Terms & Conditions
Terms and Conditions
Last updated: March 01, 2021
Please
read these terms and conditions carefully
before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Pennsylvania, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kallisto Consulting, LLC, 708 S Marvine St.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Goods refer to the items offered for sale on the Service including Online Courses or payments for Live Events.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to financeable, accessible from https://www.finance-able.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing
the use of this Service and the agreement that
operates between You and the Company. These
Terms and Conditions set out the rights and
obligations of all users regarding the use of
the Service.
Your access to and use
of the Service is conditioned on Your
acceptance of and compliance with these Terms
and Conditions. These Terms and Conditions
apply to all visitors, users, and others who
access or use the Service.
By
accessing or using the Service You agree to be
bound by these Terms and Conditions. If You
disagree with any part of these Terms and
Conditions then You may not access the
Service.
You represent that you are
over the age of 18. The Company does not
permit those under 18 to use the Service.
Your
access to and use of the Service is also
conditioned on Your acceptance of and
compliance with the Privacy Policy of the
Company. Our Privacy Policy describes Our
policies and procedures on the collection, use
and disclosure of Your personal information
when You use the Application or the Website
and tells You about Your privacy rights and
how the law protects You. Please read Our
Privacy Policy carefully before using Our
Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods
available on the Service, You may be asked to
supply certain information relevant to Your
Order including, without limitation, Your
name, Your email, Your phone number, Your
credit card number, the expiration date of
Your credit card, Your billing address, and
Your shipping information.
You
represent and warrant that: (i) You have the
legal right to use any credit or debit card(s)
or other payment method(s) in connection with
any Order; and that (ii) the information You
supply to us is true, correct and complete.
By
submitting such information, You grant us the
right to provide the information to payment
processing third parties for purposes of
facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
- Company discretion
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in
accordance with these Terms and Conditions and
Our Returns Policy.
Our Returns
Policy forms a part of these Terms and
Conditions. Please read our Returns Policy to
learn more about your right to cancel Your
Order.
We will use the same means
of payment as You used for the Order, and You
will not incur any fees for such
reimbursement.
You will not have
any right to cancel an Order for the supply of
any of the following Goods:
Any Goods you purchase can only be returned in
accordance with these Terms and Conditions and
Our Returns Policy.
Our Returns
Policy forms a part of these Terms and
Conditions. Please read our Returns Policy to
learn more about your right to cancel Your
Order.
We will use the same means
of payment as You used for the Order, and You
will not incur any fees for such
reimbursement.
You will not have
any right to cancel an Order for the supply of
any of the following Goods:
GDPR Data Protection Rights
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of
Goods on the Service. The Goods available on
Our Service may be mispriced, described
inaccurately, or unavailable, and We may
experience delays in updating information
regarding our Goods on the Service and in Our
advertising on other websites.
We
cannot and do not guarantee the accuracy or
completeness of any information, including
prices, product images, specifications,
availability, and services. We reserve the
right to change or update information and to
correct errors, inaccuracies, or omissions at
any time without prior notice.
Prices Policy
The Company reserves the right to revise its
prices at any time prior to accepting an
Order.
The prices quoted may be
revised by the Company subsequent to accepting
an Order in the event of any occurrence
affecting delivery caused by government
action, variation in customs duties, increased
shipping charges, higher foreign exchange
costs and any other matter beyond the control
of the Company. In that event, You will have
the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time
payment. Payment can be made through various
payment methods we have available, such as
Visa, MasterCard, Affinity Card, American
Express cards or online payment methods
(PayPal, for example).
Payment
cards (credit cards or debit cards) are
subject to validation checks and authorization
by Your card issuer. If we do not receive the
required authorization, We will not be liable
for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service are
available only with a paid Subscription. You
will be billed in advance on a recurring and
periodic basis (such as daily, weekly, monthly
or annually), depending on the type of
Subscription plan you select when purchasing
the Subscription.
At the end of
each period, Your Subscription will
automatically renew under the exact same
conditions unless You cancel it or the Company
cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate
and complete billing information including
full name, address, state, zip code, telephone
number, and a valid payment method
information.
Should automatic
billing fail to occur for any reason, the
Company will issue an electronic invoice
indicating that you must proceed manually,
within a certain deadline date, with the full
payment corresponding to the billing period as
indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any
time, may modify the Subscription fees. Any
Subscription fee change will become effective
at the end of the then-current Subscription
period.
The Company will provide
You with reasonable prior notice of any change
in Subscription fees to give You an
opportunity to terminate Your Subscription
before such change becomes effective.
Your
continued use of the Service after the
Subscription fee change comes into effect
constitutes Your agreement to pay the modified
Subscription fee amount.
Refunds
Except when required by law, paid Subscription
fees are non-refundable.
Certain
refund requests for Subscriptions may be
considered by the Company on a case-by-case
basis and granted at the sole discretion of
the Company.
Free Trial
The Company may, at its sole discretion, offer
a Subscription with a Free Trial for a limited
period of time.
You may be required
to enter Your billing information in order to
sign up for the Free Trial.
If You
do enter Your billing information when signing
up for a Free Trial, You will not be charged
by the Company until the Free Trial has
expired. On the last day of the Free Trial
period, unless You cancelled Your
Subscription, You will be automatically
charged the applicable Subscription fees for
the type of Subscription You have selected.
At
any time and without notice, the Company
reserves the right to (i) modify the terms and
conditions of the Free Trial offer, or (ii)
cancel such Free Trial offer.
Promotions
Any Promotions made available through the
Service may be governed by rules that are
separate from these Terms.
If You
participate in any Promotions, please review
the applicable rules as well as our Privacy
policy. If the rules for a Promotion conflict
with these Terms, the Promotion rules will
apply.
User Accounts
When You create an account with Us, You must
provide Us information that is accurate,
complete, and current at all times. Failure to
do so constitutes a breach of the Terms, which
may result in immediate termination of Your
account on Our Service.
You are
responsible for safeguarding the password that
You use to access the Service and for any
activities or actions under Your password,
whether Your password is with Our Service or a
Third-Party Social Media Service.
You
agree not to disclose Your password to any
third party. You must notify Us immediately
upon becoming aware of any breach of security
or unauthorized use of Your account.
You
may not use as a username the name of another
person or entity or that is not lawfully
available for use, a name or trademark that is
subject to any rights of another person or
entity other than You without appropriate
authorization, or a name that is otherwise
offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You
are responsible for the Content that You post
to the Service, including its legality,
reliability, and appropriateness.
By
posting Content to the Service, You grant Us
the right and license to use, modify, publicly
perform, publicly display, reproduce, and
distribute such Content on and through the
Service. You retain any and all of Your rights
to any Content You submit, post or display on
or through the Service and You are responsible
for protecting those rights. You agree that
this license includes the right for Us to make
Your Content available to other users of the
Service, who may also use Your Content subject
to these Terms.
You represent and
warrant that: (i) the Content is Yours (You
own it) or You have the right to use it and
grant Us the rights and license as provided in
these Terms, and (ii) the posting of Your
Content on or through the Service does not
violate the privacy rights, publicity rights,
copyrights, contract rights or any other
rights of any person.
Content Restrictions
The Company is not responsible for the content
of the Service’s users. You expressly
understand and agree that You are solely
responsible for the Content and for all
activity that occurs under your account,
whether done so by You or any third person
using Your account.
You may not
transmit any Content that is unlawful,
offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such
objectionable Content include, but are not
limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are
performed, the Company do not guarantee there
will be no loss or corruption of data.
Corrupt
or invalid backup points may be caused by,
without limitation, Content that is corrupted
prior to being backed up or that changes
during the time a backup is performed.
The
Company will provide support and attempt to
troubleshoot any known or discovered issues
that may affect the backups of Content. But
You acknowledge that the Company has no
liability related to the integrity of Content
or the failure to successfully restore Content
to a usable state.
You agree to
maintain a complete and accurate copy of any
Content in a location independent of the
Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of
others. It is Our policy to respond to any
claim that Content posted on the Service
infringes a copyright or other intellectual
property infringement of any person.
If
You are a copyright owner, or authorized on
behalf of one, and You believe that the
copyrighted work has been copied in a way that
constitutes copyright infringement that is
taking place through the Service, You must
submit Your notice in writing to the attention
of our copyright agent via email
at mike@finance-able.com and include
in Your notice a detailed description of the
alleged infringement.
You may be
held accountable for damages (including costs
and attorneys’ fees) for misrepresenting that
any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at mike@finance-able.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content
(excluding Content provided by You or other
users), features and functionality are and
will remain the exclusive property of the
Company and its licensors.
The
Service is protected by copyright, trademark,
and other laws of both the Country and foreign
countries.
Our trademarks and trade
dress may not be used in connection with any
product or service without the prior written
consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party
web sites or services that are not owned or
controlled by the Company.
The
Company has no control over, and assumes no
responsibility for, the content, privacy
policies, or practices of any third party web
sites or services. You further acknowledge and
agree that the Company shall not be
responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be
caused by or in connection with the use of or
reliance on any such content, goods or
services available on or through any such web
sites or services.
We strongly
advise You to read the terms and conditions
and privacy policies of any third-party web
sites or services that You visit.
Termination
We may terminate or suspend Your Account
immediately, without prior notice or
liability, for any reason whatsoever,
including without limitation if You breach
these Terms and Conditions.
Upon
termination, Your right to use the Service
will cease immediately. If You wish to
terminate Your Account, You may simply
discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might
incur, the entire liability of the Company and
any of its suppliers under any provision of
this Terms and Your exclusive remedy for all
of the foregoing shall be limited to the
amount actually paid by You through the
Service or 100 USD if You haven’t purchased
anything through the Service.
To
the maximum extent permitted by applicable
law, in no event shall the Company or its
suppliers be liable for any special,
incidental, indirect, or consequential damages
whatsoever (including, but not limited to,
damages for loss of profits, loss of data or
other information, for business interruption,
for personal injury, loss of privacy arising
out of or in any way related to the use of or
inability to use the Service, third-party
software and/or third-party hardware used with
the Service, or otherwise in connection with
any provision of this Terms), even if the
Company or any supplier has been advised of
the possibility of such damages and even if
the remedy fails of its essential purpose.
Some
states do not allow the exclusion of implied
warranties or limitation of liability for
incidental or consequential damages, which
means that some of the above limitations may
not apply. In these states, each party’s
liability will be limited to the greatest
extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS
AVAILABLE” and with all faults and defects
without warranty of any kind. To the maximum
extent permitted under applicable law, the
Company, on its own behalf and on behalf of
its Affiliates and its and their respective
licensors and service providers, expressly
disclaims all warranties, whether express,
implied, statutory or otherwise, with respect
to the Service, including all implied
warranties of merchantability, fitness for a
particular purpose, title and
non-infringement, and warranties that may
arise out of course of dealing, course of
performance, usage or trade practice. Without
limitation to the foregoing, the Company
provides no warranty or undertaking, and makes
no representation of any kind that the Service
will meet Your requirements, achieve any
intended results, be compatible or work with
any other software, applications, systems or
services, operate without interruption, meet
any performance or reliability standards or be
error free or that any errors or defects can
or will be corrected.
Without
limiting the foregoing, neither the Company
nor any of the company’s provider makes any
representation or warranty of any kind,
express or implied: (i) as to the operation or
availability of the Service, or the
information, content, and materials or
products included thereon; (ii) that the
Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or
currency of any information or content
provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails
sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms,
malware, timebombs or other harmful
components.
Some jurisdictions do
not allow the exclusion of certain types of
warranties or limitations on applicable
statutory rights of a consumer, so some or all
of the above exclusions and limitations may
not apply to You. But in such a case the
exclusions and limitations set forth in this
section shall be applied to the greatest
extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion,
to modify or replace these Terms at any time.
If a revision is material We will make
reasonable efforts to provide at least 30
days’ notice prior to any new terms taking
effect. What constitutes a material change
will be determined at Our sole discretion.
By
continuing to access or use Our Service after
those revisions become effective, You agree to
be bound by the revised terms. If You do not
agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: mike@finance-able.com
- By visiting this page on our website: https://www.finance-able.com