Website Terms and Conditions of Use

Welcome to our site, owned and operated by Fire Island Financial LLC (“Fire Island Financial” “we” “our”, or “us”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website located at www.fireislandfinancial.com

By using this website, you acknowledge your assent to the following conditions of use without limitation or qualification. By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. The Site is accessed by you (“User” or “you”) under the following terms and conditions:

We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy) will mean you agree to any changes. You certify to Fire Island Financial that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. The Site and the Services are controlled and operated by our company from within the State of Florida

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Our Company makes no representation that materials on the Site or through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Fire Island Financial or its business partners may present advertisements or promotional materials on the website. Your dealings with, or participation in promotions of any third-party advertisers on the website are solely between you and the third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Fire Island Financial is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Fire Island Financial website.

Your use of the platform

Subject to your strict compliance with these Terms of Use and our Community Guidelines, Fire Island Financial grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content submitted and posted to the Website, to listen to audio Content streamed from the Platform and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Submitter”). In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines, Fire Island Financial grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

  • 1. Submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
  • 2. Participate in the community areas and communicate with other members of the Fire Island Financial community strictly in accordance with these Terms of Use and our Community Guidelines; and
  • 3. Use our Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services. The above licenses are conditional upon your strict compliance with these Terms of Use and our Community Guidelines, including, without limitation, the following:
  • (i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Submitter has elected to permit downloads of the relevant item of Content. (ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Submitter (for example, under the terms of Creative Commons licences selected by the Submitter). (iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  • 4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  • 5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  • 6. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  • 7. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  • 8. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
  • • Any content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Fire Island Financial’s reasonable discretion. • Any information, Content or material that plagiarizes, violates, misappropriates or infringes on the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or • Any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Fire Island Financial’s reasonable opinion; • Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or • Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  • 9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  • 10. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  • 11. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  • 12. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any employee of Fire Island Financial.
  • 13. You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
  • 14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  • 15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Fire Island Financial or any Submitter; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Fire Island Financial’s servers, system or network or attempt to breach Fire Island Financial data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Fire Island Financial servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Fire Island Financial under these Terms of Use, Fire Island Financial reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  • You agree to comply with the above conditions, and acknowledge and agree that Fire Island Financial has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities. Your contentAny and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Beatspeak. Beatspeak does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Beatspeak shall have the right, but not the obligation, to use such feedback on an unrestricted basis.Purchase of products from this siteThe purchase of any products from this site is governed by the terms and conditions of the sales transaction with the provider of the product. YOUR BEAT SPEAK MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEATSPEAK does not have any responsibility for the processing or delivery of products purchased from this site.Links to and from owners’ sitesOwner permits the linking to its sites from any other site so long as the linking site does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner’s site and must be to the entire site rather than to a particular file or graphic. Permission to link to any Owner site is temporary and at Owner’s sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.Public forums“Forum” means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of another’s copyright, trademark or other proprietary rights. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.By submitting content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. BEATSPEAK DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.PrivacyAll information about you and any information stored or transmitted in any way on the Beatspeak website or through the use of Beatspeak applications is subject to our Privacy Policy. Beatspeak’s Privacy Policy is incorporated into these Terms of Service by this reference.

    Jurisdiction issues

    Unless otherwise specified, the materials in the site are presented for the purpose of promoting radio stations, radio personalities, financial analysts and other products available in the United States. Owner makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1. Terms

By accessing this Website, accessible from www.fireislandfinancial.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on Fire Island Financial LLC’s Website 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;
  • attempt to reverse engineer any software contained on Fire Island Financial LLC’s Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transferring the materials to another person or “mirror” the materials on any other server.

This will let Fire Island Financial LLC to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator and the Privacy Policy Generator.

3. Disclaimer

All the materials on Fire Island Financial LLC’s Website are provided “as is”. Fire Island Financial LLC makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Fire Island Financial LLC does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

Fire Island Financial LLC or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Fire Island Financial LLC’s Website, even if Fire Island Financial LLC or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Fire Island Financial LLC’s Website may include technical, typographical, or photographic errors. Fire Island Financial LLC will not promise that any of the materials in this Website are accurate, complete, or current. Fire Island Financial LLC may change the materials contained on its Website at any time without notice. Fire Island Financial LLC does not make any commitment to update the materials.

6. Links

Fire Island Financial LLC has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Fire Island Financial LLC of the site. The use of any linked website is at the user’s own risk.

7. Site Terms and Conditions Modifications

Fire Island Financial LLC may revise these Terms and Conditions for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law

Any claim related to Fire Island Financial LLC’s Website shall be governed by the laws of the United States without regards to its conflict of law provisions.

 

 DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE

 

You acknowledge and agree to the following:

   (i)      Fire Island Financial is a publisher of financial information, not an investment adviser. We fall under the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state securities laws. We don’t provide any personalized or individual investment advice. All information provided that’s part of our Services is impersonal and isn’t specific to any person’s investment needs. You acknowledge and agree that no Content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person;

   (ii)       None of our personnel, including, but not limited to, editorial staff, employees or independent contractors (collectively, “Our Representatives”), will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice;

   (iii)      The Services and/or Content are not to be used or construed as a recommendation or offer to buy or sell, or a solicitation of an offer to buy or sell, any security, company, financial product or instrument, or to participate in any particular investment strategy, by any of the Fire Island Financial Entities (defined below) or any third party. The Services and all Content are for informational purposes only and are not intended to provide you with tax, legal, investment or accounting advice. None of Fire Island Financial Entities shall be liable for any investment decisions based upon or results obtained from the Services and/or Content. Trading in investments involves risk and volatility, and any of the investments discussed in the Services may lose their value after purchase. Past investment results are not necessarily indicative of future performance;

   (iv)      Although we have certain trading restrictions for our writers relating to investments or securities that are recommended in the Services, sometimes an outside Contributor or their affiliates could have a position in the investment or securities written about in the Services. In cases where the position is held at the time of publication, Outside Contributors may make a related disclosure; however, Fire Island Financial has no duty or obligation to investigate or determine whether Outside Contributors or their affiliates hold a position in an investment or security written about in the Services or to ensure that Outside Contributors make any such disclosure. In addition, Outside Contributors may be subject to certain restrictions on trading for their own account. In addition, certain of Our Representatives and other persons from our affiliates may, from time to time, have positions in, or buy or sell, the investments, securities or derivatives thereof that are referenced in the Content and may take positions inconsistent with the views expressed therein;

   (v)      Where Services and/or Content provided by Fire Island Financial consists of pricing or performance data, such data has been obtained from third-party sources reasonably believed to be reliable. However, the accuracy, completeness or timeliness of any such data or data calculations are not guaranteed by the Third-Party Providers (defined below) of such data or by Fire Island Financial, or any other third party. You acknowledge and agree that we do not have control over the quality, accuracy, completeness, veracity or legality of Content provided by Third-Party Providers and Outside Contributors;

   (vi)      From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon;

   (vii)      When U.S., international, cryptocurrency and/or other similar exchanges are open, any quotes that we may provide through our Platforms are delayed (other than those obtained through any real-time quote services we make available to users of certain Services). When such exchanges are not open, quotes are only current as of the close of the last day of trading. You acknowledge and agree that neither Fire Island Financial nor any Third-Party Provider of these quotes or related data shall be liable to you or any third party for any damage or loss resulting from your reliance or trading on the quotes, information or data contained or referenced in the Content or Services.  

   (viii)      To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments, and is chosen by Our Representatives or Outside Contributors in accordance with our or their stated investment strategy and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons, including, but not limited to, trading commissions or pricing differences due to timing of a purchase or sale of an investment in the portfolio; and

   (ix)      The information, research and opinions and other Content that Fire Island Financial provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment. None of the information provided as part of our Services constitutes, or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of Fire Island Financial’s model portfolio products or in any of the other Services, is speculative in nature and involves substantial risk of loss of the money invested.

  1. CONTENT

We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Fire Island Financial shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.

Certain Content or other features of the Services may also have their own specific terms and conditions that you agree to when you sign up for, or use, that particular product, function, or service (“Specific Terms of Service”). Specific Terms of Services may be described in an Annex to this Agreement and/or may be provided to you through the Services at the time you elect to sign up for, or use, that particular Service.  Each Specific Terms of Service supplements and is made part of this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable Service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.    

  1.     LICENSE; USER REPRESENTATIONS AND WARRANTIES

  2.     LICENSE TO USE THE SERVICES

Fire Island Financial grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services, and to use the Content provided within each Service, in each case solely as expressly permitted hereunder and solely for your own personal, non-commercial purposes. Your right to use the Content is limited to downloading and/or printing one (1) copy of any Content for your own personal, non-commercial use.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Services or Content.  In no event shall you use any Content available through the Services for any other purpose, or provide access to any Service, or copy, disclose, share or redistribute any such Content to any third party for any other use.  Fire Island Financial reserves all rights not expressly granted in and to the Services and/or the Content.

  1.     USER REPRESENTATIONS & WARRANTIES AND USE RESTRICTIONS

In consideration of your use of the Services and/or the Platforms, you hereby represent and warrant as follows (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this Agreement):

  1.     You can form legally binding contracts under applicable law and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions;
  2.     You are at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with Fire Island Financial, and are responsible for supervising the activities of any under-age User;

    iii.     To your knowledge, there is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;

  1.     Entering into this Agreement or otherwise purchasing, using or accessing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default or result in a termination of, any agreement or instrument to which you are a party;
  2.     You have taken all actions required by applicable law and have obtained all consents which are necessary to authorize or enable you to enter into this Agreement and/or purchase, use or access the Services;
  3.     You will provide/maintain your User Account with current, accurate and updated information for registration purposes and for our use in contacting you regarding the Services and otherwise for notices and/or updates from us, and you will check such points of contact frequently throughout the term of this Agreement for notices and/or updates from us;

    vii.     You shall not use the Services in any manner that either directly or indirectly infringes any rights of Fire Island Financial or any third party;

    viii.     Your use of the Services will in all respects conform to all applicable laws, rules and regulations and you accept sole and absolute liability for harm caused by the wrongful use of the Services;

  1.     You agree not to engage in any of the following prohibited activities: (A) copying, republishing, re-purposing distributing or disclosing any part of the Services and/or Content, in any medium, including, but not limited to, by any automated or non-automated “scraping”; (B) using any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Fire Island Financial servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Fire Island Financial grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (C) transmitting spam, chain letters or other unsolicited communications; (D) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services; (E) taking any action against condition(s) that imposes or may impose an unreasonable or disproportionately large load on our infrastructure based on our sole discretion; (F) uploading invalid data, viruses, worms or other software agents through the Services; (G) collecting or harvesting any User’s personal information from the Services; (H) using the Services for any commercial solicitation purposes; (I) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (J) interfering with the proper working of the Services; (K) restricting or inhibiting any other User from using the Services, including, but not limited to, by means of “hacking” or blocking access to any portion of our Platform; (L) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (M) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; (N) disclosing or sharing Credentials; (O) modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any parts of the Services; (P) framing or linking to any information or Content on the Services; (Q) posting or submitting any inaccurate, incomplete or false biographical information or another person’s information; or (R) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening or obscene as determined by Fire Island Financial in its sole discretion;
  2.     You are solely responsible for all statements made and acts or omissions that occur on your User Account;
  3.     A maximum of three simultaneous log-ins are allowed per User Account.  This simultaneous login limit applies to the total number of logins at any given time regardless of device type (e.g., computers, tablets, mobile devices, etc.).

    xii.     You agree that you are solely responsible for contacting us, consistent with and pursuant to the terms of this Agreement, with notice of your decision to cancel or discontinue the Services. IF NO SUCH NOTIFICATION IS GIVEN TO US BY YOU, WE WILL ASSUME YOU ARE SATISFIED WITH AND ACCEPT ALL SERVICES, AND WE WILL BILL ANY RELATED SERVICE FEES DIRECTLY TO YOUR PAYMENT ACCOUNT (DEFINED BELOW).

We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof for any reason, with or without notice and without any liability to you or any third party, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse in your use of the Services, if we believe that such suspension or termination is necessary for the security of the Services, Content or any User Data (defined below), or for no reason.

You are solely responsible for your interactions, if any, with other Users. We reserve the right, but have no obligation, to monitor communications and disputes between you and other Users. Fire Island Financial shall have no liability for your interactions with other Users, or for any User’s action or inaction. Fire Island Financial shall have no obligation to you to enforce this Agreement against any other User.

You shall be responsible for obtaining the requisite communication lines and internet connections to interface with the Services and you shall bear all risks of failing to make concurrent modifications to your devices and equipment.

You expressly waive any and all rights against Fire Island Financial and hold us harmless in connection with any claims relating to any action taken by us as part of our investigation or remediation of a suspected violation or result of our conclusion that a violation of this Agreement has occurred, including, but not limited to, the suspension or termination of your User Account.

  1.     REGISTRATION AND PRIVACY

  2.     REGISTRATION; CONFIDENTIALITY

In order to access certain Services, you must apply and register for an account for the Service (“User Account”). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials (“Credentials”), which will be assigned specifically to you. Fire Island Financial, in its sole discretion, may deny User Account registration to you for any or no reason.

Unless otherwise provided in this Agreement, you may only activate one (1) User Account. Fire Island Financial may rely on the accuracy of such information provided by you in your User Account and on any activity on the Service conducted through the use of Credentials.

You are solely responsible for maintaining strict confidentiality of your Credentials and ensuring that Credentials are used only by you and not used by or disclosed to any third party. All Users must keep their User Account passwords secure and we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols). You must immediately notify Fire Island Financial by emailing us at staff@fireislandfinancial.com (or other email address we designate) when you become aware of any possible unauthorized use of your User Account, or any possible breach of security, including loss, theft or unauthorized disclosure of your Credentials. Upon receipt of the foregoing notice, Fire Island Financial may, in our sole discretion, undertake commercially reasonable efforts to suspend or disable the applicable Credentials and you shall be responsible for any actions taken prior to such notification. You are solely responsible for all activities that occur under your User Account whether by you or any other person who gains access to the Service by use of your Credentials or otherwise as a result of your failure to use reasonable security precautions. You agree that in no event shall Fire Island Financial be responsible for any losses directly or indirectly caused by the unauthorized use or misuse of your User Account or Credentials. You are not permitted to transfer to or re-sell your use of or access to the Services or Content to any third party.

  1. PRIVACY

Please see our  Privacy Policy  which describes how we collect, use and share your personal information and which sets forth our policies regarding how we and our affiliates, partners, vendors and service providers may contact you.

  1.     TERMS APPLICABLE TO PREMIUM SERVICES

THE FOLLOWING PROVISIONS APPLY ONLY TO PREMIUM SERVICES. YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE. 

  1.     SUBSCRIPTIONS, FEES AND PAYMENTS

Premium Services are made available on a subscription basis.  As consideration for the Premium Services you purchase you agree to promptly pay Fire Island Financial all applicable prices and fees (collectively, the “Fees”) as designated in the related order process, with such Fees subject to change as provided in this Agreement. All Fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement, as required by applicable law, or as such Fees are billed by us under an invoice or order confirmation for Premium Services issued to you that expressly permits payment within thirty (30) days (or other time period if so expressly provided) after we have sent you such invoice or order confirmation. 

We reserve the right, in our sole discretion, to change or modify the Fees, charges or other conditions for use of the Premium Services upon reasonable notice to you. Unless otherwise indicated in your invoice, you are responsible for the payment of, and accordingly agree to promptly pay, all applicable taxes (other than based on Fire Island Financial income) relating to the Services or payments made by you hereunder including, but not limited to, sales tax, use tax, value added tax (“VAT”), and other taxes and governmental charges, whether federal, state or foreign as well as all duties and charges on your payment for the purchase of Premium Services arising from any Fees. All payments of Fees shall be made in U.S. dollars. Taxes will be calculated based on where you receive services determined by your User Account address. All taxes charged will be reflected in your invoice upon payment.

Our transaction processing is supported only in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not in U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company. In addition, due to time differences between (i) the time you complete the checkout process; (ii) the time the transaction is processed; and (iii) the time the transaction posts to your bank or credit card, the conversion rates may fluctuate and we make no representations or warranties that (a) the amount submitted to your bank or credit card for payment will be the same amount that is posted to your bank or credit card statement or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims against Fire Island Financial based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged VAT based on the country indicated in the User Account’s address information associated with your account.

Unless otherwise stipulated in the related order process, payment for the Premium Services are to be made via a charge to your credit card, bank account, or other payment methods we deem acceptable that you provide to us (the “Payment Account”). You are solely and absolutely responsible for any information related to the Payment Account that you provide to Fire Island Financial and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase a Premium Service, you authorize us to charge the order to the Payment Account or to otherwise immediately bill you for such Premium Services. You acknowledge and agree that unless otherwise expressly stated in the order process or otherwise changed afterwards in accordance with the applicable process, all annual, monthly or other recurring Fees related to the Premium Services or otherwise referenced in this Agreement are to be recurring transactions that will be billed on an ongoing basis until such Premium Services are terminated in accordance with this Agreement. If you have provided billing information sufficient for automatic billing, then we will bill you automatically in accordance with the applicable billing frequency. You are obligated to pay for the full amount of the Agreement, even if such full amount is scheduled to be paid in installments. If you elect to pay for the Premium Services in installments, provided such a payment schedule is expressly permitted and accepted by us, all installments must be received on or before the applicable due date.

You agree to pay all Fees and other charges incurred in connection with your Payment Account (including, but not limited to, any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any Fire Island Financial rights hereunder, should any Fee payment become delinquent, we may suspend or cancel your Services; provided, however, related charges will continue to accrue. You acknowledge and agree that Fire Island Financial is not responsible whatsoever for any effect the suspension of Services might have on you or any third party. If Fire Island Financial provides any Service discount to you and you default on payments or obligations as outlined herein, Fire Island Financial may rescind all discounts and require full payment for the Services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. Fire Island Financial further reserves the right to refer any amounts owed hereunder to a third party for collection in the event of default. In the event your account is sent to collection, you agree to pay all costs of collection, including costs, litigation and attorneys’ fees. A collection fee may be charged for all dishonored checks. Moreover, an additional fee may also be assessed for the following reasons: (i) late payment; (ii) payment with insufficient funds; (iii) denied or invalid credit card number; or (iv) the re-starting or reinstating of Services terminated for nonpayment. Fire Island Financial will re-start or reinstate any such Service in our sole and absolute discretion and subject to our receipt of the applicable Fee.

If you pay for the Services by credit card or other applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank card, credit card or other payment method) against these Fee payments for any reason whatsoever against Fire Island Financial . If for any reason Fire Island Financial is unable to charge your Payment Account for the full amount of the Fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, payment dispute or are charged a penalty for any Fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your noncompliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) recouping any and all costs and fees incurred by Fire Island Financial as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the Payment Account you have on file with Fire Island Financial

Information regarding current subscription rates for our Premium Services can be found on the applicable Premium Service’s webpage and/or by contacting our Customer Service Department at staff@fireislandfinancial.com

YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT FIRE ISLAND FINANCIAL MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.

  1.     TERM; SUBSCRIPTION RENEWALS

Your subscription will continue for the period referenced during registration (the “Term”) and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription by  emailing us at  staff@fireislandfinancial.com (or other email address we designate) or by another designated cancellation method. You must notify us by using one of the foregoing methods at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means. No action by you or your failure to notify us as stated above will result in the then-applicable monthly, periodic or annual subscription fee being billed automatically to your Payment Account.  Please note that in connection with recurring billing for subscription renewals for such Premium Services, you authorize Fire Island Financial to bill the payment method(s) associated with your Payment Account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed. 

Services to which you subscribe to on a recurring basis will automatically renew on a recurring basis until the Agreement is properly terminated in accordance with its terms. You agree that if you are enrolled in or otherwise utilizing our automatic renewal service, we will attempt to renew your service at some point less than ninety (90) days prior to its expiration with notice to you. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then current term of the Services, and that we are authorized to charge your Payment Account for the renewal of the Services. In any event, you are solely and absolutely responsible for the credit card or payment information you provide to Fire Island Financial and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that Fire Island Financial may extend the expiration date on your credit card on file with us in order to protect against unwanted expiration of your Services and to allow for the automatic renewal thereof.

In the event that you are not enrolled in our automatic renewal service, or have opted out of the automatic renewal service, and want to renew your Services, you acknowledge and agree you are responsible for actively renewing your Services and you further assume all risk and consequences of not enrolling in the automatic renewal service. If any Service is not successfully renewed prior to the expiration of its then current Term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You are solely and absolutely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us or a third party. In order to process a renewal under our automatic renewal service, we may receive information from financial institutions or use third-party vendors for the purpose of updating the expiration date and account number of your credit card or other payment method on file relating to you Payment Account. Such financial institutions and third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated information relating to your Payment Account by comparing the information we have on file with the information the financial institution or third-party vendor has on file. By using our automatic renewal service, you acknowledge and agree that we may share your credit card or other payment method information relating to you Payment Account with such financial institutions or third-party vendors for the purpose of obtaining any updates to your credit card expiration date, account number or any other information relating to your Payment Account.

  1.     CANCELLATION; REFUNDS

To cancel certain purchases of Fire Island Financial products or Free Services, you may cancel by changing your preferences in your User Account, contacting us by email at staff@fireislandfinancial.com, or by another designated cancellation method. Premium Services may be cancelled as set forth below.

We offer a 14 day money back guarantee for any subscription purchased but that is only provided for new subscribers. If an existing user has already purcachased a subscription prior and past the 14 day trial period, they may not receive a second money back guarantee. During any free trial portion of your subscription, you may cancel your subscription to the Premium Service at any time and not be billed by notifying us as described above.  You must cancel one (1) day before the 14 day trial period expires in order to avoid being converted to a paid subscription. 

When your initial subscription commences (which occurs at the expiration of your 14 day trial, or if you are not receiving a free trial, upon your registration for a subscription) your Payment Account will be billed the applicable subscription Fee and your paid subscription will commence.  Once your initial subscription commences, we do not provide refunds for initial orders or recurring monthly payments. If you cancel your monthly subscription for a specific Premium Service, you will not receive a refund or reimbursement of your monthly subscription Fee; however, you will not be charged any future monthly subscription Fees relating to such Service. If you are a User for a Term longer than a month (including, but not limited to, annual subscriptions) and you cancel within the first thirty (30) days of your initial subscription, you may receive a refund of your subscription fee minus the equivalent of one-month pro-rated charge. Please note that if you cancel your subscription at any time after the first thirty (30) day period of your initial subscription for which the Term is longer than one (1) month, you will not be entitled to any refund or reimbursement on account of the cancellation of your subscription, regardless of whether you have used your subscription.  

You can cancel your subscription by emailing us at staff@fireislandfinancial.com or by any other designated cancellation method. You may not cancel a subscription by any other means.  If you are entitled to a refund, we will seek to credit your Payment Account within seven to fourteen (7-14) business days following your mandatory notification to us.

If you order any Services by telephone and do not agree to be legally bound by this Agreement at that time, you must notify Fire Island Financial within seventy-two (72) hours from the time that Fire Island Financial has sent you an introductory e-mail to your User Account e-mail address on record, that you desire to cancel such Services, whereby the Services will be cancelled, and a refund of any payments or Fees already paid to Fire Island Financial with respect to the order of the Services will be issued, with no further obligation by either us or you.

  1.     INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to: (A) the Services and the Content; (B) all registered and unregistered trademarks, service marks and logos; (C) all trade secrets, proprietary information, our confidential information, and know-how; (D) all registered and unregistered copyrights including, but not limited to, any text, video, audio, forms, images, displays, and software; (E) Processed Data (defined below); (F) Activity Metadata (defined below), (G) Feedback (defined below), and (H) all other intellectual property, proprietary rights or other rights related to tangible or intangible property which are used, developed, comprising, embodied in or practiced in connection with any of the Services identified herein (collectively, “Fire Island Financial Intellectual Property Rights”) are owned by Fire Island Financial and/or its Outside Contributors, and you agree to make no claim of interest in or ownership of any such Fire Island Financial Intellectual Property Rights. You acknowledge and agree that no title to the Fire Island Financial Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in any of the Services, other than the rights expressly granted in this Agreement. The right, title, and interest to the User Data is owned by you.

Except as otherwise provided herein, you may access and use the Content, and download and/or print out one copy of the Content solely for your personal, noncommercial use, provided that any material copied remains intact and includes the following notice: “Copyright [applicable year].  Fire Island Financial.  All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of the Content, is prohibited without our prior written permission. That means you may not sell, transfer or barter your subscription, our Services or Content, or any individual publication. You acknowledge and agree that you do not acquire any ownership rights in the Content by using the Services. You agree not to create any modification or derivative work based on or containing the Services and/or Content. 

“Fire Island Financial” and certain other marks used on the Services are trademarks and/or service marks of Fire Island Financial. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.

If you provide any feedback or suggest any changes or modifications to any Service (“Feedback”), such Feedback shall be deemed non-confidential and Fire Island Financial will own all right, title, and interest in, and shall have all rights to use, such Feedback. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback and agree to provide us any assistance we may require to document, perfect and maintain our rights in the Feedback. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Service. You agree that any derivative or transformed data derived by us in whole or part from User Data that does not include your personal information (“Processed Data”) shall be the exclusive property of Fire Island Financial, and nothing herein shall limit our use or exploitation thereof.  

You acknowledge and agree that we have the right, but do not have the obligation, to access, archive or monitor metadata generated by your activity in using the Services, including as reasonably necessary to operate, maintain, improve and develop the Services and provide the Services to you or other Users, including to ensure service quality, to evaluate and maintain the Services and the security thereof, and to evaluate compliance with this Agreement, applicable laws, rules or regulations (“Activity Metadata”).

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify us as set forth in our  DMCA Policy 

  1.     DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIRE ISLAND FINANCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE “FIRE ISLAND FINANCIAL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE

THE FIRE ISLAND FINANCIAL ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. THE FIRE ISLAND FINANCIAL ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT OF, THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE FIRE ISLAND FINANCIAL, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.FIRE ISLAND FINANCIAL FURTHER DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND FIRE ISLAND FINANCIAL DOES NOT MAKE ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT RESULTS, RETURNS, PERFORMANCE OR OTHER OUTCOMES) THAT MAY BE OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE UPON, THE SERVICES.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF the SERVICES.

  1.     LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE FIRE ISLAND FINANCIAL ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE FIRE ISLAND FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FIRE ISLAND FINANCIAL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT OR OTHERWISE — EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

The commencement of any action or proceeding on any claim regarding the Services must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought by you for indemnification.

  1.     INDEMNIFICATION

You agree to indemnify, defend and hold harmless the FIRE ISLAND FINANCIAL, their current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from:

  • Your breach of your warranties, representations and obligations under this Agreement;
  • Your failure to perform in accordance with this Agreement;
  • Your use of the Services in any way other than its normal way or in a way not required or recommended by us;
  • Your violation of the rights of any third party;
  • Your registration or use of a User Account; or
  • the actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the Services.

If any Service which is subject to this indemnity is claimed, alleged or determined to infringe a patent issued to, or a copyright registered by, or either owned by or licensed to, any third party, FIRE ISLAND FINANCIAL shall have the right and option to modify the Services to avoid such infringement. If, in our sole opinion, such modification cannot practicably be accomplished to avoid such infringement, we shall have the right to terminate this Agreement without liability on the part of any FIre Island Financial Entity to you. In the event your purchase of a Premium Service is terminated under this paragraph, we will refund to you the full price for any unused portion of such Premium Service.  In such an event, Fire Island Financial shall have the right in our sole discretion to elect to defend against or to settle any such third-party claim or third-party suit. You shall, at Fire Island Financial request, but at our expense, cooperate with us and provide assistance and information with respect to any such claim or suit. We shall have the right to select counsel, at our expense, to defend against any such claim or suit. If you shall also elect to be represented by your chosen counsel, you shall pay the fees and expense of such counsel. You must receive Fire Island Financial prior written consent regarding, and in advance of, any related settlement.

This defense and indemnification obligation shall survive this Agreement and your use of the Services.

  1. TERMINATION

  2.     GENERAL

Without limiting the foregoing, Fire Island Financial may terminate this Agreement immediately for any or no reason and with or without notice to you (including by terminating your User Account, Credentials and/or access to any Service) if: (i) Fire Island Financial reasonably believes that the Services are being used in violation of this Agreement or applicable law; (ii) Fire Island Financial believes your use of any Service interferes with the normal operations of the Service or creates any threat to the security of the Service, Platform, or the Content of any other User of the Service; (iii) Fire Island Financial becomes aware of what it, in its sole discretion, deems a credible claim that the Service or any portion thereof infringes upon the intellectual property rights of a third party; (iv) Fire Island Financial is required to do so by law; (v) in the case of Free Services, Fire Island Financial reserves the right to terminate User Accounts related to Free Services that remain idle for a period of thirty (30) days or more; or (vi) in the event you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any Fees payable to Fire Island Financial. If you have questions about a payment made to us, contact our Customer Service Department by email a staff@fireislandfinancial.com before filing a chargeback. Fire Island Financial reserves our right to dispute any chargeback. For the avoidance of doubt, if you purchase Premium Services which are sold together as a solution or bundled package of Services, any termination relating to any one Service or bundled package will terminate all Services included in such solution or bundled package, provided, however, that we may, in our sole discretion and subject to your agreement to be bound by this Agreement and to pay the applicable Fees, allow you to convert certain Services included in the bundled Services to stand-alone Services.

Without limiting Section 7(C), you may terminate the Agreement at any time, except that such termination does not relieve you from your obligation to pay any Fees for Premium Services for the remainder of the applicable Term.

  1.     EFFECT OF TERMINATION

Upon the effective date of termination, Fire Island Financial will no longer provide the Services to you, any licenses granted to you will immediately terminate, and you must cease using such Services immediately, and all rights and obligations of the parties hereunder shall terminate, except that Sections 2, 3, 4, 5.B, 6.B, 8, 9, 10, 11, 12, 13, 15 and 17, as well as any right or obligation in the Agreement, which, by its express terms or nature and context is intended to survive expiration or termination of this Agreement, shall survive expiration or termination of this Agreement.

User agrees that if their User Account is so terminated pursuant to Sections 12(A)(i)-(iii), the User will not attempt to establish a new User Account or otherwise engage in infringing our copyrights or other intellectual property rights under any name, real or assumed.

In order to comply with applicable law or other recordkeeping practices in the ordinary course of our business, or to otherwise enforce our rights under this Agreement, we may retain indefinitely for our records a copy of any and all User Data. We are not responsible for maintaining any records on your behalf.

  1. THIRD-PARTY PROVIDERS & THIRD-PARTY SITES

Fire Island Financial may retain affiliates and/or other third-party service providers to assist or support us in providing the Services (including, but not limited to, any security, technology, support, legal, compliance, administrative or similar function) (each a “Third-Party Provider”).

The Services may contain links to third-party websites, advertisers, products, content, information, services or other events or activities that are not owned or controlled by Fire Island Financial (collectively, “Third-Party Sites”). We do not endorse or assume any responsibility for any such Third-Party Site.  If you access a Third-Party Site via a link on the Platform, the inclusion of any link to a Third-Party Site on the Platform does not imply that we endorse such Third-Party Site, and your access and/or use of the link and the Third-Party Site is done at your own risk. A Third-Party Site may have its own service agreement or other related terms and conditions, and it is solely your obligation to review, accept and abide by those service agreements or other related terms and conditions.  You expressly agree that Fire Island Financial is not responsible or liable in any way for (i) the availability or accuracy of any such Third-Party Sites or (ii) the content, terms and conditions, policies, advertising, practices or products of any such Third-Party Sites. Additionally, your dealings with or participation in the promotions of any advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Fire Island Financial shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Disclaimer

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE OWNERS OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Other provisions

These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Montgomery County or Washington DC and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If these disclaimers do not apply to you, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with any Beatspeak applications is to discontinue use. Beatspeak’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and no waiver shall be effective unless it is made in writing and signed by an authorized representative of Beatspeak. These terms along with the terms of the Privacy Policy is the entire agreement between us relating to the subject matter herein.

Indemnity: YOU WILL INDEMNIFY AND HOLD FIRE ISLAND FINANCIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE BEATSPEAK SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF BEATSPEAK WEBSITE OR APPLICATIONS.