Terms and Conditions of Use
YOUR USE OF THIS WEBSITE CONTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
Freedom ID™ is a service powered by Identity Theft 911, LLC ("Identity Theft 911") and provided to you by FinWell Group, LLC. This Agreement, (hereinafter "Agreement") is entered into by and between FinWell Group, LLC, a limited liability company, with its principal executive offices located at 17295 Chesterfield Airport Road, Ste. 200, Chesterfield, MO 63305 ("FinWell Group") and you, an individual and/or a corporation accessing this network of websites ("Web Site").
Severability and Integration
Changes to the Web Site
FinWell Group, Identity Theft 911 or a third-party provider of services may periodically make changes to the Web Site at any time, without notice. FinWell Group, Identity Theft 911and third-party providers may make improvements and/or changes in the products and services described on the Web Site at any time, without notice.
FinWell Group reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice, without liability to you, any other user, or any third party.
Products that are offered through the Web Site are subject to the agreements and terms of service that apply to them and can be accessed when a specific product is requested. Further, additional proprietary notices and copyright information may be found on other pages in the Web Site.
Authorized Use of Web Site Information
Except as otherwise indicated on this site, FinWell Group hereby authorizes you to view and print documents or information on this site subject to the following terms and conditions:
(a) the document or information may be used internally (by you or any third party to whom you distribute it) solely for informational, personal, non-commercial purposes;
(b) no fee may be charged for distribution of any information to any third party;
(c) the document may not be modified in any way;
(d) any and all copyright or other proprietary notices that appear herein, together with these Legal Notices, must appear on any copy of the document or portion thereof that you make or distribute; and
(e) FinWell Group reserves the right to revoke this authorization at any time, and any previous use shall be discontinued immediately upon notice from FinWell Group.
Documents specified above do not include the layout or design of the Web Site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds, or images on this web site, which may be reproduced or distributed only when expressly permitted by FinWell Group, Identity Theft 911 and third-party provider.
Transmission of Personal Data
[For use in connection with Sites through which proprietary account data may be transmitted.] User acknowledges and agrees that by providing FinWell Group and its affiliates with any personal or proprietary user information through the Web Site, user consents to the transmission of such personal or proprietary user information over interstate and international borders as necessary for processing in accordance with FinWell Group's standard business practices.
Except as required by law and in accordance with the FinWell Group Internet Privacy Statement. FinWell Group will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to FinWell Group. Postings by a user on any message board or in any chat room will not be protected as confidential and FinWell Group may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by FinWell Group.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. FinWell Group is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, this FinWell Group Website is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this FinWell Group Web Site, except by prior written agreement with FinWell Group.
You may not use this FinWell Group Web Site to sell a product or service, or to increase traffic to your web site for commercial reasons, except by prior written agreement with FinWell Group.
You may not take elements of the FinWell Group Web Site and reformat and display them, or mirror them on your web site, except by prior written agreement with FinWell Group.
If you want to make commercial use of this FinWell Group Web Site, you must enter into an agreement with FinWell Group to do so in advance. Please contact us for more information.
Disclaimer of Warranties
Except where expressly provided otherwise by FinWell Group, the materials, information, software, products, and services included in or available through this web site (the "Content") are provided "as is" and "as available", and are for non-commercial use only, and FinWell Group hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent that such disclaimers are held to be legally invalid. FinWell Group makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the Content and/or service contained and provided on the Web Site. FinWell Group and its licensors do not warrant that the content is accurate, reliable, or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of harmful components. The Web Site may include inaccuracies or typographical errors. Your use of the Web Site is solely at your risk.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
In no event shall FinWell Group or its licensors be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading any materials, information, software, products, and services included in or available through the Web Site. In no event shall FinWell Group or its licensors be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data, or other economic advantage, and attorney fees), however it arises, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the Web Site, even if FinWell Group has been previously advised of the possibility of such damage.
LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE
YOU AGREE THAT FINWELL GROUP IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. FINWELL GROUP HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE FINWELL GROUP FROM ANY LIABILITY WITH RESPECT TO THE SAME.
THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). FINWELL GROUP HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT FINWELL GROUP HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND FINWELL GROUP URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
You agree to hold FinWell Group harmless from, and you covenant not to sue FinWell Group for, any claims based on or related to the use of the Web Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You agree to indemnify, defend and hold FinWell Group harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service offered by FinWell Group. You agree that this defense and indemnity shall also apply to any breach by you of any agreement for services by FinWell Group or the foregoing representations, warranties and covenants. You further agree that this defense and indemnity shall include, without limitation, attorney fees and costs. You also agree that this defense and indemnity shall apply to FinWell Group, its affiliates, directors, officers and employees. FinWell Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FinWell Group.
Without limiting the foregoing, under no circumstances shall FinWell Group or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Products and Services Availability
The Web Site can be accessed from countries around the world and may contain references to FinWell Group, Identity Theft 911 or third-party services, programs, and products that have not been announced in your country. These references do not imply that FinWell Group currently offers or intends to announce such services, programs, or products in your country.
Policy on linking to the FinWell Group Web Site: You are granted a limited, non-exclusive right to create a hypertext link to this FinWell Web Site found at www. http://finwellgroup.com/freedomid/home. However:
(a) You may not portray FinWell Group and/or its affiliates or any of their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
(b) You may not misrepresent your relationship with FinWell Group or imply that FinWell Group sponsors, endorses, or is affiliated with your web site or products.
(c) You may not replicate, modify, or alter the appearance or content of this web site.
(d) You may not use, frame, or utilize framing techniques to enclose any FinWell Group trademark, logo, or other proprietary information, including the images found at the Web Site, the content of any text, or the layout and/or design of any page or form contained on a page without the express written consent of FinWell Group
(e) Furthermore, a site that links to the FinWell Group Web Site:
Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; and
Must not contain materials that would violate any laws.
Must agree that the link may be removed at any time upon FinWell Group's request pursuant to FinWell Group's reserved rights to rescind its consent to allow the link.
Except as stated above, you are not conveyed any right or license by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of FinWell Group or any third party, to (i) the content of the Web Site or (ii) any intellectual property or proprietary rights of FinWell Group. This limited linking right may be taken away from you at any time at our discretion.
Links to Third-Party Sites
The FinWell Group Web Site may contain links to or mirroring of web sites controlled by parties other than FinWell Group. FinWell Group is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. FinWell Group provides these links or mirroring to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked web site by FinWell Group . It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Linked Internet Sites
FinWell Group prohibits caching, unauthorized hypertext links to the Web Site and the framing of any Content available through the Web Site. FinWell Group reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Web Site. Access to any other Internet sites linked to the Web Site is at the user's own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Web Site. FinWell Group is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
FinWell Group has not co-authored, ratified, endorsed, or adopted the information contained in any publications referenced on the Web Site by publishing it herein.
FinWell Group has not co-authored, ratified, endorsed, or adopted any statistics provided by third parties by publishing them on the Web Site.
Your Contact With Advertisers
Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Web Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. FinWell Group makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that FinWell Group will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Site.
Use of "Cookie" File Features
Submissions, Feedback, and Confidentiality
Except where expressly provided otherwise by FinWell Group, all comments, feedback, information, or materials submitted to FinWell Group through or in association with the Web Site ("Submissions") shall be considered non-confidential and property of FinWell Group. By providing such Submissions to FinWell Group, you agree to assign to FinWell Group, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions. FinWell Group shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not FinWell Group, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.
Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify FinWell Group.
Intellectual Property Notices
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by FinWell Group. Freedom ID™, and other FinWell Group products and services referenced herein are the common law and/or registered trademarks of FinWell Group in the United States and/or in other countries. The absence on the Web Site of a FinWell Group product or service name, slogan, or logo does not constitute a waiver of FinWell Group's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of FinWell Group. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please click here.
You agree that both this Agreement and all application documents and transactions will be governed by and construed and enforced solely in accordance with the laws of the State of Missouri. SUBJECT TO THE ARBITRATION CLAUSE OF THIS AGREEMENT, YOU AGREE THAT THE STATE COURTS LOCATED IN THE STATE OF MISSOURI WILL HAVE EXCLUSIVE JURISDICTION AND VENUE OF ACTION TO ENFORCE ALL COLLECTION ACTIONS BROUGHT TO ENFORCE THIS AGREEMENT. If you are not a resident of the United States at the time a dispute or controversy arises, you consent to the personal jurisdiction of all courts located in the State of Missouri for purposes of enforcing your promise to pay pursuant to the terms of this Agreement; and you agree that all proceeding will take place in St. Louis, Missouri.
Class Action Waiver
You agree, to the extent permitted by law that you will not bring, join or participate in any class action or multiple-plaintiff action as to any claim, dispute, or controversy you may have against us. You agree to the entry of injunctive relief to stop such a lawsuit or to remove myself as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration against any person who has initiated in court a putative class action; or who is a member of a putative class until: (a) the class certification is denied; or (b) the class is decertified; or (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
You agree that any claim, dispute or controversy between us, any claim by either party against the other or the agents, services, or assigns of the other are to be arbitrated on an individual basis, and it is not the intent of the parties that arbitration should proceed on a class basis. You agree that that any arbitration hearing shall be held in St. Louis, Missouri, in accordance with the rules of the American Arbitration Association (AAA). The law of the State of Missouri shall govern all claims, disputes or controversies brought to arbitration pursuant to the terms of this Agreement. The arbitration proceedings shall be conducted before a panel of three arbitrators who shall be chosen in accordance with the rules of the AAA. The arbitrators shall have the authority to award any remedy or relief that a court of the State of Missouri could order or grant, including, without limitation, specific performance of any obligation created under the Agreement, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. YOU AGREE THAT ARBITRATION AWARD SHALL BE FINAL AND BINDING.
If you are not a resident of the United States at the time a controversy subject to arbitration arises, you agree that any arbitration hearing shall be held in St. Louis Missouri; you consent to the personal jurisdiction of all courts located in the State of Missouri for purposes of enforcing this arbitration agreement and any arbitration award; and you agree that any arbitration proceeding shall be conducted in English language.
If any party unsuccessfully resists confirmation or enforcement of an arbitration award rendered under this agreement, then all costs, attorneys’ fees, and expenses incurred by the other party or parties in confirming or enforcing the award shall be fully assessed against and paid by the party resisting confirmation or enforcement of the award.