Website Terms of Use & End User Agreement
PLEASE READ.
The following Terms of Use (“Terms of Use” or the “Agreement”) are between Financially Fit Business, LLC (the “Company“) and you, the user (“you”, “your” or “User”). These Terms of Use confirm the requirements for you to enjoy our mobile application Hoot & Profit (the “App”) and all features, services, and products offered by the Company through our App.
These Terms of Use contain the complete terms, conditions, and agreement governing use of the Company’s App and services. BY TAPPING OR CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING, OPENING, ACCESSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE APP, OR OTHER COMPANY SOFTWARE, SERVICES, APPLICATIONS, OR CONTENT (COLLECTIVELY THE “SERVICES“), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE APP. THE COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT THE COMPANY’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE APP OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO “TERMS OF USE” ON THE APP. You are obligated to periodically review this document to make yourself aware of any changes and any continued use of the App shall constitute your acceptance of the current Terms of Use.
ACCESS TO THE APP.
To access the App, the Services, or any other Content, you may be asked to provide certain registration details or other information. You agree that all information you provide will be correct, current, and complete. If the Company believes information you provide is not correct, current, or complete, the Company has the right to deny access to the App, or to any of its resources, and to terminate or suspend your access at any time. The App is intended for users who are at least eighteen (18) years of age. Users who are at least thirteen (13) years of age but under eighteen (18) years of age may use the App only with the verifiable consent and active supervision of a parent or legal guardian. By accessing the App, you represent that you meet the applicable age requirement or have obtained the required parental or guardian consent. The Company reserves the right to terminate the account of any user who does not meet the applicable age requirements.
APPLICABLE USE OF APP.
You may use the App only for purposes expressly permitted by this Agreement. As a condition of your use of the Company’s App, you warrant to the Company that you will not use the App for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
NO CO-BRANDING OR FRAMING.
You may not use or authorize any party to co-brand or otherwise misrepresent any affiliation with the Company or the App without the express prior written permission of an authorized representative of the Company in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the App or content accessible within the App. You may not wrap, overlay, frame, or otherwise incorporate any portion of the App’s interface or content within another application, platform, or service, regardless of whether the Company’s identity or the App’s name is visible to the end user. Furthermore, you agree to cease any unauthorized co-branding or other conduct prohibited by this section immediately upon notice from the Company.
NO UNLAWFUL ACCESS.
You agree that you will not use the Company’s App in any manner that could in any way disable, overburden, damage, or impair the App or otherwise interfere with any other party’s use and enjoyment of the App. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the App.
- PERSONAL AND NON-COMMERCIAL USE LIMITATION.
The App is for your personal and non-commercial use, unless otherwise specified in writing by the Company. You may not use the App for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at the Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor or otherwise engage in any commercial activity, or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Company’s App, in whole or in part.
- FEES.
Certain Content and Services provided by the Company are available only with a paid subscription to the App. If you select a paid subscription, you agree to pay the fees quoted at the time of purchase (the “Subscription Fees”). You are responsible for all fees, charges, and applicable taxes. All fees are payable in U.S. dollars. The Company may change pricing in the future, but not during an active subscription term. After the subscription period ends, renewal occurs at the then-current rate unless canceled.
If you do not cancel, the subscription renews automatically and your card will be charged. To cancel, email support@financiallyfit.business with confirmation from the Company.
- BILLING, PAYMENT, AND SUBSCRIPTION PERIOD.
You must provide accurate and authorized payment information. You authorize the Company to charge your payment method and share your billing details with third-party payment processors.
Subscription options:
- Monthly Subscription: Renews every month unless canceled at least three (3) business days before renewal.
- Annual Subscription: 12-month term, auto-renews annually unless canceled at least three (3) business days before renewal. No mid-term refunds.
If you choose Monthly, you may switch to Annual anytime. If you choose Annual, you cannot switch back until the term ends.
- COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY INFORMATION.
All Content on the App is owned by the Company or its licensors. You are granted no ownership rights. You may not copy, modify, distribute, or use Content except for personal use.
- SUBMISSIONS.
You grant the Company a worldwide, perpetual, royalty-free license to use any submissions you provide through the App for any purpose, including product and marketing use, without compensation.
- HYPERLINKING.
The App may contain links to third-party websites. These are provided for convenience only. The Company is not responsible for third-party content or practices.
- USE OF COMMUNICATION SERVICES.
You agree not to post or transmit any content that is unlawful, harmful, abusive, defamatory, obscene, infringing, or otherwise inappropriate. This includes spam, malware, impersonation, harassment, and unauthorized commercial activity.
The Company may remove content at its discretion and may suspend or terminate access for violations without notice or refund.
13. RIGHT TO TERMINATE ACCESS.
The Company reserves the right to monitor use of its App to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. The Company reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
14. DISCLOSURE UNDER LAW.
The Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
15. PERSONALLY IDENTIFIABLE INFORMATION.
The Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through the App in accordance with the terms outlined in its Privacy Policy under “Privacy Policy” on the App, as well as in conformance with all applicable laws, rules, and regulations.
16. DISCLAIMER AND LIMITATIONS ON LIABILITY.
You understand the Company cannot and does not guarantee or warrant that files available for downloading from the Company’s App will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the App. The Company further disclaims any responsibility to ensure that the Content located on its App is necessarily complete and up to date.
YOUR USE OF THE APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY Company App WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE APP OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
17. INDEMNITY.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE APP.
18. COPYRIGHT INFRINGEMENT.
If your copyrighted image or work has been copied or displayed by a user of our App in an unauthorized manner without your consent, please notify the Company as provided below. When notifying the Company, please provide all information requested below. Please note that this procedure is exclusively for notifying the Company and its affiliates that you believe your copyrighted material has been used without consent. Please include the following:
- A description of the copyrighted work that you claim has been used without consent or otherwise infringed;
- A description of where the material you claim is infringing is located within the App, including the applicable screen, section, or feature name;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
The Company’s agent for notice of claims of copyright infringement on its App can be reached as follows:
Copyright Agent: Investment Law Group of Gillett Joseph LLP
545 Dutch Valley Rd NE, Suite A, Atlanta, GA 30324
phone: (404) 607-6934
e-mail: rjoseph@investmentlawgroup.com
19. SECURITY.
Any passwords used for the App are for individual use only. You are responsible for the security of your password(s) at all times. From time to time, the Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with the App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
20. DISPUTES
If there is any dispute about or involving these Terms of Use, the App, or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Georgia, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Gwinnett County, Georgia in connection with any dispute between you and the Company arising out of or involving this Agreement, the App, or any Communications Services.
21. MISCELLANEOUS
- If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company’s App.
- These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Company’s App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App or any of its Services. The Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the App after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
- The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
- The section titles in the Agreement are for convenience only and have no legal or contractual effect.
22. THIRD-PARTY SERVICES AND INTEGRATIONS.
The App may offer integrations with or access to third-party services, platforms, applications, or software, including without limitation Intuit Inc.’s QuickBooks platform (collectively, “Third-Party Services”). Your use of any Third-Party Services through or in connection with the App is subject to the terms of service, end user license agreements, privacy policies, and other agreements of the applicable third-party providers (collectively, “Third-Party Terms”), and you agree, as a condition of using any such integration, to comply with all applicable Third-Party Terms. By connecting any Third-Party Service to your account or uploading, syncing, or transmitting data from any Third-Party Service to the App, you represent and warrant that: (a) you are duly authorized to access and share such data under the applicable Third-Party Terms and any other applicable agreement or law; (b) such connection and data sharing does not violate any applicable law, rule, or regulation; and (c) you have obtained all necessary consents from any individuals whose data may be included. It is your sole responsibility to review, understand, and comply with all applicable Third-Party Terms. The Company makes no representations or warranties regarding any Third-Party Services and is not responsible for the availability, accuracy, functionality, security, reliability, or legality of any Third-Party Services or any content or data accessible through them. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICES, ANY THIRD-PARTY TERMS, OR ANY INTERRUPTION, MODIFICATION, OR DISCONTINUATION OF ANY THIRD-PARTY SERVICE OR INTEGRATION. The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue any integration with any Third-Party Service at any time, with or without notice, and without any liability to you.
23. VIRTUAL CURRENCY AND IN-APP REWARDS.
The App features a virtual rewards system in which users earn “Pellets” by completing certain in-app activities. Pellets have no monetary value and may not be redeemed for cash, transferred, sold, or exchanged for anything of value outside the App. No purchase of Pellets is required to use any core features of the App. From time to time, users may earn discount coupons redeemable toward Financially Fit Business, LLC subscription services (including, by way of example, coupons providing a $50.00 discount toward an FFB subscription) through the accumulation of Pellets. Any such coupons are subject to the separate terms and conditions of the applicable FFB subscription offer, including any expiration dates, eligibility requirements, usage restrictions, and availability limitations. The Company reserves the right to modify, suspend, or discontinue the Pellet rewards program and any associated coupon program at any time, with or without notice, and without liability to you. All Pellets are forfeited upon cancellation or termination of your account.
We hope you enjoy our App, our Content, and our Services. If you have any questions regarding these Terms of Use, please contact us at support@financiallyfit.business.
