This agreement (the "Agreement") is entered into by and between you and Finagle, Inc. ("Finagle") regarding your use of our website at www.finagle.com, our mobile website, our mobile application, and all other services Finagle provides. By using Finagle, you are entering into this Agreement with Finagle and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service.
1. Description of the Service
Finagle (the "Service") is a service from Finagle, Inc. (the "Company") that allows its users to learn about requested locations. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Proper Use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Renting, lending, sublicensing, copying, broadcasting or any other kind of distribution of the content is prohibited. You will not disassemble, decompile, manipulate or reverse engineer any portion of the data other than current normalization operations to assure common format for data. Finagle and its suppliers and licensors, reserves the right to take additional security measures such as adding watermarks to the data that must be maintained as part of the data. Finagle considers such security measures confidential business information subject to trade secret protection, and the confidentiality provisions listed in this agreement, and as such is not required to disclose to the end user the specifics of its security measures. You may not under any circumstances, knowingly remove any security measures from the data. If you knowingly remove any security measures from the data, it will be considered a breach of this agreement which would be grounds for termination.
Copyright and other intellectual property rights to the content, to any copies that you may make are owned by Finagle and its suppliers and licensors. Finagle permits you to use the content only in accordance with the terms of service. All rights not specifically granted in the terms of service are reserved by Finagle and its suppliers and licensors. The terms of service does not give you ownership of the content and only gives you a license to use the content.
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Websites and Online Services and (iii) that your use of the Websites and Online Services is in compliance with any and all applicable laws and regulations.
5. User Representations and Warranties
You represent and warrant that all of the information provided by you to participate in the Services is correct and current.
6. Refusal of service; Termination; Suspension
The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
8. Disclaimer of Warranties
The Service is provided "as is". Finagle and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Finagle nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
You agree to hold harmless and indemnify the Company, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Finagle is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Finagle of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Finagle and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
12. Modifications to the Agreement
This Terms of Service agreement may be revised. If we make material changes to this agreement, then we will notify you in our application, here on this website, by email, or by means of a notice on the Finagle home page.
13. Waiver and Severability
The failure of Finagle to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
14. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Tennessee without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Davidson County, Tennessee, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Tennessee (excluding choice of law).
15. Corporate Information
PO Box 90763
Nashville, TN 37209
Effective: January 1, 2022