FindAssistance.org Terms & Conditions
Last Updated May 31, 2018
This agreement may be updated to reflect changes to our information practices. In the event any changes are made, we will notify you via email and/or post an announcement on our site. We recommend you periodically review this page for the latest information on our Terms & Conditions. If you do not agree to the changes made, please terminate your registration with FindAssistance.org by sending an email to [email protected] You can determine when this agreement was last revised by checking the “last updated” legend at the top of this policy.
How Our Service Works
FindAssistance.org provides information to members in an effort to help them improve various aspects of their lives. We may display ads and other promotions for various goods or services offered by our marketing partners during this process.
When you register as a member of FindAssistance.org you must provide accurate, current and complete information to receive notices and communication electronically or otherwise. You are responsible for notifying FindAssistance.org in the event any of this information changes or is incorrect. Failure to do so may result in termination of the provision of Service to you. FindAssistance.org reserves the right, at its sole discretion, to immediately and without notice, suspend or terminate Services to you. FindAssistance.org also reserves the right to modify or discontinue the Services temporarily or permanently, without notice to you, and you agree that FindAssistance.org shall not be liable for any such modifications or any discontinuation of the Services.
You must be 18 years of age or older and residents of the United States when registering as a member of FindAssistance.org. Upon registering and using FindAssistance.org you represent that your re 18 years of age or older.
As a member, if at any point you are unsatisfied with FindAssistance.org and its services or this agreement, please discontinue using FindAssistance.org.
Member Profile Information
When you register as a member of FindAssistance.org you must provide valid and truthful information, including but not limited to; First name, Last name, Email address, Phone number and Mailing Address. You may also be asked to provide additional information such as demographic information. FindAssistance.org may also enhance your Member Profile in its database by utilizing data provided by third parties or by tracking actions you take on our website, within our marketing communications, or through other interactions we may have with you.
Members should also provide this same valid accurate information to advertisers or partners when completing any offer presented by or in conjunction with FindAssistance.org. We reserve the right to terminate any account containing untruthful information or providing untruthful information to its advertisers or partners in the process of completing any offer presented.
The FindAssistance.org website and other communications are made available for your personal, non-commercial use. You agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the any purpose. Portions of FindAssistance.org are proprietary to us and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all of our rights. Some of the services and content on FindAssistance.org are provided by third parties and is proprietary to these third parties.
he names of companies, products, and/or service that are not owned by FinancialAssisance.org on our website may be the trademarks of others. Any use of these protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited.
You may not use any aspect of FindAssistance.org to sell a product or service or to increase traffic to your website for commercial reasons.
Links to Third Parties
Any and all links provided by FinancialAssistance.org to third parties’ websites and/or services are managed by such third parties. These links are provided to you as helpful resources to locate content that may be of interest to you. FinancialAssistance.org is not responsible for the content, quality, suitability, functionality or legality of any sites to which links are provided. You agree to hold FinancialAssistance.org (and our affiliated companies) harmless with respect to such sites and their operators.
Disclaimer of Warranties and Limitation of Liability
Your use and browsing of this Site is solely at your own risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
THIS SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, FinancialAssistance.org DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). FinancialAssistance.org (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. FinancialAssistance.org (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL FinancialAssistance.org, ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FinancialAssistance.org HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF FinancialAssistance.org TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU MAY BRING NO CLAIM AGAINST FinancialAssistance.org MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF FinancialAssistance.org IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE FinancialAssistance.org AND ITS AFFILLIATES, BUSINESS ASSOCIATES, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
THIS AGREEMENT AND THE TERMS OF THE CLUB MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF SOUTH CAROLINA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
Notice of Dispute
In the event of a dispute, you and we agree to first commence a formal dispute proceeding by submitting an initial dispute notice to the other party, which shall be a written statement that sets forth the name, address, and contact information of the party giving such notice, the facts relied upon for raising the dispute, and the relief requested. If the parties cannot satisfactorily resolve the dispute within sixty (60) days after the date of the notice and the party requesting relief wishes to proceed, the party requesting relief must submit its dispute for resolution by arbitration or in small claims court (if the claim qualifies) in the manner described below. To send a dispute notice to us, send the notice to: 1735 Market Street, Suite 3750, Philadelphia PA, 19103
Small Claims Court
In the event of a dispute that is not settled by informal negotiation after the receipt of a dispute notice, you may choose to litigate the dispute in small claims court in your county of residence if the dispute meets all requirements to be heard in such court.
ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEB SITE, YOUR MEMBERSHIP IN THE CLUB, YOUR USE OF THE PRODUCT(S), OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND THAT WE ARE LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION UNLESS SETTLED BY THE PARTIES BY INFORMAL NEGOTIATION AFTER DELIVERY OF A NOTICE OF DISPUTE. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“aaa”) UNDER ITS RULES AND PROCEDURES, INCLUDING THE aaa’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE ARBITATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION IN OREM, UTAH. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT, EXCEPT SMALL CLAIMS COURT, TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR(S) NOT A JUDGE OR JURY.
Any failure by FinancialAssistance.org to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and FinancialAssistance.org relating to your use of the Site.
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Services, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that FinancialAssistance.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Services.
The Agreement constitutes the entire agreement between you and FinancialAssistance.org and governs your use of the Site or Services, superseding any prior agreements between you and FinancialAssistance.org . You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other FinancialAssistance.org services, affiliate services, third party content or third party software.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.