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Participant’s Terms and Conditions Agreement PDF Print E-mail


Financial Circles
Participant’s Terms and Conditions Agreement

1. 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.

2. 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 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . 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.

3. 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.

4. 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.

5. 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.  

Respecting Others Information:
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.
Obligatory Capitalized Disclaimers of Liability:
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.

6. 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.

7. 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.

 

Our Trademarks

Financial Circles and Yoga of Prosperity are trademarks of Living Possibilities, Inc.

==END OF THE PARTICIPANT AGREEMENT ==

Thanks for reading, and most of all for participating in Financial Circles!


 

 

 
 
 
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