TERMS OF USE
The following Terms of Use govern your use of FGD - Financial Group Direct, LLC web site (this "Site") and the materials accessible on or from this Site. Please read these Terms of Use carefully before accessing any part of this Site. Your access of this Site constitutes your agreement with and acknowledgement of these Terms of Use. If you do not agree with these Terms of Use, you may not access this Site.
NO REPRESENTATIONS AND WARRANTIES
FGD - Financial Group Direct, LLC does not warrant or make any representations of any kind with respect to the materials and information contained on this Site. Your use of this Site is at your own risk. Although FGD - Financial Group Direct, LLC attempts to provide accurate information, this Site is intended to be for general reference and informational purposes only. Employer and other information, including job descriptions and availability, is subject to change at any time. Although we strive to keep this Site up to date, it may contain inaccurate, incomplete, or out-of-date information. FGD - Financial Group Direct, LLC assumes no responsibility for errors or omissions in the content of this Site, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing this Site or using the information or material obtained. The user and FGD - Financial Group Direct, LLC agree that FGD - Financial Group Direct, LLC shall not be liable for any damages relating to the use of, or reliance upon, this Site or such material.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE FGD - FINANCIAL GROUP DIRECT, LLC AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF FGD - FINANCIAL GROUP DIRECT, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
FGD - FINANCIAL GROUP DIRECT, LLC'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL FGD - FINANCIAL GROUP DIRECT, LLC'S TOTAL LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS FGD - FINANCIAL GROUP DIRECT, LLC'S CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THIS SITE, OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR FROM THIS SITE.
INDEMNITY
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY AND HOLD FGD - FINANCIAL GROUP DIRECT, LLC, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THIS SITE (INCLUDING POSTING OF ANY CONTENT) OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY.
REQUIRED CONDUCT
FGD - Financial Group Direct, LLC requires that you agree to follow the following basic rules of conduct when using this Site:
(1) You will follow these Terms of Use and all applicable laws;
(2) You will only provide truthful and accurate information;
(3) You will not harass, threaten or abuse other people when using this Site in any manner;
(4) You will not interfere with others' use of this Site, including by interrupting other users' sessions, or otherwise act in a way that negatively affects other users' use of this Site;
(5) You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;
(6) You will not collect or store personally identifiable information about any other individual on this Site, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with FGD - Financial Group Direct, LLC; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(8) You will not post any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt this Site we provide, users' ability to enjoy this Site, or the proper functioning of any software, hardware or equipment or materials used in connection with this Site;
(9) You will not use any information on this Site for any commercial purposes, except as expressly authorized by FGD - Financial Group Direct, LLC;
(10) You will not search, mine or link any data or information to or through this Site without FGD - Financial Group Direct, LLC's express consent and authorization; and
(11) You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of this Site.
If you violate any of the guidelines set forth above, or any other aspect of these Terms of Use, we reserve the right to suspend or terminate your rights to use this Site without giving you any notice.
PRIVACY POLICY STATEMENTS
Any information that we may collect from you during your use of this Site is subject to is subject to our Privacy Policy. For the full text of our Privacy Policy click on the privacy policy that is found at the bottom our website.
LINKS TO OTHER SITES
FGD - Financial Group Direct, LLC may provide links from or to other sites maintained by third parties. FGD - Financial Group Direct, LLC has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that FGD - Financial Group Direct, LLC shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from this Site or any linked sites.
INTELLECTUAL PROPERTY
The information on this Site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by FGD - Financial Group Direct, LLC and/or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without FGD - Financial Group Direct, LLC's prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. FGD - Financial Group Direct, LLC's trademarks, logos, images, and service marks used on this Site are the property of FGD - Financial Group Direct, LLC and may not be used without the prior written consent of FGD - Financial Group Direct, LLC and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION STATEMENT
FGD - Financial Group Direct, LLC does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran, and/or status with regard to public assistance, and FGD - Financial Group Direct, LLC makes employment decisions in accordance with federal, state and local laws.
NO EMPLOYMENT GUARANTEE
By permitting you to use, upload, or post information on this Site, FGD - Financial Group Direct, LLC makes no guarantee or promise that you will achieve job placement, that any employment or position is available, or that you will be placed in a job of your preference.
CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq, copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to FGD - Financial Group Direct, LLC if they have a good-faith belief that their protected works are being infringed. FGD - Financial Group Direct, LLC will respond to all such notifications that are sent to:
FGD - Financial Group Direct, LLC
9000 Crow Canyon Road, Suite S#374
Danville, CA 94506
Phone: (925) 837-5900
info@financialgroupdirect.com
To be effective, the notification must be a written communication that includes:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, FGD - Financial Group Direct, LLC shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After FGD - Financial Group Direct, LLC removes or disables access to such material, FGD - Financial Group Direct, LLC will notify the party that posted the material of its action. Such party may then provide FGD - Financial Group Direct, LLC's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which FGD - Financial Group Direct, LLC will forward to the alleged copyright owner. FGD - Financial Group Direct, LLC will inform the alleged copyright owner that FGD - Financial Group Direct, LLC will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to FGD - Financial Group Direct, LLC's designated agent stating that it has filed suit against the alleged infringer.
An effective counter–notification must be sent to FGD - Financial Group Direct, LLC's designated agent, whose names an address are listed above. The notice must include the following information:
(1) The counter-notifying party's physical or electronic signature;
(2) Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
(3) A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(4) The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where FGD - Financial Group Direct, LLC is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided FGD - Financial Group Direct, LLC with notification or an agent of such a person.
GOVERNING LAW
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to any use of, or information on this Site.
SEVERABILITY
If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.
FGD - Financial Group Direct, LLC may revise these Terms of Use at any time, and all users will be bound by such revisions. Revisions will be posted on this Terms of Use page and users are responsible to review the page from time to time to ensure compliance. |
