Terms of Service
Terms of Service
Effective Date: January 1, 2022
Welcome to FinTech Law’s service and operations website. This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, please do not use this website.
FinTech Law, LLC (“FinTech Law,” “FinTech,” “FTL,” “we,” “us,” or “our”) offers legal services to a variety of clients (collectively, the “Services”), and may publish content related to such legal services on fintechlegal.io (the “Website”).
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE WEBSITE PROVIDED BY FINTECH LAW ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
We can modify these Terms at our sole discretion. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Website. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Website after any such update constitutes your acceptance of such changes.
Agreement. This Terms of Service agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Website and its content. This Agreement may be modified at any time by FinTech upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Terms Of Service | FinTech Law (fintechlegal.io). Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. By using the Websites you become a user (“User”) and you agree to be bound by all the Terms set forth in this Agreement as long as you remain a User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Eligibility and Scope.
General. To use the Website you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If FTL has previously prohibited you from accessing or using the Website, you are not permitted to access or use it.
Location. These Terms are applicable to Users located in the United States only. The Website is not intended for users outside the United States.
Our Proprietary Rights. The Website is owned and operated by FinTech Law and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) that are derived in whole or in part from materials supplied by FTL and its partners, as well as other sources, and are protected by U.S. copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Website is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Website was developed, compiled, prepared, revised, selected, and arranged by FinTech Law and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of FinTech Law and such others. You agree to protect the proprietary rights of FinTech Law and all others having rights in the Website during and after the term of these Terms and to comply with all written requests made by FinTech Law or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Website. You agree to notify FinTech Law immediately upon becoming aware of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Website shall, as between you and FinTech Law, always be and remain the sole and exclusive property of FinTech Law. Any unauthorized use of any material contained on or through the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
User Content and Feedback.
Feedback on the Website. The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to FinTech Law and share such Feedback with other users, or the public. By submitting Feedback through the Website, you grant FinTech Law a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other FinTech Law marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that FTL does not control, and is not responsible for, User Content or Feedback, and that by using the Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless FinTech Law for all claims resulting from User Content or Feedback you submit through the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any available defenses.
Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Website.
Disruption of the Service. You may not:
access, tamper with, or use non-public areas of the Website, FinTech’s computer systems, or the technical delivery systems of FinTech’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Website by any means other than FTL’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g., using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period); or
interfere with or disrupt the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Website.
Misuse of the Website. You may not utilize the Website to conduct, promote or support:
any unlawful or fraudulent activities;
the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
the sending of unsolicited communications, promotions advertisements, or spam;
the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
the promotion or advertisement of products or services other than your own without appropriate authorization.
User Content Standards within the Website. You may not post any User Content on the Website that:
violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous, or threatening, constitutes hate speech, harassment, or stalking;
contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without FinTech’s prior written consent granted as part of a Services engagement;
contains viruses, bots, worms, or similar harmful materials; or
contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations. In addition to any other remedies that may be available to us, FinTech Law reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Website, upon notice and without liability for FinTech Law should you fail to abide by the rules in this Section 6 or if, in FinTech’s sole discretion, such action is necessary to prevent disruption of the Website for other users.
Intended Audience. The Website is intended for FinTech Law clients and prospective clients only and their authorized persons.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Do Not Rely on the Website. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice, including legal advice, from FinTech Law, which does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information. If you seek legal advice from FinTech Law, you must first enter into a client engagement with us.
Third-Party Links and Website. The Website may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. FinTech Law is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that FinTech Law shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Indemnification. You agree to indemnify, defend, and hold FinTech Law and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
Disclaimer; No Warranties. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. FTL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FINTECH LAW BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR THE WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Mandatory Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and FinTech Law agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 15 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected] and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with FinTech Law, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 15(g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of FinTech Law shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees. FinTech Law will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. FinTech Law will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and FinTech Law’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at [email protected] The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Hamilton County, Ohio, United States, and you and FinTech Law agree to submit to the personal jurisdiction of any federal or state court in Hamilton County, Ohio, United States, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FINTECH LAWAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Cincinnati, Ohio for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Website. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, FTL also will not be bound by them.
Changes to This Section. FinTech Law will provide 30 days’ notice of any changes to this section by posting on the Website. Amendments will become effective 30 days after they are posted on the Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Website.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Website.
Applicable Law. You agree that the laws of the State of Ohio, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and FinTech Law or its affiliate
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Termination.FinTech Lawmay terminate this Agreement at any time, with or without notice, for any reason
Relationship of the Parties. Nothing contained in this Agreement or your use of the Services and Websites shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own action
Force Majeure. Under no circumstances shall FinTech Lawor its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
Waiver. The failure of FinTech Law 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 FinTech Law must be in writing and signed by an authorized representative of FinTech Law.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms
Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website and/or these Terms must be filed within one year after such claim or cause of action arose or be forever barre