This Terms of Use is the User Agreement for the below-defined Service made available to you by Fair Capital, Inc. (“Fair Capital”). This is also where you will find posted updates to this User Agreement in the future.
YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM FAIR CAPITAL, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Fair Capital may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in Help section of the Service. You will be responsible for regularly reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of this Service
Subject to the terms of this Agreement, Fair Capital grants you a revocable, non-transferable, non-exclusive right to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party.
Subject to the terms of this Agreement, you may download or print hard copies of pages or reports from the Service or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must at a minimum contain the following notice:
“Copyright (c) 2023 Fair Capital, Inc. All rights reserved.”
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Fair Capital’s prior written consent.
Fair Capital has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Fair Capital has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
Your subscription is personal to you, and you may not transfer or share your subscription with another person, other than immediate family members living in the same household, provided that: (i) each such family member reads and agrees to be bound by the terms and conditions of this Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of Service by such family member(s).
Ownership and Copyright
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Fair Capital and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Fair Capital and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
Trademarks
FAIR CAPITAL, FAIR CAPITAL.COM, CHARTBEHAVIOR.COM and the FAIR CAPITAL & DESIGN logo are registered marks of Fair Capital. In addition, the Fair Capital G Score™, as well as any other Fair Capital marks appearing in the Service, are the property of Fair Capital. You will not use or allow any third party to use any of Fair Capital’s marks, including but not limited to the foregoing, without Fair Capital’s prior express written consent. All marks not owned by Fair Capital are the property of their respective owners.
Disclaimer of Warranties
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. FAIR CAPITAL AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER FAIR CAPITAL NOR ANY OF ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER FAIR CAPITAL NOR ANY OF ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER FAIR CAPITAL NOR ANY OF ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER FAIR CAPITAL NOR ANY OF ITS CONTENT PROVIDERS WARRANT THAT THE SERVICE OR ANY PORTION OF IT COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
Limitation of Liability
NEITHER FAIR CAPITAL NOR ANY OF ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM FAIR CAPITAL MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY FAIR CAPITAL (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FAIR CAPITAL AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER FAIR CAPITAL NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF FAIR CAPITAL OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Fair Capital, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any portion of the Fair Capital Community (as defined below) that may be made available as part of the Service).
User Password
If you are required to select a password to access or use the Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Fair Capital determines in its sole discretion that any password you select is inappropriate for any reason, Fair Capital may delete that password and/or limit or terminate your access to the Service.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY FAIR CAPITAL (USING THE PHONE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER “CUSTOMER SERVICE AND PRODUCT SUPPORT”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Third-Party Web Sites, Links, and Information
The Service may contain information, products, and services provided by third parties and links to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Service. Fair Capital does not control this information or these products, services, or Web sites. Fair Capital does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Fair Capital with respect to any third party, any third party’s Web site or its content, or any information, products, or services provided by a third party.
Quotes & Charts
All investment quotes are believed to be correct, but Fair Capital does not warrant or guarantee the accuracy, completeness, or timeliness of any such information. Fair Capital advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase, or redemption, as appropriate.
Performance and price charts are based on the data provided to us by 3rd parties. Fair Capital does not warrant or guarantee the accuracy, completeness, or timeliness of any such information.
Privacy and Information Made Available by You
Fair Capital shall have the right to use and disclose any information provided by you through the Service (including but not limited to information provided through e-mail) or made available through your use of the Service, for any lawful purpose, unless you indicate otherwise in writing. In no event shall you be entitled to any compensation for the use of any of this information. Please see our Privacy & Security Policy for further details.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of California. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise. Each party expressly waives the right to trial by jury.
Waiver of Class Action
Except as otherwise specifically prohibited by applicable law, all disputes arising from or related to this Agreement, a party’s performance hereunder or any of its acts or omissions (or any of the acts or omissions of any of its agents) will be adjudicated on an individual basis and not in a class or representative action or as a member of a class, mass, consolidated or representative action, irrespective of the forum in which they are heard. Any claim asserted by a party hereunder shall not be joined for any purpose with the claim or claims of any other person or entity, unless both parties specifically agree to the joinder of individual actions.
Entire Agreement
This Agreement constitutes the entire agreement between you and Fair Capital regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Severability
To the maximum extent possible, each provision in this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
Subscription Provisions
FAIR CAPITAL RESERVES THE RIGHT TO CHANGE THE SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY IS TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Charges and Billing Practices
Fair Capital reserves the right to change or add fees for products, services, or features (collectively, “Products”) offered in connection with the Service at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription.
Cancellation
Fair Capital may at any time immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Service or any other portion of the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing any portion of the Service. Upon such cancellation, you will have no further right to access or use any portion of the Service. None of the foregoing limits any other legal, equitable, or contractual rights available to Fair Capital.