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Terms & Conditions

finops companyTerms & Conditions

About Finops

Finops.Company, Inc. is a consulting corporation which supports ambitious and fast-growing businesses in their growth and success.

“Finops” in this Terms & Conditions refers to the Finops.Company, Inc. 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Finops owned website located at www.Finops.Company, and all associated sites. The Website is the property of Finops.Company, Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Finap.Company Inc. is not a CPA firm, public accounting firm or law firm. This Website information is not intended to provide legal, tax, or accounting advice and should not be relied upon in that regard. Persons accessing the website are advised to obtain proper legal, accounting, tax, or professional advice where necessary.

This Website Legal Disclaimer

We may revise and update the Website and these terms and conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Content

The Content is provided to users of this Website for informational purposes only. While every effort has been made to offer current and accurate information, errors can occur. Furthermore, this Website may contain references to certain laws and regulations that will likely change over time and should be interpreted accordingly and only in light of particular circumstances. 

Limitation of Liability

In no event will Finops be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this Website or its use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Finops is advised of the possibility of such damages, losses or expenses. Hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by Finops.

Indemnity

You agree to indemnify and hold Finops, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Finops by any third party due to or arising out of or in connection with your use of the Website.

No Warranty

YOUR USE OF the Website AND ALL CONTENT ON the Website AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS”, WITH NO GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS, AND WITHOUT REPRESENTATIONS, WARRANTIES OR OTHER CONTRACTUAL TERMS OF ANY KIND, EXPRESS OR IMPLIED.  FINOPS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

 

Copyright Notice

Copyright in these pages, screens, information, and material and their arrangement in this Website is owned by Finops  unless otherwise noted. All documents, programs, publications, designs, products, processes, software, technology, information, and ideas (Content) provided by or described in this Website are the property of Finops and are protected by U.S. and international copyright laws and other intellectual property laws.  Any other use, including reproduction, modification, distribution, transmission, display, or performance of the Content is strictly prohibited.

Linking

You may link to this Website provided that you do so in a way that is fair and legal and does not damage our reputation; and provided further that such link does not involve:

  • unauthorized use of our logo;
  • any false claim (actual or implied) of endorsement by, or other relationship with, FInops;
  • framing or embedding of any pages of our Website; or other infringement or unauthorized use of our trademarks, copyright and/or other intellectual property rights.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice at our discretion. Finops does not bear any responsibility whatsoever for the content, accuracy or security of any websites that are linked (by way of hyperlink or otherwise) to this Website. Certain links on this Website lead to servers maintained by individuals or organizations over which Finops has no control. This includes links contained in advertisements, including banner advertisements and sponsored links.  Finops makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers. A link to a third party’s website should not be construed as, and is not, an endorsement by either Finops or that third party of the other or its products and services. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these terms and conditions. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Finops employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Finops or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by the Website.
  • Post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which you are not authorized to transfer to another party.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

General Eligibility

The Website is not intended for use by persons under the age of 18. You must be at least 18 years old and have reached the age of majority in your jurisdiction of primary residence and citizenship to participate in the Website. You may not access or use the Website if you are a citizen or national of any country that is subject to United States export restrictions (currently including, but not necessarily limited to, Russia, Iran, Syria, Cuba, North Korea, Libya, and Sudan). Also, you may not access or use the Website from any such country. You also represent that you are not an individual or an individual employed by or associated with an entity identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to US Export control laws and regulations, or other economic sanctions of any sovereign nation.

Privacy

You acknowledge that you have read the Privacy Policy located on each of the Website(s), as it may be updated from time to time (the “Privacy Policy”).  You further acknowledge that, to the extent required under applicable law, by using the Website you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with such Privacy Policy, which is incorporated herein by reference and forms an integral part of these terms and conditions.

Governing Law/ Dispute Resolution

All claims, disputes, or controversies arising from or related to your use of the Website and these terms and conditions (including all statutory claims and any state or federal claims) shall be resolved in accordance with the mediation and arbitration herein. 

By agreeing to arbitration, the parties understand and agree that they are waiving their rights to use other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The parties agree that these terms and conditions require the use of mediation and arbitration on an individual basis to resolve covered disputes, rather than jury trials or class actions.

These terms and conditions, and any non-contractual matters or obligations arising out of these terms and conditions or the Website, including (without limitation) claims arising in tort, fraud, under statute or otherwise arising from or relating to the Services, or questions arising from or relating to the scope or enforceability of this paragraph, shall be governed by, and construed in accordance with, the laws of California  applicable to agreements made, and fully to be performed, therein by residents thereof. 

Mediation

A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by mutual agreement of the parties. Any mediator must be acceptable to all parties and must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or substantial equity owner of any Finops client.

The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed.

Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator.

If the parties have not resolved a dispute within ninety (90) days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Finops shall be free to use such information on an unrestricted basis.

The information contained in this Website is subject to change without notice.
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