User Agreement
User Agreement
Vilkri, Inc. (sometimes referred to herein as the "Company"), is the developer of www.moneyobedience.com (this "Website"), and is granting you access to the Website and the information and materials on this Website (together, the "Materials"). This includes: (1) access to content; (2) textual information based on financial models; (3) automatically generated information responsive to user-entered data; and (4) other information appearing here. You are granted only a limited license to use the Website and Materials, as set forth in the Legal Notices section of this Website.
By using this Website, you agree to be bound by this User Agreement (the "Terms"). Capitalized terms are defined in these Terms. You may receive a copy of these Terms by emailing us at:
and indicating on the subject line "Request Copy of Terms". These Terms constitute a legal and binding agreement.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE WEBSITE.
SERVICES PROVIDED
The Website is a personal finance information management service that allows users to consolidate and track their financial information on the Website. The Website is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice. The Company makes no effort to review the information provided by users for any purpose, including but not limited to accuracy, legality or non-infringement.
Based on the information you provide, the Company may present information relating to third party products or services. The Company is not responsible for the products and services offered by or on third-party sites. For more information on third party products and services, see the Section entitled Links and References to Third Parties' Products and Services.
FOR PERSONAL USE ONLY
This Website and the Materials are designed for personal use by persons age 18 or older, and is principally designed for residents of the United States. We may in the future have information on our Website for persons in other countries.
The Website and the Materials may not be used in connection with any commercial endeavors. No commercial business or not-for-profit organization may sign-up on the Website or use the Website or the Materials for any purpose, unless special permission to do so is obtained in writing from the Company. By using the Website and the Materials, you represent and warrant that you have the right, authority and capacity to abide by all of the terms and conditions set forth in these Terms and that you will abide by all of them.
You may not authorize others to use your membership account. As a member, you may not assign or otherwise transfer your membership to another person. You are responsible for logging out of your computer to prevent unauthorized access to information you may receive from the Company.
RESTRICTION OF ACCESS TO MINORS
This Website and the Materials may not be appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software or filtering services) are commercially available. We will not knowingly collect information from minors, as stated in our Privacy Policy. You are entirely responsible for your children's use of the Internet to access this Website and the Materials and to access any of our products and services.
NO PROFESSIONAL ADVICE RENDERED
In publishing this Website, Vilkri, Inc. is providing general educational information regarding personal finances. The Website is intended only to assist you in your financial organization and decision-making and is broad in scope.
Although the Company allows users to input personal financial information into the system and provides general feedback based on automated processes, the Company is not engaged in rendering individualized financial advice, nor does the Company provide any legal, accounting other professional services. Your personal financial situation is unique, and any information and advice obtained through the Website, including, but not limited to, any reports that may be generated for you, may not be appropriate for your particular situation.
Legal, tax, and financial planning concepts are complex, and it is impossible to describe or program for every rule or exception that may apply to every person. To make the content understandable to people, we have simplified our explanations. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
For personal legal, tax, or financial planning advice or expert assistance, you should seek the services of a competent legal, tax or financial planning professional.
SERVICE FEATURES
Some of the features of the Website and Materials may not be available to you. The Company, in its sole discretion, determines what features are available and may add or discontinue any features of the Website at any time or make certain Materials available or discontinue access to certain Materials at any time.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Website and the Materials, the Company, in its sole discretion, reserves the right at any time to block members from certain IP addresses from accessing the Website and the Materials.
TEXT-BASED INFORMATION
The reports generated by this Website are text-based. The nature of text-based financial information may make any information or statements imprecise. Vilkri, Inc. shall not be held responsible for any inaccurate information or statements, and you should verify the information and statements contained in any report yourself before acting on information and statements provided in the reports or otherwise on this Website.
FINANCIAL MODELS
Vilkri, Inc.'s system relies on financial models and assumptions about the future. In particular, Vilkri, Inc. cannot be held responsible for any inaccurate information or statements made as a result of the uncertainty inherent in assumptions regarding the future development of financial parameters, errors in any financial models and any other uncertainties relating to the correct way of developing financial models and making assumptions about future developments of financial parameters.
Vilkri, Inc. believes its content to be useful, reliable, and current, but accuracy or completeness is not guaranteed. Any providers whose data or calculation formulas and strategies (for example, formulas for calculating compound interest rates) we may use furnishes information to us without warranting its accuracy, and you agree that errors contained in such data for use in forming financial models shall not be the basis for any claim, demand, or cause of action against Vilkri, Inc. or any of its providers.
Although we try to keep up with changes in the law and tax codes and update our own content accordingly, Vilkri, Inc. does not undertake any responsibility to immediately update the content on this Website to reflect changes in the law or tax codes.
NO RELIANCE FOR TAX OR OTHER PURPOSES
You may not rely on this Website or the Materials for any defense to an Internal Revenue Service inquiry or audit. The information contained in this Website and the Materials and in our e-mail communications cannot be used, and are not intended to be used, for the purpose of avoiding any penalty that the Internal Revenue Service might assess against you for following any tax treatment we may have discussed in our content.
The Company will not be responsible for any action or failure to act in reliance upon the Website, the Materials or any third party website that may be accessible through a link on this Website. No information about financial matters included in this Website or the Materials, or any website to which this Website may be linked, should be construed as a prediction of future results.
VILKRI INC.'S ANALYSES
Vilkri, Inc. provides general information about financial products and services offered in the U.S. in its analysis. This information is either provided by vendors who contact Vilkri, Inc. or is the result of research we conduct or is otherwise collected from publicly available sources. Lists of products and services are not exhaustive, nor are any recommendations implied. While Vilkri, Inc. makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website or in the Materials.
RESPONSIBILITY FOR FINANCIAL DECISIONS
Each user is solely responsible for the outcome of his or her financial future. Users are free to choose their own professionals to assist in their financial planning. Vilkri, Inc. shall not be required to make any recommendations for any attorney, accountant, stockbroker, insurance broker or other service provider.
Vilkri, Inc. shall not be responsible for any financial decisions a user makes using the information reported on any webpage or other source of the Website or in the Materials, through third-party links or any other third party source. Any statement by Vilkri, Inc. regarding generalized financial issues should not be construed as a specific recommendation for the user to act in a certain way when making financial decisions, even when provided in connection with the user's data. For example, generalized recommendations regarding diversification into stocks or other financial products should not be construed as a recommendation for any particular stock or even that stocks are ultimately appropriate for the user. Nothing on this Website or in the Materials should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy or investment strategy. The information provided here should be used to guide further inquiry in consultation with licensed professionals.
Vilkri, Inc. cannot guarantee any results of your implementation of any generalized recommendations we may make concerning finances. Among other reasons we cannot provide a guarantee, market conditions are not constant, and not only can your financial situation change, but also your needs, goals and risk tolerance may change. Also, you may devote less time to implementing any financial strategy than is necessary to achieve the desired results or may selectively choose to focus on areas for financial planning that are not optimal to meet your desired goals.
You acknowledge that Vilkri, Inc. has made no representations to you concerning the outcome of your finances, including, but not limited to, any guaranteed amount available to you at retirement. Projections concerning your future financial situation are estimates only and should not be relied upon by you for any purpose.
Vilkri, Inc. recommends that you review your financial situation with a qualified financial professional periodically and be mindful of any fundamental change in your personal and financial situation, including, but not limited to, death of a relative and inheritance, divorce, illness and disability, the sale of a business and retirement.
Vilkri, Inc. has no continuing obligations to you, pursuant to this Agreement, once the service has been terminated or your membership has been cancelled.
CHANGES IN MARKET CONDITIONS
Vilkri, Inc. has no duty to advise users of changes in the law or market conditions that may affect a user's financial situation or re-analyze a user's information based on changes in the law or market conditions or otherwise. Users may receive periodic newsletters and other information from the Company, but such materials are sent as courtesies. Receiving such materials after the expiration or termination of this Agreement does not extend the term of this Agreement or extend the Company's obligations under this Agreement.
Your account with Vilkri, Inc. is for your personal use only and shall only be accessed by you. You agree not to allow anyone else to use your username and password without our express permission. Individual subscribers' access can be terminated, and Vilkri, Inc. reserves the right to discontinue your subscription at any time.
You are solely responsible for any and all activities that occur under your username and password. You should use caution when accessing your account from a public or shared computer or over an unsecured wireless network so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any automatic sign-in features that may be available through this Website, through your web-browser or otherwise.
You are solely responsible for maintaining the confidentiality of your password that you designate during the registration process. You agree to notify the Company immediately of any unauthorized use of your account, by or through the improper use of your password, or any other breach of security. You further agree to sign-out of your account at the end of each session to prevent unauthorized use of your account by others who may utilize the same computer. The Company will not be liable for your failure to comply with this provision.
LINKS AND REFERENCES TO THIRD PARTIES' PRODUCTS AND SERVICES
Vilkri, Inc. does not make any recommendations for specific third party financial products and does not directly sell any financial products. Links to access third party websites, outside of this Website, are provided for visitors' information and convenience only. Unless otherwise indicated, the companies operating such third party websites are not affiliated with the Company. Most links to third party websites will open in a new window or tab, except for Google advertisements; however, payment processing through PayPal (www.paypal.com) will generally not open in a new window or tab. The Company does not have any control over any of the content of such third party websites accessible through this Website, including, but not limited to, payment processing through PayPal, notwithstanding the presence of either our name or our logo appearing in connection with their websites.
This Website also contains descriptions of and references to financial products, services and firms. These references do not imply endorsement of those products, services or entities. It is the users' responsibility to evaluate the information, advice or other content available through the Website and any products, services or firms referenced here. Our inclusion of links to third parties' websites does not imply any association with these third party websites' operation or any endorsement or approval of the services, merchandise, materials or content available from or through these third parties' websites. When accessing third party websites, a user is obligated to become familiar with the user agreement and privacy policies of such websites.
The Company has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any merchant accessible through the Website. The Company may receive a fee for any purchases you make from third party merchants' websites accessible through this Website, including, but not limited to, any websites you access by clicking on any of the Google advertisements. Notwithstanding any remuneration we may receive, the Company is not responsible for your usage of, or failure to use, such third party merchants' products or services.
The Company cannot confirm that any particular third party merchant is who that merchant claims to be. The Company cannot confirm the truth or accuracy of any statements made by such third party merchants or control whether those merchants, who post statements through banners on this Website or otherwise, will act in accordance with those statements. The Company will not get involved in any dispute between users of this Website and any third party merchants whose products and services are accessible through this Website.
YOUR USE OF ANY THIRD PARTY PRODUCTS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. PLEASE CAREFULLY REVIEW THOSE PROVISIONS.
FEES AND REFUNDS
You may use portions of this Website without charge for as long as it is made available for your use without a fee. For other portions of the Website (or applicable services and features) you must pay the applicable fee to become a subscriber. This subscription may not be shared with others. Specific charges for membership services may be found in our Payments Policy section.
Vilkri, Inc. processes payments for events through PayPal. Any payments you make for membership services will be made through PayPal. PayPal has its own terms and conditions for usage, which can be viewed by visiting www.paypal.com.
All purchases you make are final, except as provided in the Payments Policy section of the Website, and any refunds made are as set forth in the Payments Policy section. Note that no refunds will be given if, for any reason, you violate the terms of service as outlined in these Terms.
Surcharges, if any, charged by PayPal will not be refunded to you, unless PayPal's policy so permits. Visit www.paypal.com for information on PayPal's refund policies.
The Company strives to avoid billing errors. However, if you believe that there has been a billing error, please contact the Company at Most billing matters can be resolved with little inconvenience and formality. Any disputes that cannot be informally resolved may be resolved as set forth in these Terms.
PUTTING YOUR MEMBERSHIP ON HOLD
If you want to put your subscription on hold, you may do so by clicking on the appropriate link under "My Account". Please visit the section of our Payments Policy entitled Putting Your Account on Hold for more information.
CANCELING YOUR MEMBERSHIP
If you no longer want to be a member after joining, you may cancel your subscription by clicking on appropriate link under "My Account". Please visit the section of our Payments Policy entitled Subscription Cancellation for more information.
YOUR INFORMATION IN OUR SYSTEM
Please note that removal from our active database may not result in complete removal of your information from our systems, as we reserve the right to preserve your information for any lawful purpose. We may retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce these Terms, take actions we deem necessary to protect the integrity of the Website, protect our users or take other actions as required or permitted by law.
Please also note that removal from our active database will not automatically result in removal of your information from any of our third party payment processors' databases or any third party's product or service that you may have accessed through this Website. To remove information from a third party's database, you will need to contact such third party directly. To remove information from PayPal's databases, you will need to contact PayPal directly; visit www.paypal.com for more information.
Please refer to our Privacy Policy for further information.
RESPECTING OUR INTELLECTUAL PROPERTY RIGHTS
You agree to respect the Company's intellectual property rights for the Website and the Materials. Please refer to the Legal Notices section of this Website for more information on our intellectual property rights.
RIGHTS YOU GIVE US TO USE YOUR INFORMATION AND IDEAS
All information and content you enter into this Website or otherwise provide to the Company, including, but not limited to, any ideas, feedback, suggestions and other creations by you for this Website (collectively, "Your Submissions") will continue to be yours; you will retain all intellectual property and other ownership rights in and to Your Submissions. However, you agree to provide to the Company (and its successors and assigns) a license for Your Submissions as set forth below. Please note, however, that you will not become a recognized contributor to our Website by making such submissions. Recognition of Your Submissions is solely at our discretion and except as required by our Privacy Policy, the Company has no obligation to keep Your Submissions confidential.
For all of Your Submissions, you grant the Company (and its successors and assigns) a non-exclusive, world-wide, irrevocable, fully paid, royalty free, perpetual license (with the right to sublicense through multiple tiers) in and to all rights you have in and to Your Submissions, including, but not limited to, the rights to use, copy, transmit, publish, promote, publicly display, publicly perform, adapt, modify, create compilations and derivative works of, and distribute Your Submissions directly or in connection with the Website and the Materials and any products and services offered by the Company or any of its licensees or sublicensees. Such license shall apply with respect to any form, media or technology now known or later developed.
You are free to license Your Submissions to anyone else in addition to us, provided that you do not provide such persons or entities an exclusive license for Your Submissions. This license will last forever, even after you have terminated your membership or other interaction with the Company. The Company does not have to pay you for the use of Your Submissions now or in the future.
In connection with the rights granted by you to the Company as set forth above, you represent and warrant to the Company that you own your Submissions or otherwise have the right to make this grant of this license and that the submission of Your Submissions and the grant of this license will not infringe or violate the rights of any third party, including, but not limited to, contract rights, the rights of privacy or publicity or copyrights or other intellectual property rights. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of the submission of Your Submissions to or through this Website.
IF YOU DO NOT WANT THE COMPANY TO BE ABLE TO USE YOUR SUBMISSIONS, DO NOT PROVIDE YOUR SUBMISSIONS TO THE COMPANY.
If you believe that Your Submissions in which you have a valid copyright interest are being misused, you may have certain rights provided by law. See the section entitled Digital Millennium Copyright Act found in our Legal Notices section of this Website.
For more information about our rights to use Your Submissions and our intellectual property rights in and to this Website and the Materials, please review our Legal Notices section.
LEGAL NOTICES AND PRIVACY POLICY
You agree to be bound by all the terms set forth in the Legal Notices, Privacy Policy and Payments Policy sections of this Website.
You agree that you will not use this Website or the Materials or any of our products and services, including, but not limited to, any report generated by the Website, to:
- Upload, post, email, otherwise transmit, or post links to any content, or select any user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including, but not limited to, posting instructions to commit illegal acts;
- Upload, post, email, otherwise transmit, or post links to any content that exploits the images of minors, or that discloses personally identifying information belonging to minors; make any sexual request on behalf of a minor or make any sexual request of a minor; or harm minors in any other way;
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized mass mailing, advertising, promotional materials, "junk mail," "spam," "spim" "chain letters," "pyramid schemes," or any other form of solicitation through this Website, to the Company or to any of the Company's patrons;
- Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other intellectual property or proprietary rights of the Company or of any other party, or that contributes to inducing or facilitating such infringement, including, but not limited to, software piracy;
- Upload, post, email, otherwise transmit, or post links to any content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of this Website or any of the Company's and our patrons' hardware or software;
- Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or are prohibited from so transmitting under contractual or fiduciary relationships;
- Remove any copyright, trademark or other intellectual property or proprietary rights contained on this Website or the Materials;
- Use automated means, including scripts, spiders, robots, crawlers, or the like to download data from any of the Company's databases or any of our patrons' databases or send comments or messages through the Website;
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including, but not limited to, emails, transmitted through this Website, to the Company or to any of the Company's patrons;
- Collect or store personally identifying information about our patrons for commercial or unlawful purposes; or display any advertisement on your profile or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Website, including, but not limited to, posting blogs with a commercial purpose;
- Utilize this Website and the Materials if you are under 18 year of age or if you are otherwise for any reason ineligible to so utilize the Website and the Materials;
- Impersonate any person or entity, including, but not limited to, a representative of the Company; or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, the Company;
- Interfere with or disrupt the servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
- Purchase or use any products or services, including, but not limited to, membership services, that you are prohibited from using, purchasing or possessing by any law applicable to you in the United States or in your jurisdiction, if you reside outside the United States or otherwise access the products and services outside of the United States;
- Act in an abusive, obscene, profane, sexist, threatening, harassing, racially offensive or other inappropriate manner with any of the Company's representatives; or disobey any of the Company's representatives or interfere with any action by any of our representatives to redress any violation of these Terms;
- "Frame" or "mirror" any part of the Website or Materials without the Company's prior written authorization;
- Use any meta-tags or code or other devices containing any reference to the Company or the Website and Materials in order to direct any person to any other website or service for any purpose;
- Advertise, offer for sale, or sell any of the following items, through this Website, to the Company or to any of the Company's patrons:
- Any firearms, explosives or weapons;
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;
- Any alcoholic beverages;
- Any tobacco products for human consumption, including, but not limited to, cigarettes and cigars;
- Any sexual act; or any escort services;
- Any events, concerts, performances or parties, whether or not such activities are free of charge;
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or that are harmful to minors;
- Any controlled substances or pharmaceuticals;
- Any items that are counterfeit or stolen;
- Any dangerous items;
- Any goods or services that do not exist;
- Any registered or unregistered securities;
- Any sweepstakes or contest;
- Any items that violate or infringe the Company's or any other party's rights; and
- Any items that you do not have the legal right to sell;
- Behave inappropriately on-line or off-line with any of our representatives or customers;
- Upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking; or hack into the Company's databases or administration features or any of the Company's or its members' accounts or email accounts;
- Copy, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause others to do so, including, but not limited to, the content, interactive features, tools, or technology of the Website in any format without an express written license from Vilkri, Inc.;
- Solicit passwords or personally identifying information for commercial, unlawful or otherwise improper purposes from other users; and
- Access the Website and Materials or purchase or use any of our products and services, including, but not limited to, a membership, after access to the Website, the Materials and any of our products and services has been terminated by us for violations of these Terms or any of our other policies.
Should you violate these Terms or any other of the Company's policies, the Company reserves the right to pursue any and all legal and equitable remedies against you, including, but not limited to, discontinuing service to you and recovering through legal proceedings damages that you have caused the Company. The Company is not required to give you any notice prior to pursuing such remedies except as may be required by law.
If you are aware of any violations of these Terms by any of our users, please write to us at put in the subject line "Report Violation of Company's Policies." The Company will endeavor to investigate the alleged abuse issue; the Company will determine in its sole discretion how to respond to complaints against any member, except as may be required by law.
RESPONSE TIME
The Company makes reasonable efforts to respond to questions, requests and other inquiries from members. The Company shall have no liability for failure to respond within any specific period or otherwise, except as may be required by law.
NO RESPONSIBILITY FOR COMPUTER MALFUNCTIONS AND SERVICE INTERRUPTIONS
We use a proprietary system to capture and analyze data users provide. Vilkri, Inc. is not responsible for any computer software failures or malfunctions, including, but not limited to, miscalculations resulting from programming errors. The Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Vilkri, Inc. cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
GOVERNING LAW
The law governing these Terms shall be that of the State of New Jersey located in the United States, without regard to conflicts of law principles.
When you utilize this Website and the Materials, you agree that, for all purposes connected with this Website and the Materials, you are interacting with a United States company. The Company does not intend to be bound by any jurisdiction's laws outside of the United States. Laws in the United States may be more or less protective than the laws of your country, if you are located outside of the United States. Please refer to the sections entitled For Personal Use Only, Export Controls, Complaints And Disputes, and Limitations On Liability for more information on the application of United States law to the Company's activities, including, but not limited to, providing the Website and Materials to you.
EXPORT CONTROLS
This Website and the Materials are further subject to United States export controls. The Website and the Materials may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading information from or otherwise using the Website and Materials is at your sole risk.
INDEMNIFICATION
By using the Website and the Materials, purchasing or using any products or services provided to you by the Company or submitting any of Your Submissions to the Company, you agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys' fees, costs, penalties or injuries incurred by the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives arising from your use of the Website and the Materials; your membership; your use of the reports generated by our system based on the information you input; your purchase or use of any other products or services provided to you by the Company; your submission of Your Submissions to the Company; or a breach of these Terms, including, but not limited to, any of your representations and warranties.
RELEASE
You hereby agree to release the Company and its parents, subsidiaries, affiliates, successors and assigns, and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys' fees, costs, penalties or injuries of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any or all of them arising out of or in any way related to your use of the Website and Materials, your membership; your use of the reports generated by our system based on the data you input; or your purchase or use of any other products and services provided to you by the Company; or your submission of Your Submissions to the Company.
TECHNICAL FAILURES
The Company is not responsible for any (1) technical failures, malfunctions, traffic congestion on the Internet or other problems you may encounter in connection with your usage of the Website and the Materials, including, but not limited to, any email problems; any problems with telephone network or lines, any wireless system, any cable connection or other connection allowing access to the Website and the Materials; any problems with computer networks, servers or providers used to access the Website and the Materials; or any problems with computer equipment or software; (2) any damages resulting from any of the foregoing, including, but not limited to death, bodily injury, emotional distress or property damage to users or to computers used by such users as a result of accessing the Website and the Materials.
LIMITATION OF ACTIONS
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, OR RELATING TO, YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPORTS GENERATED BY THE WEBSITE BASED ON YOUR PERSONAL FINANCIAL INFORMATION OR YOUR MEMBERSHIP ENABLING YOU TO UPLOAD YOUR PERSONAL FINANCIAL INFORMATION, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
NO WARRANTIES
VILKRI, INC. PROVIDES THE WEBSITE AND THE MATERIALS ON A STRICTLY "AS IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (IN CONNECTION WITH THE WEBSITE AND THE MATERIALS, IN ANY COMMUNICATION WITH THE COMPANY OR ITS REPRESENTATIVES , ANY WEBSITE WHICH MAY BE ACCESSED BY A LINK FROM THIS WEBSITE AND ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THE REPORTS GENERATED BY THE WEBSITE THAT INCLUDE COMMENTARY ON ANY FINANCIAL DATA YOU HAVE INPUT INTO THE SYSTEM), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE EXTENT ANY STATUTORILY MANDATED WARRANTIES MAY BE DISCLAIMED, VILKRI, INC. INTENDS HEREBY TO DISCLAIM ANY AND ALL OF THEM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF USE OR SUBSCRIPTION, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
USERS ACKNOWLEDGE THAT ANY RELIANCE ON REPRESENTATIONS AND WARRANTIES PROVIDED BY ANY THIRD PARTY SHALL BE AT THEIR OWN RISK.
THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THIS WEBSITE.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE AND MATERIALS AND THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO GUARANTEES OF ANY SPECIFIC RESULTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION OR WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY, AVAILABILITY, ACCURACY, TIMELINESS AND COMPLETENESS.
THE WEBSITE AND MATERIALS ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT VILKRI, INC. AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, TAX OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE, TAX ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. VILRKI, INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE AND MATERIALS WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
LIMITATIONS ON LIABILITY
THE COMPANY'S LIABILITY IS LIMITED IN RESPECT OF YOUR USE OF THIS WEBSITE AND THE MATERIALS AND IN RESPECT OF ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL FINANCIAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO UPLOAD YOUR PERSONAL FINANCIAL INFORMATION. UNLESS THE JURISDICTION IN WHICH YOU RESIDE LIMITS THE COMPANY'S ABILITY TO LIMIT ITS LIABILITY, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, FAILURE OF INVESTMENTS, REDUCTION IN ASSETS, LOST PROFITS OR LOSS OF BUSINESS, ARISING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL FINANCIAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO UPLOAD YOUR PERSONAL FINANCIAL INFORMATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT THE COMPANY HAS NO INTENTION TO BE BOUND BY LAWS OUTSIDE OF THE UNITED STATES AND AGREE THAT NO LAW OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES SHALL HAVE ANY APPLICATION TO YOUR USE OF THE WEBSITE AND THE MATERIALS OR YOUR USE OF ANY OF OUR PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL FINANCIAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO UPLOAD YOUR PERSONAL FINANCIAL INFORMATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF THE COMPANY'S PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL FINANCIAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO UPLOAD YOUR PERSONAL FINANCIAL INFORMATION.
THESE LIMITATIONS WILL ALSO APPLY TO ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, ANY OF THE USER'S HEIRS CLAIMING RIGHTS DERIVED FROM THE USER'S RIGHTS.
COMPLAINTS AND DISPUTES
To resolve a complaint regarding your usage of the Website and Materials, you should first contact our Customer Service Department. You may write to us at and put in the subject line "Complaint", except that matters involving abuses by or members should be reported to and put in the subject line "Report Violation of Company's Policies." For more information about reporting abuse, see the section above entitled Prohibited Conduct.
For any complaints between you and the Company that cannot be resolved through an informal complaint resolution process or other disputes that you may have with the Company, you and the Company agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey, Bergen County and/or the U.S. District Court for District of New Jersey for any disputes arising hereunder, except as otherwise set forth below. You and the Company hereby waive any objection they may now or hereafter have as to the venue of any such suit, action or proceeding brought in such court or that such court is an inconvenient forum.
Unless the Company consents, no claim may be brought as class action, combined or consolidated with any other proceeding, nor may any claim be pursued in a representative capacity or on behalf of a class.
HEADINGS
The headings in these Terms are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms or any of the obligations set forth in them. The singular shall include the plural, and vice versa, as the context requires.
NO WAIVER
The failure of the Company to enforce at any time any of the provisions of these Terms, or to require at any time performance by you or any other patron of any of its provisions, shall in no way be construed to be a waiver of any such provision or the right of the Company to enforce each and every provision in accordance with the Terms. The waiver by the Company of any of the provisions of the Terms shall not operate or be construed as a waiver of any subsequent breach. No provision of these Terms may be waived by the Company unless in writing.
SEVERABILITY
The invalidity of all or any part of any provision of these Terms shall not render invalid the remainder of such provision or any other provision of these Terms. If any provision of these Terms is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.
SURVIVING PROVISIONS AFTER TERMINATION OR CANCELLATION
Any provisions set forth in these Terms, which, by their very nature extend beyond the termination or cancellation of your membership, removal from our mailing list or the conclusion of your use of the Website and Materials, shall survive such termination, cancellation or conclusion. These include, but are not limited to, your grant of rights to the Company to use Your Submissions, provisions concerning indemnification, disclaimers of warranties and limitations on liability.
ASSIGNS
You may not assign your rights or delegate your duties under these Terms to anyone else. The Company may assign its rights or delegate its duties to any person or entity at any time. These Terms shall inure to the benefit of, and be binding upon, yours and the Company's successors and permitted assigns.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there are no third party beneficiaries to this Agreement between you and the Company.
OBTAINING A COPY OF THESE TERMS
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. However, you have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to and put in the subject line "Request Copy of Terms" or send a letter and self-addressed stamped envelope to: Vilkri, Inc., 52 Glen Road, Woodcliff Lake, NJ 07677.
FUTURE CHANGES TO THESE TERMS
The Company reserves the right to update and revise these Terms at any time. You can determine if these Terms have been revised by referring to the "Last Updated" date at the top of this page, or if you write to us at and put in the subject line "Changes To Terms", the Company will inform you by email each time the Terms are updated. Your use of this Website and the Materials constitutes your acceptance of these Terms as amended or revised by the Company. The Company recommends that you review the Terms regularly to ensure that you are aware of the terms and conditions of your usage of this Website and the Materials and all products and services available from the Company.
VOID WHERE PROHIBITED
Your use of the Website and Materials and any of the Company's products and services, including, but not limited to, your membership, is void where prohibited.
ENTIRE AGREEMENT
These Terms, accepted upon your use of the Website and the Materials or otherwise upon your use of any of the Company's products and services contain the entire agreement between you and the Company regarding your use of the Website and the Materials and the use of products and services from the Company, including, but not limited to, your membership
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVSIONS CONTAINED ABOVE.
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