E R M S O F S E R V I C E
December 17, 2010
Your use of FinanceIsland's website, applications, and software tools (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and FinanceIsland Inc. This document explains this agreement and its terms (referred to collectively as the "Terms" in this document).
In order to use the Services, you must agree to the Terms during the subscription process. You may not use the Services if you do not accept the Terms.
1. Description of the Services
FinanceIsland's Services consist of financial analysis tools, finance and statistics tutorials, glossaries, a blog, and other content to support business finance decisions. The finance tools provide directional guidance based on quantitative analyses. The Services are not intended to replace the common business sense of the decision maker. FinanceIsland's Services are not to be construed as financial advice and the ultimate financial decision lies with the user. In case of any doubts, we recommend consulting with your trusted financial advisor.
FinanceIsland's financial analysis tools are developed and provided as online applications using the software-as-a-service approach. Once you access a FinanceIsland web page that hosts an application, the application is loaded into your browser. All data inputs, calculations, and outputs are performed in the browser on your computer. During data input, calculation, and data output no data is transmitted to or from FinanceIsland servers.
Your data may need to be transmitted to and from FinanceIsland servers if you save an analysis or chart, open a saved analysis, export to Excel, or print the analysis. In all these instances your analysis data needs to be transmitted to FinanceIsland servers to be processed into the required format and then the new format is transmitted back to your PC and is made available to you in the browser. During all these transactions your data is encrypted with a digital certificate. FinanceIsland is using the Hyper Text Transfer Protocol Secure (HTTPS) allowing for secure online transactions, similar to those used in online banking.
Your analysis data is never stored, never saved, and never kept on FinanceIsland servers. Our financial analysis tools allow you to save your analysis data for future use. If you save an analysis, you save it to your local or network drive and if you open an analysis, you open it from your local or network drive. Although saving and opening needs to be processed on FinanceIsland servers, the data itself is never saved or stored there. The analysis data is saved only on your local or network drive that you select during the saving process.
Web technologies and business models are rapidly developing and so are FinanceIsland's Services. You acknowledge and agree that the form and nature of the Services that FinanceIsland provides may change from time to time. If we determine that providing the Services is no longer commercially viable to FinanceIsland, then we may suspend or terminate the impacted Services. If we terminate the impacted Services, then we will provide a pro-rata refund of the actually paid subscription fee applicable to the period following termination of the Services.
2. Proper use
FinanceIsland's Services are provided to you on the World Wide Web and accessed through a web browser. Whenever you access the Services you will use the most recent version of the software behind the financial analysis tools. This software will be updated as needed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functionality, new software modules, or completely new versions. You agree to use these updates as part of your use of the Services.
You agree not to access (or attempt to access) any of the Services by any means other than through the web interface that is provided by FinanceIsland, unless you have been specifically allowed to do so in a separate agreement with FinanceIsland.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof.
You agree to use the Services as defined in this document. You also agree to use the Services only as permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
FinanceIsland grants to you, and you accept, a personal, per-user, non-exclusive, non-transferable, revocable, worldwide license to use FinanceIsland's Services. The core of these Services are FinanceIsland's financial analysis tools, which are provided to you as a free trial or as paid subscriptions.
Trial subscriptions are free of charge and time limited. You will have full access to FinanceIsland's financial analysis tools during the trial period. If you want to continue using these tools after the trial period ends, you will need to purchase a paid subscription. After the trial period ends you will not be able to subscribe for a trial subscription for a period of twelve months from the time the trial period ended.
Your user information provided during the trial subscription process will be stored for a period of twelve months after the trial period ended. If you have saved any analyses on your local or network drive during the trial period, you will be able to open these analyses after the trial period once you purchase a paid subscription. If you log in to your account after the trial period has ended, you will be guided to a returning user page to purchase a paid subscription.
Any abuses of the trial subscription will be considered breach of these Terms and will lead to account termination.
FinanceIsland's paid subscriptions are monthly, quarterly, or annual subscriptions. By choosing a paid subscription during the subscription process or by upgrading to a paid subscription from a trial subscription you agree to pay for the subscription selected.
The monthly subscription is a recurring subscription. If you select this monthly subscription, you agree that FinanceIsland may submit charges for your subscription each month without further authorization from you, until your account is canceled either by you or by FinanceIsland. Monthly account billing recurs monthly on the day of the month the subscription was purchased.
You agree to pay the subscription fees at the prices then in effect. The prices in effect shall be those shown during the subscription process or on your User profile page. Should FinanceIsland increase its subscription fees from the amount you have subscribed to, we will notify you by email. Your continued use of the Services or non-cancellation of your account after the fee changes have been communicated constitutes your acceptance of the new subscription fees.
The quarterly and annual subscriptions are one-time licenses. With the one-time payment during the subscription process you purchase the right to use FinanceIsland's tools for a period of three or twelve months, respectively. After these three or twelve months, you will lose access to FinanceIsland's tools unless you purchase a new subscription.
All payments must be made by the credit or debit card provided by you when subscribing for a paid subscription. If needed, you will be able to update your credit or debit card information through the User profile page. You authorize FinanceIsland to charge your credit or debit card account for the subscription fee. Subscription fees are payable in advance of each subscription period and are completely non-refundable. All payments are due in U.S. dollars unless indicated otherwise during the subscription process.
In the event FinanceIsland submits charges for your subscription and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize FinanceIsland to deactivate your account until a successful process of your credit or debit card for the applicable subscription fee has been completed. FinanceIsland may deactivate any account that has a disputed charge until FinanceIsland determines the dispute resolved.
Unless otherwise stated, our subscription fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all taxes associated with your purchases and you agree to pay FinanceIsland for the subscription without any reduction for taxes. If FinanceIsland is obligated to collect or pay taxes, the taxes will be charged to you, unless you provide FinanceIsland with a valid tax exemption certificate authorized by the appropriate taxing authority.
FinanceIsland may occasionally conduct promotions and special offers. The terms of these promotions are only valid during the times indicated on the advertisement, email, or web page showing the promotion. You agree to be bound by the terms and conditions of the promotion as explained on the advertisement, email, or web page showing the promotion.
If you have any questions regarding any charges from FinanceIsland that have been applied to your credit or debit card account, you must contact FinanceIsland at firstname.lastname@example.org within 30 days of the charge date.
Some of FinanceIsland's freely available Services may be supported by advertising revenues and hence may display relevant advertisements and promotions, which are generated using automated processes. These advertisements may be targeted to the content of information displayed on our web pages, analyses made through the Services, or other information. The manner, mode, and extent of advertising by FinanceIsland on the Services are subject to change without notice. In consideration for FinanceIsland granting you access to and use of the Services, you agree that FinanceIsland may place such advertising on these freely available Services.
For paid subscribers, FinanceIsland will not place any advertisements on the financial analysis tools and on the web pages containing these financial analysis tools.
5. Service level agreement
For all paid subscriptions, FinanceIsland guarantees that FinanceIsland's financial analysis tools will be operational and available to you on the web interface at least 99% of the time in any calendar month. If FinanceIsland does not meet this service level agreement, you will be able to receive credit for the Services. This credit will be in form of free subscription days added at the end of your subscription period at no charge to you.
In order to receive credit for any downtime period, you must notify FinanceIsland at email@example.com within 30 days from the incident. Failure to comply with this requirement will forfeit your right to receive any credit. Downtime period is defined as a period of ten consecutive minutes of server side errors. Intermittent downtime for a period of less than ten minutes will not be counted towards any downtime periods.
This availability commitment excludes any scheduled downtime necessary for application or server maintenance or upgrades. You will be notified of such scheduled downtime prior to the commencement of such downtime. We will make every attempt to plan any scheduled downtime during night and weekend hours in the U.S. time zones. Scheduled downtime is not considered downtime for purposes of this service level agreement and will not be counted towards any credits for downtime periods.
6. Warranties and disclaimers
FinanceIsland warrants that the Services shall perform materially as described on the help screens for each financial analysis tool. We also warrant that the functionality of the Services will not be materially decreased during a subscription term. For any breach of either such warranty, your exclusive remedy shall be as provided in the section 10 (Agreement termination) below.
Except as expressly provided for herein, neither party makes any other warranty of any kind, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability or fitness for a particular use.
7. Limitation of liability
FinanceIsland shall not be liable to you for any lost profits or revenues or indirect, special, incidental, consequential, exemplary, or punitive damages. This includes losses from any reliance placed by you on the completeness, accuracy, and applicability of the Services; and any changes made to the Services, including any permanent or temporary cessation in the provision of the Services or any features within the Services.
You acknowledge that FinanceIsland will have no liability or responsibility for any damages or losses caused or alleged to have been caused to your data during the use of the Services. FinanceIsland will use reasonable efforts to prevent the unauthorized disclosure or destruction of your data. However, by using the Services you are agreeing to release FinanceIsland from any and all liability, claims and damages due to lost or stolen data.
FinanceIsland's Services may include hyperlinks to other websites or content or resources, which FinanceIsland may have no control over. You acknowledge and agree that FinanceIsland is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that FinanceIsland is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
You will indemnify, defend, and hold harmless FinanceIsland from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim caused by your use of the Services.
FinanceIsland will indemnify, defend, and hold you harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that FinanceIsland's Services infringe or misappropriate any patent, copyright, trade secret or trademark of such third party.
9. Intellectual proprietary rights
FinanceIsland's intellectual property rights
You acknowledge and agree that FinanceIsland owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. Nothing in the Terms gives you a right to use any of FinanceIsland's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Your intellectual property rights
FinanceIsland acknowledges and agrees that it obtains no ownership in any of the content, including data, text, or other material, that you enter, save, open, print, or export as part of using the Services. FinanceIsland will not use any of your content for any purpose except to provide you with the Services.
10. Agreement termination
You may stop using the Services at any time. You do not need to specifically inform FinanceIsland when you stop using the Services. However, simply stopping using the Services does not terminate this legal agreement between you and FinanceIsland. If you want to terminate this legal agreement, you may do so by (1) canceling your subscription on the User profile page at financeisland.com, or by (2) notifying FinanceIsland at firstname.lastname@example.org , in which case FinanceIsland will cancel your subscription.
If you are part way through your subscription period and cancel your subscription, the remaining days in that period will be forfeited. FinanceIsland will not reimburse or refund any unused days in your subscription period. Once canceled, your account will not be charged further fees unless outstanding charges exist on your account. Any outstanding charges will remain due and be charged to your credit or debit card by FinanceIsland.
After your account is canceled, you will not have access to FinanceIsland's financial analysis tools. To prevent abuse of free trials, FinanceIsland will store your user information for a period of twelve months from the date your account is terminated either by you or by FinanceIsland. You will be able to reactivate your account within twelve months of cancellation by logging into your existing account and purchasing a subscription.
FinanceIsland may cancel your subscription and terminate this legal agreement with you if you have breached any provision of these Terms, if your account has been inactive for over two years, or if FinanceIsland is required to do so by law.
You may cancel your account if FinanceIsland has breached the warranties provided to you as explained in section 6 (Warranties and disclaimers). In these cases you are entitled to a refund of your actually paid subscription fee pro-rated from the time you notify FinanceIsland of any breach of these warranties.
11. Changes to the Terms
Web technologies and business models are rapidly developing and may also require changes to these Terms. We will post any changes to this document on this web page. In case of significant changes, we will also notify you of these changes by email. You understand and agree that if you use the Services after the date on which changes to the Terms have been communicated to you, FinanceIsland will treat your use as acceptance of the updated agreement.
12. General legal provisions
Due to the Children's Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use the Services. You represent and warrant that you have all necessary right, power and authority to enter into this agreement.
This legal agreement and its Terms apply only to the Services provided by FinanceIsland. Content provided through the Services by third parties, which may include information, software, or purchase goods, may be subject to separate terms between you and those third parties.
You agree that if FinanceIsland does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FinanceIsland has the benefit of under any applicable law), this will not be taken to be a formal waiver of FinanceIsland's rights and that those rights or remedies will still be available to FinanceIsland.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from this agreement without affecting the rest of the agreement. The remaining provisions of the agreement will continue to be valid and enforceable.
These Terms of Services are governed by and construed in accordance with the laws of the State of Oregon, USA.
If you have any questions about these Terms of Service, please contact us at:
3234 NW 128th Place
Portland, OR 97229