in addition to any other legally binding agreement you may have entered into with us that is intended by us to govern your use of our Products.
If you are using or opening an account with us on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind such entity to these Terms, have read these Terms, understand these Terms, and agree to these Terms on behalf of the organization. You also represent and warrant that you are of legal age and otherwise competent to enter into this User Agreement in your jurisdiction.
Accordingly, you should read and evaluate these Terms and the Privacy Policy carefully before accessing or using our Products, or allowing others to access or use them on your behalf; and you should consult your legal and other advisors to make your own informed decision as to whether and how to access or our Products. You represent and warrant that the information you provide in registering for the Products is accurate, complete, and rightfully yours to use.
Do not access or use our Products if you are unwilling or unable to be bound by the Terms and any service agreement applicable to you.
Except with our prior written consent, you may not access our Products if you directly compete with The Financial Revolutionist’s business in any material way. You may not access the Products or licensed materials for purposes of monitoring the availability, performance, or functionality of the services or licensed materials, or for any other benchmarking or competitive purpose related to our business.
Our Products
Our Products and associated features and services available to you will be based on your subscription plan (“Plan”). If you registered for or purchased a Plan, the details of your Plan will be provided on your order information. We reserve the right to modify features and functionality of our Products from time to time at our sole discretion. We will determine in our sole discretion whether any new features require additional fees. We may decide to add new features to the Products and make them generally available to Users. We may or may not provide notice to you of changes to the Products. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Products.
Our Products allow you to search for professional events and conferences organized by the organizers (“Organizers”). As such, events are the sole responsibility of the Organizers, and The Financial Revolutionist only provides the means for you to view, review, save, or download and email the event organizer according to your Plan; The Financial Revolutionist is not liable for anything that concerns the professional events. The Financial Revolutionists conducts online and in-person research on professional events by sourcing data that is publicly available as published by the Organizers and may or may not update information on an as-needed basis.
Subject to the terms and conditions of this User Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license (“License”) to use our Products in accordance with this User Agreement on a mobile telephone, tablet, computer or other device (each, a “Device”) that you own or control.
You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, or rent our Products; (ii) reverse engineer, decompile, dissemble, or otherwise attempt to derive the source code for the platform; (iii) copy, modify, adapt, alter, improve, or create derivative works of the software or any part thereof; (iv) use the The Financial Revolutionist name, logo, or trademarks in any other context except for using the Products without our prior written consent; (v) use the Products to violate any applicable laws, rules, or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Terms of Service, and/or engage in any activity that interferes with or disrupts the Products.
Availability of Service
While we will use commercially reasonable efforts to keep our Products available and accessible, the Products may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third Party Services or any related application programming interface (“APIs”) and integrations. Interruptions shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.
Account
In order to use our Products, you may have to create or use an account (an “Account”). During registration you will be asked to choose a password.
When creating an account, you agree that you will only use your full, real name and will create said Account for yourself. Using or sharing your Account credentials on another person’s behalf is strictly prohibited. You agree that you will not trade, transfer, or sell access to your login or account to another party. Since The Financial Revolutionist is intended for professional use only, remember to act professionally when using it, and only use it for professional purposes.
If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You acknowledge and agree that you are solely responsible for the safe usage, maintenance, and confidentiality of the password you use to log in to our Products. You must notify us immediately of any unauthorized use of your Account by emailing us using the contact information provided below. If there is any reason for us to assume that unauthorized third parties are using the Products or Application, or a user informs us from such a use, the account will be immediately suspended.
You acknowledge and agree that the information you provide in the course of creating an account, joining The Financial Revolutionist user community, or participating in industry events or other types of uses of our Products may be provided to the Organizer, whether or not you complete the registration process, and may be used by the Organizer in connection with the event or future events or other products and services.
Location Data
Certain features or functionality (“Features”) of the Products may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy. If you do not provide or make such Location Data accessible, the Features may be limited or not operate.
Third Party Sources
The Service may also enable you to view, access, communicate, and interact with third party sources (“Third Party Source(s)”), meaning third party websites and services.
We do not assume any responsibility for the content, actions, or practices of any Third Party Sources. Your interaction with a Third Party Source and your use of, and reliance upon, any content provided by Third Party Sources is at your sole discretion and risk.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against The Financial Revolutionist, and release The Financial Revolutionist from any and all liability, arising from your use of and interaction with any Third Party Source.
Intellectual Property Rights
You acknowledge that The Financial Revolutionist and its licensors retain all title, ownership rights, and Intellectual Property Rights in and to Products (and its related services and software). We reserve all rights not expressly granted herein to the Products. “Intellectual Property Rights” means any and all rights, titles, and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Fees
Currently you have the right to use our Products, including Event Analyzer (the “Application”) according to the Plan details available on The Financial Revolutionist website, thefinancialr.com. However, we may in the future amend, adjust, replace, update, and/or revisit our fees for certain features and/or uses, and we will communicate any changes prior to their effective date. Possible payment information and payment methods will be specified and presented through the Application.
Payment Terms
For monthly Plans, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent month (“Monthly Pay Date”). We will continue to charge you for your Plan on a monthly basis unless you decide to turn off auto-renew at any time by accessing the “My Profile” page within our website or the Application. If you cancel in the month preceding your Monthly Pay Date, you will not be issued any refunds or credits of prepaid and unused fees for the remainder of the subscription term, and you will continue to have access to the Products until the following Monthly Pay Date.
For annual Plans, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent year (“Annual Pay Date”). We will continue to charge you for your Plan on an annual basis unless you decide to turn off auto-renew prior to the Annual Pay Date by accessing the “My Profile” page within our website or the Application. If you cancel during the subscription term, you will not be issued any refunds or credits of any prepaid and unused fees for the remainder of the subscription term, and you will continue to have access to the Products until the following Annual Pay Date.
Changes to Your Plan
If you choose to upgrade your Plan during your subscription term, you will be charged for the upgrade price at the end of the next billing period of the current Plan. Upgrades are not coterminous with the existing Plan. Unless auto-renew is turned off, your upgrade will automatically renew at the end of the subscription term along with your Plan.
Credit Card and PayPal Authorization
By submitting your credit card, Braintree, or PayPal information to The Financial Revolutionist, you authorize The Financial Revolutionist to store this information with its third party service providers and to charge the credit card or PayPal account you have provided to us until you disable auto-renewal, you request to cancel your subscription, or you request to terminate your account. In addition, you authorize us to use a third party payment processor in processing payments. If your credit card expires or is declined, or your PayPal information requires an update, we will provide you notice via email. If, for any reason, your payment cannot be completed through credit card or PayPal, we may suspend your account until we receive payment.
Disputes and Late Payments
You must notify us in writing of any amounts you wish to dispute prior to the date such amounts would otherwise be due. Any undisputed amount not paid when due shall be subject to a finance charge of 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. You will also be required to reimburse us for any costs or expenses (including any reasonable attorneys’ fees) we incur to collect past due amounts. Any amounts due under these Terms shall not be withheld or offset by you against amounts due to you for any reason.
Taxes
All payments you make are exclusive of federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including, without limitation, sales taxes, use taxes, and value-added taxes). You agree to be responsible for the payment of all such charges, excluding taxes based upon our net income. All amounts payable by you hereunder shall be grossed up for any withholding taxes imposed by any foreign government on your payment of amounts to The Financial Revolutionist.
Terms and Terminated
This User Agreement is effective until terminated by us or by you. Please consult these Terms periodically, as we may revise them at any time, at our discretion, and without notice. The last updated date at the top of this page will reflect the latest date any edits were made. By continuing to access or use our properties after these Terms have been revised, you shall hereby automatically be deemed to be bound by the revised Terms. If at any time you choose not to accept the Terms, you should immediately discontinue your use.
We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Products; and/or (ii) terminate this User Agreement and your use of the Products with or without cause, and shall not be liable to you or any third party for any of the foregoing. In no event will any termination by us for the foregoing reasons entitle you to any refunds or relieve you of your obligation to pay any fees payable to us prior to the date of termination; and unpaid fees under your plan will become immediately due and payable. If you object to any term or condition of this User Agreement, or any subsequent modifications thereto, or become dissatisfied with the Products in any way, your only recourse is to immediately discontinue use of the Products.
We may restrict functionality of the properties,or temporarily suspend or terminate your account. Causes for such action will be, but not limited to, if we reasonably believe you have violated these Terms; you do not pay your fees in accordance with the payment terms under your plan; at the expiration of the subscription period of your plan; you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors; or if we determine you are acting or have acted in a way that negatively impacts or reflects on us or our current or prospective partners or customers. Any suspected fraudulent, abusive, hateful, discriminatory, or illegal activity may be grounds for immediate termination of your use of our properties and may be referred to law enforcement authorities.
You may request removal of your account, any associated email address, and access to our properties by contacting us using the details provided in the “How to Contact Us” section of this policy.
Upon termination of this User Agreement, you shall cease all use of the Products. Sections titled Intellectual Property Rights, Privacy, Warranty Disclaimers, Limitation of Liability, Indemnity, Governing Law and Disputes and Miscellaneous shall survive termination of this User Agreement.
Warranty Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE FINANCIAL REVOLUTIONIST BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF THE FINANCIAL REVOLUTIONIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE FINANCIAL REVOLUTIONIST’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO THE FINANCIAL REVOLUTIONIST FOR USING THE SERVICE (NOT INCLUDING ANY FEES PAID FOR TRANSACTIONS) WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
FURTHERMORE, THE FINANCIAL REVOLUTIONIST IS NOT LIABLE FOR ISSUES RELATING TO CONSUMER PROTECTION ACT (38/1978). SUCH MATTERS ARE SOLELY THE RESPONSIBILITY OF THE ORGANIZER OF THE PROFESSIONAL EVENT IN QUESTION. YOU AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICE AND YOUR PERFORMANCE UNDER THIS AGREEMENT.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FINANCIAL REVOLUTIONIST AND OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS AND RELATED APPLICATION OR SERVICES; (II) YOUR VIOLATION OF THIS USER AGREEMENT ; AND (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT.
Assignment
THIS USER AGREEMENT, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU BUT MAY BE ASSIGNED BY THE FINANCIAL REVOLUTIONIST WITHOUT RESTRICTION OR NOTIFICATION.
Governing Law and Disputes
This User Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws rules.
In the event of any dispute arising out of this User Agreement or the breach thereof, the Parties shall use their best endeavours to settle such disputes. If the Parties do not reach such solution within a period of sixty (60) days, you agree to submit to the exclusive jurisdiction of the courts located in New York County, New York to resolve any legal matter arising from this Agreement.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
Miscellaneous
This User Agreement, and any other legal notices published by us in connection with our Services, shall constitute the entire agreement between you and The Financial Revolutionist concerning our Services. In the event of a conflict between this User Agreement and any of the foregoing, the terms of this User Agreement shall prevail.
No amendment to this User Agreement shall be binding unless in writing and signed by The Financial Revolutionist.
If any provision of this User 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 User Agreement, which shall remain in full force and effect.
No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.
You agree that any cause of action that you may have arising out of or related to this User Agreement must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
How to Contact Us
If you have any questions or comments regarding this Policy or your information, please contact us by email. We generally respond to questions or concerns within 30 days, but we reserve the right to refrain from replying if required or permitted by applicable laws. Unless otherwise stated, The Financial Revolutionist is a data controller for the personal data we collect through our properties subject to this statement. Our address is 22 West 38th Street, New York, NY 10018.
