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Terms of Use
Your use of FinBe USA’s websites (the “Website”) is governed by the following terms and conditions. Your use of this Websi- te constitutes an agreement between you and FinBe USA and their affiliates, subsidiaries and related companies (collecti- vely, “FinBe USA,” the “Company,” “we,” “us,” or “our”) and your acceptance of our Privacy Statement
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING, VIEWING, OR OTHERWISE UTILIZING THIS WEBSITE, THE SERVICES OR FUNCTIONS OFFERED IN OR BY THIS WEBSITE AND/OR THE CON- TENTS OF THIS WEBSITE IN ANY WAY, YOU AGREE TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS WEBSITE. IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR ARE OTHERWISE INCAPABLE OF ENTE- RING INTO A LEGALLY BINDING AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS WEBSITE.
Agreement. This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of finbeusa.com and its related webpages, including, but not limited to its Customer Portal at customerportal.fin- beusa.com (collectively, the “Website”) and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by FinBe USA upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://customerportal.finbeusa.com/terms. Each use by you shall constitute and be deemed your uncondi- tional acceptance of this Agreement.
Privacy. Your visit to our Website and all information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Ownership. All content included on this Website is and shall continue to be the property of FinBe USA or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
Intended Audience. This Website is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the services offered by the Website are not available to minors. If you do not qualify, you may not use the Website. You warrant that you are eighteen (18) years of age or older to use this Website.
Trademarks. Finbe and FinBe USA are either trademarks or registered trademarks of Bepensa Capital, Inc.. Other product and company names mentioned on this Website may be trademarks of their respective owners. Trade- marks, service marks, logos, and copyrighted works appearing in this Website are the property of FinBe USA or the party that provided such intellectual property to FinBe USA. FinBe USA and any party that provides intellectual property to FinBe USA retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.
Site Use. FinBe USA grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use mate- rials, products or services in violation of any law. The use of this Website is at the discretion of FinBe USA and FinBe USA may terminate your use of this Website at any time.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. 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 US 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, without our prior written consent.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user 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 Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site 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 purpose not expressly authorized in these Terms of Use, 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.
Indemnification. You agree to indemnify and hold FinBe USA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indem- nify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.
Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE AND/OR FINBE USA IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRES- SED OR IMPLIED. FINBE USA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTA- BILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FINBE USA DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAI- LABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FINBE USA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURA- CY, RELIABILITY, OR OTHERWISE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRA- PHICAL ERRORS, AND FINBE USA MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. FINBE USA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE WITHOUT ERROR, OR THAT IT WILL BEAVAILABLE AT ALL TIMES. FINBE USA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB- SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FINBE USA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
Limitation of Liability. The information presented on or through the Website is made available solely for general information purposes. FINBE USA DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.[Salto de ajuste de texto][Salto de ajuste de texto]UNDER NO CIRCUMSTAN- CES WILL FINBE USA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBI- LITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.[Salto de ajuste de texto][Salto de ajuste de texto]You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclu- sion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Links to Third-Party Sites. The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FinBe USA and FinBe USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FinBe USA is not responsible for web casting or any other form of transmission received from any Linked Site. FinBe USA is provi- ding these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FinBe USA of the site or any association with its operators.
Use of Information. FinBe USA reserves the right, and you authorize us, to use and assign all information regarding website uses by you and all information provided by you in any manner consistent with our Privacy Policy. FinBe USA further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Consent to Communicate. You agree that FinBe USA and any of its affiliates, agents or service providers may call you, leave you a voice prerecorded, or artificial voice message, or send you an e-mail, or other electronic message for any purpose related to your use of this Web Site, your inquiry into financial services or products offered, any Account you may establish with FinBe USA, or for surveys or research or for any other informational purpose related to an Account with FinBe USA (each a “Communication”). You agree that FinBe USA and any of its affiliates, agents or service providers may call you at any telephone number you may provide to FinBe USA or associated with your Account(s), including cellular telephone numbers, and may send an e-mail to any email address used to access this Website or associated with your Account(s), including any phone numbers, e-mail addresses or any other contact information provided by you regarding your use of the Website. You also agree that FinBe USA and any of its affiliates, agents or service providers may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. FinBe USA will not charge you for a Communication, but your service provider may. In addition, you understand and agree that FinBe USA and any of its affiliates, agents or service providers may always communicate with you in any manner permissible by law that does not require your prior consent
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to our Copyright Agent at legal@finbeusa.com containing all of the following information:
a.- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b.- A description of the copyrighted work that you claim has been infringed;
c.- A description of where the material that you claim is infringing is located on the Website;
d.- Your address, telephone number, and e-mail address;
e.- 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; and
f.- 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.
Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Broward County, Florida.[Salto de ajuste de texto][Salto de ajuste de texto]YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of FinBe USA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by FinBe USA must be in writing and signed by an authorized representative of FinBe USA.
Termination. FinBe USA may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Terms of Use constitutes the entire agreement between you and FinBe USA and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communica- tions and proposals, whether electronic, oral or written, between you and FinBe USA with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. FinBe USA reser- ves the right to change the terms, conditions, and notices under which the Website is offered and may revise this Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agree- ment to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Contact Information. If you have any questions regarding these Terms of Use, please contact us at legal@finbeusa.com