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Financial
Circles'
Terms of
Use
Agreement
- Welcome to Financial
Circles! We are Living Possibilities, Inc. doing business as Financial
Circles. We hope you'll enjoy and gain tremendous benefit from
our services, and we also want to summarize some of the terms of these
services.
- We aren’t responsible
for any decisions you make based on using our services and we do not
provide individual investment advice.
- Our services provide
powerful interpersonal work, but not therapy.
- We hold confidentiality
in high esteem, but aren’t liable for information about your finances
that is shared (except for our guarantee of privacy for your contact
information, credit card information, and other data you submit to our
database).
- Our intellectual
property is carefully guarded.
Our services include live
courses, Action Path membership, discussion boards, the benefits that
come with our levels of membership and other offers (collectively, the
"Services"). By registering for our Services you're
agreeing to be bound by these Terms and Conditions. If you don't wish
to be bound by what we've written below, you shouldn't register with
Financial Circles, or any of the associated programs from Living Possibilities,
Incorporated or use the Services we provide. We may change these terms
at any time but will post a notice in advance on this website of any
material changes; your continued use of Financial Circles and its Services
means that you accept any new or modified terms and conditions.
- Our Services
Our Services are intended
to educate and enlighten you on a variety of personal finance and related
topics in a collaborative group environment. While our Services
promote the sharing of personal and financial information, we are not
providing group therapy nor are we providing individual financial advice.
If you decide to follow any investment or other personal finance suggestions
made during the use of our Services, you should first do your own research
to determine if it is right for you. We cannot be held responsible
for the decisions you make as result of using our Services.
Service fees are due in
advance. If you don't cancel your subscription within the trial offer
period, we will charge the Paypal account, credit card, or other account
you provided during the sign-up process. You agree to pay the applicable
subscription fee as set forth on this site. Your membership will automatically
renew until you notify us of your decision to terminate your membership.
Accordingly, you agree that your membership fee or subscription will
be billed automatically at the beginning of each renewal period at the
then-current rate to the credit card you used in your most recent transaction
with us. You may cancel your membership at anytime and receive a pro-rated
refund by contacting Financial Circles Member Support at membersupport@financialcircles.com.
Specific offers may have money-back guarantees as well.
Financial Circles reserves
the right to increase a Service's fees or institute new charges upon
reasonable notice. In the event we terminate a Service, you agree that
Financial Circles may transfer your subscription to another Service
of equal or greater value, or to lower your monthly Service fee. Of
course, you may cancel your membership to the new Service at anytime
and receive a pro-rated refund.
- Intellectual
Property
All of the Content on our
websites and any Service we provide is protected by U.S. and international
copyright laws and is the property of Living Possibilities, Inc. and/or
providers of the content under license. By "Content" we mean
any information, mode of expression, or other materials and services
from Financial Circles’ courses or website. This includes message
boards, blogs, chats, software, our writings, graphics, Journal entries
and ratings, and any and all other features.
Whether you are posting
content on our website, providing suggestions regarding our Services
or otherwise, you hereby assign all intellectual property rights, title
and other proprietary rights of any nature arising from or relating
to your participation in the website or any Service to Financial Circles.
- Conduct
Financial Circles encourages
active dialog and sharing of information among our members. All we ask
is that it's done in a lawful and civil manner - be it in our courses,
posting on our boards or using our system to contact our Team, guests,
or other members directly. Accordingly, you agree to use Financial Circles
Services for lawful purposes and in lawful ways only.
Financial Circles may at
any time, without prior notice and at our sole discretion, remove any
post, terminate the membership, or take any action for violating the
above provisions or otherwise acting outside the norms of our programs.
In the event of termination of a Service, you will receive a pro-rated
refund.
- Disclaimer of
Warranties and Liabilities
Financial Circles provides
a broad range of information and commentary. We can't and we don't warrant
the completeness or accuracy of the Content found in our Services or
its usefulness for any particular purpose. And although we have incredibly
talented course leaders and guest advisers, Financial Circles makes
no promises that our content or any of the Services will be delivered
to you uninterrupted, timely, secure or error-free. In fact, we're not
making any promises or warranties except that we'll do our best to provide
interesting and helpful information and education. Other than that,
we reserve the right to be wrong.
Now what does this all
mean? It means that you agree that under no circumstances will Financial
Circles, its employees or its agents be liable for direct, indirect,
incidental or any other type of damages resulting from your use or downloading
of any material from our live or online courses or on our sites, even
if we have been advised of the possibility of such damages. This includes,
but is no way limited to, loss or injury caused in whole or in part
by our negligence or by events beyond our control in creating or delivering
any of our Services.
One of the principal tenets
here at Financial Circles is that the best person to handle your finances
is YOU and by your use of our Services, you're agreeing that you bear
responsibility for your own research and decisions. You also agree that
Financial Circles, its directors, its employees, independent contractors
and its agents will not be liable for any investment decision made or
action taken by you and others based upon reliance on news, information,
opinion or any other material published through our Services. Financial
Circles relies on various sources of information that we believe to
be accurate and reliable. There are numerous contributors here, most,
we believe, with interesting and insightful information and opinions
to share. But we can't and won't take responsibility, or make any claims
or representations, for the accuracy, completeness, or even the truth
of every bit of data, information, and opinion provided through our
Services. Remember: all information and content provided on or by Financial
Circles is to be used on an "as is, with all faults, we're not
perfect" basis.
Additionally, we're not
investment advisers and we cannot provide personalized advice. We can't
know all the relevant facts about you and your individual needs, and
we cannot claim or represent that any particular Services are suitable
for you. If you want personal advice, then you should seek a registered
investment adviser.
The nature of our Services
encourages the sharing of personal information to foster a supportive
environment for learning about personal finances. This means that while
involved in our Services, you may be exposed to another member's financial
or other personal information ("Personal Information") or
you may share your own Personal Information that you do not want shared
outside the program. As a participant of any Financial Circles Service,
you agree to maintain each other participant's Personal Information
as strictly confidential and shall not share any other participant's
Personal Information with anyone outside of the program during and after
your involvement in the program, nor shall you use any other participant's
Personal Information for any purpose other than the contemplated uses
within the scope of the Financial Circles program. YOU ALSO ACKNOWLEDGE
THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED OR USED BY ANOTHER PARTICIPANT
IN VIOLATION OF THIS AGREEMENT, AND YOU EXPRESSLY ASSUME ALL RISKS RELATED
TO THE FOREGOING AND WILL DISCLOSE OR WITHHOLD YOUR PERSONAL INFORMATION
ACCORDINGLY.
Additionally, you agree
not to share your financial account numbers with anyone in the programs, nor
with staff or consultants of Financial Circles except in the case of
processing a credit card order for membership. You further agree to
hold Financial Circles harmless if your account information is compromised.
You hereby waive, release
and forever discharge Financial Circles, its present and former officers,
directors, managers, employees, consultants, independent contractors,
agents, attorneys, affiliates, successors and assigns (each, a "Released
Party"), of and from any and all actions, claims, demands, damages,
costs, liabilities, loss of profits, expenses and compensation on account
of any grounds whatsoever, whether at law or in equity, known or unknown,
which you had, have and/or may have against each Released Party arising
from or relating to your sharing of any Personal Information, including
but not limited to any disclosure or use of your Personal Information
by another participant ("Released Claims") or by a contractor
or employee.
It is understood and agreed
that this waiver and release forever extends to all claims of every
kind, nature or description whatsoever, known or unknown, suspected
or unsuspected, arising from or related to the Released Claims, without
regard to the subsequent discovery or existence of different or additional
facts relating thereto. YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS
YOU MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH
READS:
A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
You agree that you will
indemnify, defend and hold harmless Financial Circles (and its directors,
officers, employees, managers, agents, attorneys, affiliates, contractors,
successors and assigns) with respect to any and all actions, claims,
demands, damages, costs, liabilities, loss of profits, expenses and
compensation on account of any grounds whatsoever, whether at law or
in equity, brought by any party that arises from or related to any breach
of this Agreement by You, including but not limited to any disclosure
of Personal Information by you in violation of this Agreement.
NEITHER FINANCIAL CIRCLES
NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN
FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS AND ANY ERRORS
WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY
CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES, YOU
EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS
OF ITS CONTENT.
SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD
PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
IN NO EVENT SHALL FINANCIAL
CIRCLES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM (I) YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY SERVICES OFFERED
BY FINANCIAL CIRCLES OR ITS AFFILIATES; (II) ERRORS, MISTAKES, OR INACCURACIES
OF DATA OR CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY
ERRORS OR OMISSIONS IN ANY DATA OR CONTENT; AND/OR (VII) ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINANCIAL
CIRCLES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT THE TOTAL
LIABILITY, IF ANY, OF FINANCIAL CIRCLES ARISING FROM OR RELATING TO
THE WEBSITE AND/OR ITS SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF
FEES ACTUALLY PAID TO FINANCIAL CIRCLES BY YOU HEREUNDER.
THE WEBSITE MAY CONTAIN
LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED
BY FINANCIAL CIRCLES, INCLUDING BUT NOT LIMITED TO THIRD PARTY PAYMENT
SERVICES SUCH AS PAYPAL. FINANCIAL CIRCLES DOES NOT HAVE ANY CONTROL
OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES,
OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, FINANCIAL
CIRCLES WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY
SITE. YOU EXPRESSLY RELIEVE FINANCIAL CIRCLES FROM ANY AND ALL
LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY,
PLEASE READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY
WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED
ON THE FINANCIAL CIRCLES WEBSITE.
- Communication
Federal or state law may
require that we notify you of certain events. You hereby acknowledge
and consent that such notices will be effective upon our posting them
on our websites or sending them to you via email (another reason to
please keep your account settings current). If you do not provide us
with accurate information, we cannot be held liable if we fail to notify
you. You may request that we provide such notices to you in paper format,
by writing to General Counsel, Living Possibilities, Inc., 415 Bellevue
Ave. #3, Oakland, CA 94610.
- Everything Else
Our services are directed
at a U.S. audience. We can not warrant that the Services are appropriate
for users outside the United States or that use of the Services is permitted
under the laws of other jurisdictions. All personal data is maintained
in the United States under the terms of our Privacy Policy which is also incorporated by reference.
Please note that certain
individual Services (such as individual courses) may have their own,
or additional terms and conditions. In the event of a conflict, the
terms for the individual Service will control with respect to the Service
in question.
If any provision in this
Agreement is found to be invalid, or unenforceable, the remaining provisions
will continue in full force and effect. This Agreement is and always
will be governed by the laws of the United States of America and the
state of California (except with respect to choice of law). You agree
that the proper exclusive venue for any claim arising under this Agreement
will be the U.S. Court for the Northern District of California or the
appropriate California state court located in Alameda County.
This Agreement contains
the entire agreement and understanding of the Parties concerning the
subject matter herein. This Agreement supersedes all prior communications,
discussions, negotiations, proposed agreements and all other agreements
between the Parties concerning the subject matter herein, whether written
or oral, excepting solely any and all prior confidentiality and nondisclosure
agreements to the extent they are not expressly superseded by this Agreement.
No representations other than those expressly set forth in this Agreement
have been made to Participant or relied upon by Participant in entering
into this Agreement. This Agreement may be amended only by a signed
by duly authorized individuals for both Parties, which references this
Agreement and expressly sets forth the intention of both Parties to
amend this Agreement, and no other conduct or representations, whether
written or oral, by or between the Parties shall operate to modify or
amend this Agreement in any manner whatsoever. It is the express
intent of the Parties that this Agreement and any amendment hereto shall
be interpreted solely by reference to the explicit, written terms therein.
Arbitration.
Except as specifically provided above, any controversy, dispute or claim
arising out of, in connection with, or in relation to the interpretation,
performance or alleged breach of this Agreement shall be submitted by
either Party to binding arbitration to be held in Alameda County,
California by Judicial Arbitration & Mediation Services, Inc. ("J.A.M.S."),
or, if J.A.M.S. is not available, by a mutually agreeable similar private
arbitration service the Parties agree upon that also employs retired
judges, and shall be conducted in accordance with the rules then in
effect with J.A.M.S. or the alternate private arbitration service.
The Parties shall agree on a retired judge from the J.A.M.S. panel or
the panel of the alternate service, who has substantial experience in
commercial transactions and in interpreting agreements substantially
similar to this Agreement. If the Parties are unable to agree,
J.A.M.S. or the alternative service shall be requested to provide a
list of three available judges and each Party may strike one.
The remaining judge will serve as the arbitrator.
Any Party
seeking to invoke the provisions of this Section 7 shall transmit a
written demand for arbitration to the other Party (the "Written
Demand") pursuant to the mechanism for giving notice specified
in this Agreement. The Written Demand shall set forth the nature
of the dispute, the amount involved and the remedy sought. In
the arbitration proceeding, the California Rules of Evidence shall govern;
and the Parties shall be entitled to conduct discovery in accordance
with the California Code of Civil Procedure, except that the arbitrator
shall have the authority to limit the nature and scope of discovery.
The arbitrator will schedule a pre-hearing conference to reach agreement
on procedural matters and discovery, arrange for the exchange of information,
obtain stipulations, and attempt to narrow the issues. The arbitrator
shall issue a final decision in the arbitration controversy no later
than ninety (90) calendar days after a Party has sent a Written Demand,
unless the arbitrator or a court with competent jurisdiction as specified
in Section 7 extends such deadline for good cause. The decision
of the arbitrator shall contain a written statement of reasons and support.
The decision of the arbitrator shall be final and shall be entered in
any court of competent jurisdiction, within the venues specified in
Section 7.
Under no
circumstances may the arbitrator amend the terms of this Agreement,
make any award of punitive damages or consequential damages that were
not reasonably foreseeable by the Parties on the Effective Date, or
otherwise act in derogation of the clear intent of the Parties as expressed
herein. Nothing in this Section 7 shall be construed to limit
the right of either Party to seek injunctive or other equitable relief
from a court of competent jurisdiction, within the venues specified
in Section 7. If any provision of this Section 7 shall be determined
to be unlawful, void or unenforceable, it shall be deemed severable
from and shall not affect the validity or enforceability of the remaining
provisions of this Section 7.
Financial Circles and Yoga
of Prosperity are trademarks of Living Possibilities, Inc.
Thanks for reading,
and most of all for participating in Financial Circles!
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