Terms of Use

This website is owned by Fundamental Financial Group LLC (“Fundamental”). By accessing or using this website, you are acknowledging and agreeing to the terms and conditions of this Terms of Use Agreement (“Agreement”), as it may be amended or supplemented from time to time. The Agreement governs your use of the Fundamental web site (the “Site”), and your access to and use of the content, postings, links, products, services, and/or other materials offered on Site (collectively, the “Services”).

 

Ownership.

 

The Site is owned by Fundamental. All software, content and materials used or appearing on the Site are the exclusive property of Fundamental or its licensors and are protected by copyright, trademark, and other intellectual property rights laws. No copying, display, distribution, sale or exploitation of any material is permitted. You do not acquire any ownership rights by accessing or downloading material from the Site and/or Services and you agree not to reproduce, duplicate, copy, sell, resell, use or exploit the Site for any commercial purposes other than the purposes consistent with the Services. Fundamental’s intellectual property may not be used for any reason whatsoever, including without limitation, in connection with any product or service without the prior permission of Fundamental.

 

Modification.

 

Fundamental reserves the right to modify or discontinue, temporarily or permanently, the Site, Services and these Terms of Use for any reason, at its sole discretion, with or without notice to you, including but not limited to the right to impose new or additional terms or conditions on your use of the Services. Your continued access or use of the Site and/or Services shall be deemed to be your conclusive acceptance of any amended Terms of Use. Fundamental is not liable for any modification or suspension of Services.

 

Third Party Links

 

Fundamental may provide links to other websites that are not operated by Fundamental, or to content, functions, information and tools that are not the property of Fundamental. Fundamental does not endorse these sites and is not responsible for the content of any linked site, or for any technical problems you may experience by visiting the other sites.

 

Individual Use of the Services.

 

You represent and warrant that you are over 18 years of age, and that you possess the legal right and ability to enter into these Terms of Use and to use the Services in accordance with this Agreement. You are only authorized to visit, view and to retain copies of pages of the Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual use unless authorized by Fundamental in writing. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Services and agree to be solely responsible for your actions and the contents of your transmissions through the Services. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

 

Disclaimer; Limitation of Liability.

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. FUNDAMENTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNDAMENTAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES, TIMELY, SECURE, OR ERROR FREE; NOR DOES FUNDAMENTAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

IN NO EVENT SHALL FUNDAMENTAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN $500. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE OR SERVICES ARE HEREBY EXCLUDED EVEN IF FUNDAMENTAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Indemnification.

 

You agree to indemnify, defend, and hold harmless Fundamental, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Services by you or any other person accessing the Services using your user name and password.

 

Miscellaneous.

 

This disclosure shall be governed in all respects by the substantive laws of the State of New York, without regard to its provisions relating to conflict of laws. You and Fundamental agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York County, New York. The failure of Fundamental to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.