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ACCEPTANCE OF TERMS OF USE

 

Please read these Terms of Use carefully before you startto use the FINIX website located at https://Finixcoin.org (collectively, "FINIX", "we", or"us") and any services made available through FINIX. By using FINIX,or by clicking the “Sign In”, “I Agree”, “Sign Up” or “Notify me” button, or byusing the services, you accept and agree to be bound and abide by these Termsof Use. If you do not want toagree to these Terms of Use, you must not access or use FINIX

FINIX provides you with a simple and convenient way topurchase and store digital tokens. These Terms of Use and any terms expresslyincorporated herein ("Terms") apply to your access to and use of FINIXand mobile applications provided by FINIX, and the purchase and accountservices FINIX as described in these Terms (collectively, our"Services"). Without limitation, our Services do not provide userswith the ability to trade digital tokens or any forms of legal tender (e.g.USdollars).

 

FINIX reserves the right to change or modify the termsand conditions contained in these Terms, including but not limited to anypolicy or guideline of the FINIX, at any time and at its sole discretion. Wewill provide notice of these changes by posting the revised Terms to the FINIXand changing the "Last Revised" date at the top of the Terms, or byemailing users at their provided email addresses, or by any other means asdetermined by FINIX. The decision of which notification chosen will be left to FINIX'ssole discretion. Using a particular form of notice in some instances does notobligate us to use the same form in other instances. Any changes ormodifications will be effective immediately upon posting the revisions to the FINIXor at the instant that FINIX transmits the information to the users (e.g. viaemail). These changes will apply at that instant to all then current andsubsequent uses of the FINIX. You waive any right you may have to receivespecific notice of such changes or modifications. Your continued use of this FINIXacts as acceptance of such changes or modifications. If you do not agree to the Terms in effectwhen you access or use the FINIX, you must stop using the FINIX.

 

Depictions

 

Depicted on Finixcoin.org is a summary of the processesfor obtaining a loan or making an investment which are separate and distinctfrom the purchase or use of FINIX Membership Tokens. Terms and ConditionsApply. Loans are not made by FINIX Lending. FINIX Lending is a Platform. Allloans are subject to review and approval. For example, a one year $10,000 loanwith a rate of 10.00% APR would have 12 scheduled monthly payments of $880.Annual percentage rates (APRs) through FINIX vary. Eligibility is notguaranteed, and requires that a sufficient pool of liquidity is available tofulfill your request and that you meet other conditions. Individual US citizenborrowers must be a permanent resident and at least 18 years old. Valid bankaccount and social security number/FEIN are required. Refer to The MembershipAgreement and The Subscriber Agreement for details and all terms andconditions. Borrowing against collateral entails risk and may not beappropriate for your needs. FINIX Lending does not provide legal or tax advice.Please consult your advisor.

 

FINIX Lending’s notes are issued pursuant to aProspectus. You should review the risks and uncertainties described in theProspectus related to your possible investment in the notes. Not FDIC-insured;investments may lose value; no FINIX or bank guarantee.

 

 

Pre-Launch Disclosure

 

Interested parties acknowledge that the FINIX LendingPlatform, as described herein, may never in fact operate in any capacity. Assuch, the FINIX Membership Tokens may have a value of zero. FINIX MembershipTokens are functional utility smart contracts within the FINIX LendingPlatform. FINIX Membership Tokens are not securities. FINIX Membership Tokensare non-refundable. FINIX Membership Tokens are not for speculative investment.No promises of future performance or value are or will be made with respect to FINIXMembership Tokens, including no promise of inherent value, no promise ofcontinuing payments, and no guarantee that FINIX Membership Tokens will holdany particular value. FINIX Membership Tokens are not participation in theCompany and FINIX Membership Tokens hold no rights in said company. FINIXMembership Tokens are sold as a functional good and all proceeds received byCompany may be spent freely by Company absent any conditions. FINIX MembershipTokens are intended for experts in dealing with cryptographic tokens andblockchain-based software systems. 

 

 

1. Accessing the Website

You must meet certain eligibility criteria to use FINIX.By accessing or using FINIX, you represent and warrant that: (a) you are atleast 18 years; (b) have not previously been suspended or removed from usingour Services; (c) have full power and authority to enter into this agreementand in doing so will not violate any other agreement to which you are a party;(d) not located in, under the control of, or a national or resident of anycountry to which the United States has embargoed goods or services; (e) notidentified as a "Specially Designated National"; (f) not placed onthe US Commerce Department's Denied Persons List; and (g) will not use ourServices if any applicable laws in your country prohibit you from doing so inaccordance with these Terms. Finally, you represent and warrant that you willnot be using this site for any illegal activity, including but not limited tomoney laundering and the financing of terrorism.

 

2. Registration and Accounts

In order to access and use the Services, you must createan account with FINIX (an “Account”). You agree to: (a) provide accurate,current and complete information when creating the account; (b) maintain andpromptly update your Account information to keep it accurate, complete, andcurrent; (c) maintain the security and confidentiality of your logincredentials and restrict access to your Account and your computer; (d) promptlynotify FINIX if you discover or otherwise suspect any security breaches relatedto FINIX; and (e) take responsibility for all activities that occur under yourAccount and accept all risks of unauthorized access.

 

3. Account Security

We reserve the right to withdraw or amend FINIX, and anyService or material we provide on FINIX, in our sole discretion without notice.We will not be liable if for any reason all or any part of FINIX isunavailable at any time or for any period. From time to time, we may restrictaccess to users to some parts of FINIX, to certain Accounts or the whole of FINIX,including registered users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to FINIX.
  • Ensuring that all persons who access FINIX through your internet connection are aware of these Terms and comply with them.
  • Maintaining and promptly update your Account information.
  • Maintaining the security of your Account by protecting your password and restricting access to your Account.
  • All activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.

If you choose, or are provided with, a user name, password,or any other piece of information as part of our security procedures, you musttreat such information as confidential, and you must not disclose it to anyother person or entity. You also acknowledge that your account is personal toyou and agree not to provide any other person with access to FINIX or portionsof it using your user name, password, or other security information. You agreeto notify us immediately of any unauthorized access to or use of your user nameor password or any other breach of security. You also agree to ensure that youexit from your account at the end of each session. You should use particularcaution when accessing your account from a public or shared computer so thatothers are not able to view or record your password or other personalinformation.

 

We have the right to disable any user name, password, orother identifier, whether chosen by you or provided by us, at any time in oursole discretion for any or no reason, including if, in our opinion, you haveviolated any provision of these Terms. FINIXmay, in its sole discretion,limit the number of Accounts that you may hold, maintain or acquire.

 

4. Acceptable Use

When accessing or using the Services, you agree that youwill not violate any law, contract, intellectual property or other third-partyright or commit a tort, and that you are solely responsible for your conductwhile using our Services. Without limiting the generality of the foregoing, youagree that you will not:

  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Use our Services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
  • Use or attempt to use another user's account without authorization;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
  • Develop any third-party applications that interact with our Services without our prior written consent;
  • Provide false, inaccurate, or misleading information; and
  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

In order to access and use the Services and retain anyinformation you wish to relating to the Services, you will need a computer withan internet connection that has a current web browser with cookies enabled and128-bit encryption. You will also need to have a valid email address on filewith FINIX and have sufficient storage space or a printer to print emails ifyou wish to retain them.

 

5. Digital Token Purchases

This Section applies to: (a) all digital token purchasescompleted via the Services, and (b) any transaction in which you load fiat ordigital currencies ("Funds") at FINIX’s direction to complete apurchase of digital tokens.

 

We may, at any time and in our sole discretion, refuseany purchase of digital tokens submitted via the Services, impose limits on thepurchase amount permitted via the Services or impose any other conditions orrestrictions upon your use of the Services without prior notice.

 

If you have sent an insufficient amount of Funds at FINIX’sdirection to complete a purchase of digital tokens via the Services, we maycancel the entire order or may fulfill a partial order using the amount ofFunds currently available.

 

It is your responsibility to determine what, if any,taxes apply to the purchases you complete via the Services, and it is yourresponsibility to report and remit the correct tax to the appropriate taxauthority. You agree that FINIX is not responsible for determining whethertaxes apply to your purchases of digital tokens or for collecting, reporting,withholding or remitting any taxes arising from any purchases of digitaltokens.

 

6. Transfer of Funds

In order to complete a purchase of a digital token theServices, you must send Funds to the relevant account or wallet identified by FINIXusing one of the approved external accounts identified via the Services. Youmay be required to verify that you control the external account that you use tosend Funds. You may be charged fees by the external account you use to sendFunds. FINIX is not responsible for any external account fees or for themanagement and security of any external account. You are solely responsible foryour use of any external account, and you agree to comply with all terms andconditions applicable to any external account. The timing associated with atransfer of Funds for a purchase will depend in part upon the performance ofthird parties responsible for maintaining the applicable external account, and FINIXmakes no guarantee regarding the amount of time it may take to load Funds intoyour Account.

 

7. Purchase of Digital Tokens

This Section applies only when you use the Services topurchase digital tokens. FINIX does not purchase, sell, or exchange any digitaltokens on its own behalf. You acknowledge and agree that: (a) FINIX is notacting as your broker, intermediary, agent, or advisor or in any fiduciarycapacity, and (b) no communication or information provided to you by FINIXshall be considered or construed as advice. Once the Services execute yourpurchase, a confirmation will be electronically made available via the Servicesdetailing the particulars of the purchase of digital tokens. You acknowledgeand agree that the failure of the Services to provide such confirmation shallnot prejudice or invalidate the terms of such purchase of digital token.

 

8. Electronic Notices

You agree and consent to receive electronically allcommunications, agreements, documents, receipts, notices and disclosures(collectively, "Communications") that FINIX provides in connectionwith your Account and/or use of the FINIX Services. You agree that FINIX mayprovide these Communications to you by posting them via the Services, byemailing them to you at the email address you provide, and/or by sending an SMSor text message to a mobile phone number that you provide. Your carrier'snormal, messaging, data and other rates and fees may apply to any mobileCommunications. You should maintain copies of electronic Communications byprinting a paper copy or saving an electronic copy. You may also contact usthrough support email support@Finixcoin.org to request additional electronic copies ofCommunications or, for a fee, paper copies of Communications (as describedbelow).

 

You may withdraw your consent to receive electronic Communicationsby sending a withdrawal notice to support email support@Finixcoin.org.If you decline or withdraw consent to receive electronic Communications, FINIXmay suspend or terminate your use of the Services.

 

It is your responsibility to keep your email addressand/or mobile phone number on file with FINIX up to date so that FINIX cancommunicate with you electronically. You understand and agree that if FINIXsends you an electronic Communication but you do not receive it because youremail address or mobile phone number on file is incorrect, out of date, blockedby your service provider, or you are otherwise unable to receive electronicCommunications, FINIX will be deemed to have provided the Communication to you.Please note that if you use a spam filter that blocks or re-routes emails fromsenders not listed in your email address book, you must add FINIX to your emailaddress book so that you will be able to receive the Communications we send toyou. You can update your email address, mobile phone number or street addressat any time by logging into your Account or by sending such information tosupport email support@Finixcoin.org. If your email address or mobile phone number becomesinvalid such that electronic Communications sent to you by FINIX are returned, FINIXmay deem your account to be inactive, and you may not be able to complete anytransaction via our Services until we receive a valid, working email address ormobile phone number from you.

 

9. Third-Party Content

In using our Services, you will view content provided bythird parties, including articles, reviews, comments, insights, analysis andlinks to web pages of such parties, including but not limited to blogs, forums,communities and social networks. We do not control or approve any Third-PartyContent and shall have no responsibility for Third-Party Content, includingwithout limitation material that may be misleading, incomplete, erroneous, offensive,indecent or otherwise objectionable. We are not responsible or liable for anyloss or damage of any sort incurred as the result of any such dealings, and youunderstand that your use of Third-Party Content, and your interactions withthird parties that are linked to our Service, is at your own risk.

 

10. DISCLAIMER OF WARRANTIES

OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANYKIND. Your use of our Services is at your sole risk. We and our licensors,service providers or subcontractors (if any) make no representations orwarranties about the suitability of the information, software, products andservices contained in our Services for any purpose or their compliance with anyaccounting rules, principles or laws, and expressly disclaim any representationor warranty that the Services will be free from errors, viruses or otherharmful components, that communications to or from the Services will be secureand not intercepted, that the services and other capabilities offered from theServices will be uninterrupted, or that their content will be accurate,complete or timely.

 

WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS,IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OFTITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPONANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESETERMS.

 

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFERTHROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILYUNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOLCHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OROTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULEDMAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARESOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANYINFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

 

You understand that we cannot and do not guarantee orwarrant that files available for downloading from the internet or the Websitewill be free of viruses or other destructive code. You are responsible forimplementing sufficient procedures and checkpoints to satisfy your particularrequirements for anti-virus protection and accuracy of data input and output,and for maintaining a means external to our site for any reconstruction of anylost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BELIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUETO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEWEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITELINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITSCONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSONASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECTTO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITYOF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONEASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITSCONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL OUR COMPANY, OUR DIRECTORS, MEMBERS,EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIALDAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OFUSE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR INANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE FINIXMATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHERWEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROMRELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FINIX AND ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDINGBUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSSOF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANYOTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OFFILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONOR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEUREEVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FINIX'SRECORDS, PROGRAMS OR SERVICES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL THE AGGREGATE LIABILITY OF FINIX (INCLUDING OUR DIRECTORS, MEMBERS,EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDINGNEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICTLIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITYTO USE, FINIX OR TO THESE TERMS EXCEED THE FEES EARNED BY FINIX DURING THE 12MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCHLIABILITY DIVIDED BY THE NUMBER OF USERS DURING THAT 12 MONTH PERIOD.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

12. No Offer

Neither these Terms nor any other document or informationpublicly available on FINIX without going through your Account and the purchaseprocess, constitute an offer or solicitation to sell securities. None of theinformation or analyses presented are intended to form the basis for anyinvestment decision, and no specific recommendations are intended. Accordingly,these Terms do not constitute investment advice or counsel or solicitation forinvestment in any security and shall not be construed in that way. These Termsdo not constitute or form part of, and should not be construed as, any offerfor sale or subscription of, or any invitation to offer to buy or subscribe for,any securities. FINIX expressly disclaims any and all responsibility for anydirect or consequential loss or damage of any kind whatsoever arising directlyor indirectly from: (i) reliance on any information contained in this document,(ii) any error, omission or inaccuracy in any such information or (iii) anyaction resulting therefrom.

 

13. No Advice

FINIX is not acting and cannot act as an advisor,including as to any financial, legal, investment, insurance and/or tax matters.Any information provided by FINIX is for general information only. You aresolely responsible for determining whether any contemplated transaction isappropriate for you.

 

The information presented on or through the FINIX is madeavailable solely for general information purposes. We do not warrant theaccuracy, completeness, or usefulness of this information. Any reliance youplace on such information is strictly at your own risk. We disclaim allliability and responsibility arising from any reliance placed on such materialsby you or any other visitor to the FINIX, or by anyone who may be informed ofany of its contents.

 

This FINIX may include content provided by third parties,including materials provided by other users, bloggers, and third-partylicensors, syndicators, aggregators, and/or reporting services. All statementsand/or opinions expressed in these materials, and all articles and responses toquestions and other content, other than the content provided by the Company,are solely the opinions and the responsibility of the person or entityproviding those materials. These materials do not necessarily reflect theopinion of the Company. We are not responsible, or liable to you or any thirdparty, for the content or accuracy of any materials provided by any third parties.

 

14. Indemnity

You agree to defend, indemnify and hold harmless FINIX(and each of our officers, directors, members, employees, agents andaffiliates) from any claim, demand, action, damage, loss, cost or expense,including without limitation reasonable attorneys’ fees, arising out orrelating to (a) your use of, or conduct in connection with, our Services; (b)any Feedback you provide; (c) your violation of these Terms; or (d) yourviolation of any rights of any other person or entity. If you are obligated toindemnify us, we will have the right, in our sole discretion, to control anyaction or proceeding (at our expense) and determine whether we wish to settleit.

 

15. Discontinuance of Services

We may, in our sole discretion and without liability to you,with or without prior notice and at any time, modify or discontinue,temporarily or permanently, any portion of our Services.

 

16. Unclaimed Property

If for any reason FINIX is holding digital tokens in yourAccount on your behalf, and FINIX is unable to return your digital tokens toyour designated external account after a period of inactivity, then FINIX mayreport and remit such digital tokens in accordance with applicable unclaimedproperty laws.

 

17. Feedback

We will own exclusive rights, including all intellectualproperty rights, to any feedback, suggestions, ideas or other information ormaterials regarding FINIX or our Services that you provide, whether by email,posting through our Services or otherwise ("Feedback"). Any Feedbackyou submit is non-confidential and shall become the sole property of FINIX. Wewill be entitled to the unrestricted use and dissemination of such Feedback forany purpose, commercial or otherwise, without acknowledgment or compensation toyou. You waive any rights you may have to the Feedback (including anycopyrights or moral rights). Do not send us Feedback if you expect to be paidor want to continue to own or claim rights in them; your idea might be great,but we may have already had the same or a similar idea and we do not wantdisputes. We also have the right to disclose your identity to any third partywho is claiming that any content posted by you constitutes a violation of theirintellectual property rights, or of their right to privacy. We have the rightto remove any posting you make on our FINIX if, in our opinion, your post doesnot comply with the content standards set out in this section.

 

18. Intellectual Property Rights

Unless otherwise indicated by us, all copyright and otherintellectual property rights in all content and other materials contained on FINIXor provided in connection with the Services, including, without limitation, FINIXand its entire contents, features, and functionality (including but not limitedto all information, software, designs, text, graphics, pictures, information,data, video sound files, other files and the selection and arrangement thereof(collectively, "FINIX Materials")) are the proprietary property of FINIXor our licensors, clients or suppliers and are protected by internationalcopyright laws, trademark, patent, trade secret, and other intellectualproperty or proprietary rights laws.

 

These Terms permit you to use the FINIX for your personal,non-commercial use only. You must not reproduce, distribute, modify, createderivative works of, publicly display, publicly perform, republish, download,store, or transmit any of the FINIX Materials, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the FINIX for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any of the FINIX Materials
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the FINIX Materials or any Services.

If you print, copy, modify, download, or otherwise use orprovide any other person with access to any part of the FINIX Materials inbreach of the Terms, your right to use the FINIX will stop immediately and youmust, at our option, return or destroy any copies of the materials you havemade. No right, title, or interest in or to the FINIX or any content on the FINIXis transferred to you, and all rights not expressly granted are reserved by theCompany. Any use of the FINIX not expressly permitted by these Terms is abreach of these Terms and may violate copyright, trademark, and other laws.

 

19. Trademarks

"FINIX", the FINIX logo and any other FINIXproduct or service names, logos or slogans that may appear on our Services are trademarkand may not be copied, imitated or used, in whole or in part, without our priorwritten permission. You may not use any trademark, product or service name of FINIXwithout our prior written permission, including without limitation any metatagsor other "hidden text" utilizing any trademark, product or servicename of FINIX. In addition, the look and feel of our Services, including allpage headers, custom graphics, button icons and scripts, is the service mark,trademark and/or trade dress of FINIX and may not be copied, imitated or used,in whole or in part, without our prior written permission. All othertrademarks, registered trademarks, product names and company names or logosmentioned through our Services are the property of their respective owners.Reference to any products, services, processes or other information, by name,trademark, manufacturer, supplier or otherwise does not constitute or implyendorsement, sponsorship or recommendation by us.

 

20. Privacy Policy

1.    As a principle, FINIX collects only what weneed and will not share your personal information with any third parties otherthan our identity verification partner. Even within FINIX, access to yourpersonal information is limited to a subset of employees who work on complianceand identity verification matters. FINIX is the only data controller andprocessor.

2.    You will provide to us, immediately upon ournotice of request, information that we, in our sole discretion, deem to berequired to maintain compliance with any international, federal, state or locallaw, regulation or policy. Such documents may include, but are not limited to,passports, driver’s licenses, utility bills, photographs of you, governmentidentification cards, or sworn statements.

3.    FINIX reserves its right to requestdocumentation, described in paragraph 19(A), prior to activating your accountat any of the Services, and any services, available through website. FINIX mayrefuse you access to the Services and website should it have doubts as tovalidity, authenticity and genuineness of the documents, provided by you.

4.    FINIX collects information from running thewebsite and products, provided thereto, and uses information, provided to us byyou. When you visit the website or use our products, we collect information sentto us by your computer, mobile phone, or other access device. This informationmay include your IP address, device information including, but not limited to,identifier, name, and type, operating system, mobile network information andstandard web log information, such as your browser type, and the pages youaccessed on our website. When you use a location-enabled device with ourwebsite and products, we may collect geographical location data or use variousmeans to determine the location, such as sensor data from your device that may,for instance, provide data on nearby cell towers and Wi-Fi access spots.However, we will not release your personally-identifying information to anythird party without your consent, except as set forth herein.

5.    If you create an account at our website anduse our Services, we may collect and store the following types of information:contact information – your name, address, phone, email and other similarinformation. Before permitting you to use our website and products, we mayrequire you to provide additional information (such as a date of birth,passport number, numbers that you may use or have registered with your localtax authority, or other data which can be used for personal identificationpurposes and that may be required to comply with applicable laws) so that wecan verify your identity or address. We may also obtain information about youfrom third parties such as identity verification services.

6.    When you use our website, we collectinformation about your transactions (such as date, time and amount oftransaction) and your other activities on our website and we may collectinformation about your computer or other access device for fraud preventionpurposes. We may collect additional information about you through yourinteractions with our support team.

7.    When you access the website or use ourproducts or services we (or google analytics on our behalf) may place smalldata files called cookies on your computer or other device. We use thesetechnologies to recognize you as our user; customize our website andadvertising; measure promotional effectiveness and collect information aboutyour computer or other access device to mitigate risk, help prevent fraud, andpromote trust and safety.

8.    Throughout these Terms, we use the term“personal information” to describe information that can be associated with aspecific person and can be used to identify that person. We do not considerpersonal information to include information that has been anonymized so that itdoes not identify a specific user.

9.    We store and process your personalinformation on our servers. We protect your information using physical,technical, and administrative security measures to reduce the risks of loss,misuse, unauthorized access, disclosure, and alteration. Some of the safeguardswe use are firewalls and data encryption, physical access controls to our datacenters, and information access authorization controls. We also authorizeaccess to personal information only for those employees who require it to fulfilltheir job responsibilities.

10. We are sometimes required to compare the personalinformation you provide to third party databases in order to verify itsaccuracy and confirm your identity. This allows us to comply with state andfederal anti-money laundering and “know your customer” regulations. We will notsell or rent your personal information to third parties. We may combine yourinformation with information we collect from other companies and use it toimprove and personalize the website and our products, as well as our contentand advertising. We may use your name and email address to provide you withinformation about products or services that may be of interest to you, but wewill not use your personal information without complying with applicable lawsand, where appropriate, obtaining your consent.

11. We reserve our right to share your personal informationwith:

1.    our banking partners (if you link a bankaccount to your account);

2.    companies that we plan to merge with or beacquired by (should such a combination occur, we will require that the newlycombined entity follow these terms with respect to your personal information,and you would as well receive prior notice of any change in applicable policy);

3.    3rd party identification services providersfor fraud prevention purposes;

4.    law enforcement, government officials, orother third parties when i) we are compelled to do so by a subpoena, courtorder, or similar legal procedure; or ii) we believe in good faith that thedisclosure of personal information is necessary to prevent physical harm orfinancial loss, to report suspected illegal activity or to investigateviolations of our terms;

5.    other third parties only with your priorconsent or direction to do so.

12. FINIX will not provide your personal information to anyother FINIX users without your consent or direction.

13. You may access, review and edit your personal informationat any time by logging in to the website using your credentials.

14. The data that we collect from you will be transferred to,and stored at, or processed from a destination either inside or outside of theEuropean Economic Area or the United States. By submitting your personal data,you agree to this transfer, storing, or processing. We will take all stepsreasonably necessary to ensure that your data is treated securely and inaccordance with these terms. Third parties may be located in other countrieswhere the laws on processing personal information may be less stringent than inyour country. Our services may, from time to time, contain links to and fromthe websites of our partner networks, advertisers, and affiliates (including,but not limited to, websites on which the FINIX services are advertised). Ifyou follow a link to any of these websites, please note that these websites andany services that may be accessible through them have their own privacypolicies and that we do not accept any responsibility or liability for thesepolicies or for any personal information that may be collected through thesewebsites or services, such as contact and location data. Please check thesepolicies before you submit any personal data to these websites or use theseservices.

21. Suspension; Termination

In the event of any Force Majeure Event (as defined in"Miscellaneous" Section), breach of this agreement, or any otherevent that would make provision of the Services commercially unreasonable for FINIX,we may, in our discretion and without liability to you, with or without priornotice, suspend your access to all or a portion of our Services. We mayterminate your access to the Services in our sole discretion, immediately andwithout prior notice, and delete or deactivate your Account and all relatedinformation and files in such account without liability to you, including, forinstance, in the event that you breach any term of these Terms. In the event oftermination, FINIX will attempt to return any Funds stored in your Account nototherwise owed to FINIX, unless FINIX believes you have committed fraud,negligence or other misconduct.

 

22. Applicable Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE ITREQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICHYOU CAN SEEK RELIEF.

 

You and FINIX agree to arbitrate any dispute arising fromthese Terms or your use of the Services, except for disputes in which eitherparty seeks equitable and other relief for the alleged unlawful use ofcopyrights, trademarks, trade names, logos, trade secrets or patents.ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Youand FINIX agree to notify each other in writing of any dispute within thirty(30) days of when it arises. Notice to FINIX shall be sent to support@Finixcoin.org .You and FINIX further agree: (a) to attempt informal resolution prior to anydemand for arbitration; (b) that any arbitration will occur in the UnitedStates of America; (c) that arbitration will be conducted confidentially by asingle arbitrator in accordance with the rules of arbitration in the UnitedStates of America; and (d) that the court in United States of America haveexclusive jurisdiction over any appeals of an arbitration award and over anysuit between the parties not subject to arbitration. Other than classprocedures and remedies discussed below, the arbitrator has the authority togrant any remedy that would otherwise be available in court. Any disputebetween the parties will be governed by these Terms and the laws of the UnitedStates of America, without giving effect to any conflict of laws principlesthat may provide for the application of the law of another jurisdiction.Whether the dispute is heard in arbitration or in court, you and FINIX will notcommence against the other a class action, class arbitration or representativeaction or proceeding.

 

23. Miscellaneous

Entire Agreement; Order of Precedence. These Terms succeed those ofthe Membership Agreement and Subscription Agreement, and supersede all priorand contemporaneous understandings between the parties regarding the Services.These Terms do not alter the terms or conditions of any other electronic orwritten agreement you may have with FINIX for the Services or for any other FINIXproduct or service or otherwise. In the event of any conflictbetween these Terms and any other agreement you may have with FINIX, theterms of that other agreement will control.

 

Amendment. We reserve the right to make changes or modificationsto these Terms from time to time, in our sole discretion. If we make changes tothese Terms, we will provide you with notice of such changes, such as bysending an email, providing notice on the homepage of the FINIX and/or byposting the amended Terms via the applicable FINIX website and mobileapplications. The amended Terms will be deemed effective immediately uponposting for any new users of the Services. In all other cases, the amendedTerms will become effective for pre-existing users upon the earlier of either:(i) the date users click or press a button to accept such changes, or (ii)continued use of our Services 30 days after FINIX provides notice of suchchanges. Any amended Terms will apply prospectively to use of the Servicesafter such changes become effective. If you do not agree to any amended Terms,you must discontinue using our Services and contact us to terminate youraccount.

 

Waiver. Our failure or delay in exercising any right, power orprivilege under these Terms shall not operate as a waiver thereof.

 

Severability. The invalidity or unenforceability of any of theseTerms shall not affect the validity or enforceability of any other of theseTerms, all of which shall remain in full force and effect.

 

Force Majeure Events. FINIX shall not be liable for (1) any inaccuracy,error, delay in, or omission of (i) any information, or (ii) the transmissionor delivery of information; (2) any loss or damage arising from any eventbeyond FINIX's reasonable control, including but not limited to flood,extraordinary weather conditions, earthquake, or other act of God, fire, war,insurrection, riot, labor dispute, accident, action of government,communications, power failure, or equipment or software malfunction or anyother cause beyond FINIX's reasonable control (each, a "Force MajeureEvent").

 

Assignment. You may not assign or transfer any of your rights orobligations under these Terms without prior written consent from FINIX,including by operation of law or in connection with any change of control. FINIXmay assign or transfer any or all of its rights under these Terms, in whole orin part, without obtaining your consent or approval.

 

Headings. Headings of sections are for convenience only and shallnot be used to limit or construe such sections.

 

Survival. Sections "Accessing the Website",“Registration and Accounts”, “Account Security”, “No Offer”, “No Advice,“Unclaimed Property”, “Feedback”, “Intellectual Property Rights”, “Trademarks”,“Privacy Policy”, “Third-Party Content”, “Disclaimer of Warranties”,“Limitation of Liability”; “Indemnity”, “Applicable Law; Arbitration” and thisSection “Miscellaneous” shall survive any termination or expiration of theseTerms.

 

 

FINIX takes your privacy seriously. Please see our Privacy Policy for more details.

©2017 FINIX COIN Inc.