Legal Stuff

Disclaimer

Last updated on March 6, 2021

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to FeeTelligence, LLC, 14320 Jarrettsville Pike, Suite 116, Phoenix, MD 21131.

- Service refers to the Website or the Application or both.

- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

- Website refers to FeeMetri(k)s, accessible from https://www.feemetriks.com.

- Application means the software program named FeeMetri(k)s provided by the Company accessed by You on any electronic device.

Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. This Disclaimer has been created with the help of the Disclaimer Generator.

The Company does not warrant that the Service is free of viruses or other harmful components.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

This program is designed to assist your plan or your clients in evaluating the reasonableness of the fees that are charged for their employer-sponsored retirement plan.  The information shown by the Service is based upon input provided by the plan sponsor and/or their retirement plan advisor and this information has been used in developing the information contained in the Service. The Company is not responsible for verifying the accuracy of the information provided by the plan sponsor and/or advisor and the use of this information in developing the information contained in the Service does not constitute an endorsement by the Company of the accuracy or reasonableness of such information. The information provided in this Service is for informational purposes.  It does not constitute investment advice and is not a recommendation or offer of any particular security, strategy or investment product nor does it constitute a recommendation of any particular plan service provider.  The plan sponsor and/or advisor should determine whether the selection of a particular investment, plan service or plan service provider is prudent for their plan or should seek professional advice in making that determination.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

The Company is not a fiduciary, nor is the Service a fiduciary act, as defined by ERISA.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions about this Disclaimer, You can contact us:

By email: https://www.feemetriks.com.

By visiting this page on our website: https://www.feemetriks.com/contact.

Privacy Policy

Last updated March 6, 2021

The protection and privacy of your data, including personal data, is very important to FeeTelligence, LLC ("us", "we", "our", or “FeeMetri(k)s”). This Privacy Policy discloses our privacy practices and the possible uses of the information that we gather on https://www.feemetriks.com/ (the "Site") or which you otherwise submit to us as part of our platform or service (collectively our "Services").

Consent

By using the Site or Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Services, and in some instances, this may necessitate the revocation of your subscription.

Consent to Our Terms and Conditions

This Privacy Policy is part of our Terms and Conditions, and all other terms of using our Site or Services. Please also visit our Terms and Conditions establishing your consent to the use, disclaimers, and limitations of liability governing the use of the Site or Services.

Access

FeeMetri(k)s may assign you a user ID and a password when you as part of your participation and access to the Services. Your user ID and password may only be used by you. You may not share your user ID and password with anyone else and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password.

Personal Information

"Personal Information" refers to information that tells us specifically who you are, such as your name and email.

By voluntarily providing us with Personal Information you are consenting to our use of your Personal Information in accordance with this Privacy Policy. If you provide Personal Information, your Personal Information and all data related to the Service will be stored within the United States. By using the Service, you consent to the transfer to and storage of your Personal Information within the United States.

Information Collected

FeeMetri(k)s collects Personal Information in various ways, such as, by your voluntary submissions, through use of the Services, from third parties with your consent, and through cookie and other tracking technology. FeeMetri(k)s collects the following information:

Submission of Information

  • We collect your Personal Information that you voluntarily provide as part of your use of or the registration process for your use of the Site and Services. This Personal Information is limited to your name, email address, telephone number, title, company name, company EIN, company logo file, and the names and email addresses of those employees you set up as users of the system. We DO NOT have access to the password you create. We will not sell your Personal Information to any third party. We would only share it under circumstances outlined in the "How Information is Shared" section below.
  • We also collect user submitted financial information you submit through our platform or Services including 408(b)(2) statements or other relevant financial documents of your company if you are a plan sponsor or third-party customers if you are an advisor ("User Submitted Content"). FeeTelligence, LLC takes security of this data very seriously. 
  • We do not collect or store billing information directly. We use Stripe, Inc., a third-party billing processor which collects and stores your billing information and processes payments for the Services. You can review Stripe's privacy policy here: https://stripe.com/privacy-center/legal.   We also use Outseta LLC to manage our subscription process. You can review Outseta's privacy policy here: https://www.outseta.com/privacy-policy

Usage Information

  • We also use Google Analytics which collects various actions when you are on our Site or use the Services. We may also collect general, non-personal, statistical information about the use of the Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on.

Cookies

  • FeeTelligence may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to and use of the Site. The use of cookies helps us improve the quality of the Services we provide to you, by identifying information which is most interesting to you or storing information you may want to retrieve on a regular basis. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

Do Not Track signals

  • Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, this Website is not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.

How We Use the Information

We use the information we collect for: (1) personalizing your experience; (2) communication and marketing; (3) research and development of features and products; (4) safety and security; (5) legal rights and business interest; and (6) where you provide consent for a specific purpose. How we use the information we collect also depends in part on which Standard Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the Personal Information we collect about you.

  1. To provide the Site and Services and personalize your experience: We use Personal Information to provide a more personalized experience, authenticate you or your device when you log in, to provide customer support and to operate and maintain the Services.
  2. Communication: We use your Personal Information to send certain communications via email, including responding to your comments, questions and requests, providing customer support, and sending you technical notices or updates, security alerts, and administrative messages.

We use Outseta LLC to collect emails, manage email subscriber lists and to send emails to our subscribers. When you provide your email or additional information when signing up for our newsletters such Personal Information is sent directly to Outseta. You can read Outseta’s privacy policy here: https://www.outseta.com/privacy-policy

  1. You can control whether you want to receive these communications by opting-out whenever you receive such a communication from FeeTelligence by using the included opt-out link in any such communication.
  2. For research and development: We are always looking for ways to make our Site and Services smarter, faster, better integrated, more secure and useful to you. We use collective learnings about how people use our Site and Services and feedback provided to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement.
  3. For safety and security: We use information about you and your use of the Site and Services to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of our policies.
  4. To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
  5. With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above.  For example, we may publish testimonials or featured customer stories with your permission.

How Information is Shared

Note - This section describes Personal Information pertaining to subscribers (i.e. firms using FeeMetri(k)s). User Submitted Content, (e.g. retirement plan fee information from sources such as 408(b)(2) notices, other financial information and/or plan documents) will never be disclosed to any outside party unless we are compelled to do so by law, regulation, subpoena, or government request in connection with litigation.

We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:

  • We have your permission;
  • The disclosure assists in fulfilling the purpose for which the personal information was obtained;
  • The Personal Information to be disclosed is otherwise publicly available through no fault of FeeMetri(k)s;
  • The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
  • The disclosure is for our own marketing purposes; or
  • The disclosure is to outside businesses to perform certain services for us, such as maintaining our Services, mailing lists, data analysis, processing orders, and delivering the Services.

The disclosure is, in our sole discretion, desirable for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation.

We may also disclose aggregate visitor data in order to describe the use of the Services to our existing or potential business partners or other third parties, or in response to a government request.

Security Measures

We use various service providers to host the Site, host the technology used to provide the Services and store and secure the data we collect. We ensure a variety of security measures are implemented by such service providers, including firewalls, Secure Socket Layer (SSL) technology, encryption and authentication tools, to help protect your information.

Specifically, the following service providers are used for the Site and Services:

Third Party Websites and Links

Our Site and Services do not currently contain any third-party links. In the future we may add or the Site and Services may contain links to other sites operated by third parties. FeeMetri(k)s does not control such other sites and is not responsible for their content, their privacy policies, or their use of any information. FeeMetri(k)s does not support or endorse any third party unless FeeMetri(k)s expressly states such support or endorsement. Any information submitted by you to these third parties is subject to that third party's privacy policy. In addition, if you click on links, which take you to third party websites, you may be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, FeeMetri(k)s expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

Personal Rights

You are, as data-owner and user of the Site and Service, entitled to (i) access your Personal Information and be informed about the way in which your information is treated, (ii) rectify your Personal Information in case it is not up-to-date, it is inaccurate or incomplete, (iii) ask for your data to be removed if you consider that it is not used in accordance with the applicable principles, duties and obligations, and (iv) object to the processing of your Personal Information for specific purposes. These rights are known as "Personal Rights".

How to Exercise Your Personal Rights

If you decide to exercise your Personal Rights, your request should be emailed to support@feemetriks.com, together with the following information and documentation:

  • Your ID information and, if applicable, the information of your legal representative. For legal representative, please attach a copy of his/her power-of-attorney.
  • A clear and precise description of the Personal Information about which the Personal Rights are to be exercised, as well as the right or rights that are to be exercised.
  • An address where you desire to hear and receive FeeMetri(k)s' response and any future communications and/or notifications, or, in its case, your desire to receive our response and/or future notifications or responses via email, providing us with your email address.
  • If you prefer to correspond via email, you must expressly state your desire to receive FeeMetri(k)s' response through an email communication, specifying the corresponding email address.

FeeMetri(k)s will issue a response within a timely manner following receipt of your request, which will be informed to you using your selected method. Once you receive our response you will have a 20-business day period to respond to our communication. In the event you need to speak with us or in the event you disagree with our response please contact us at support@feemetriks.com along with a phone number for us to reach you, in order for FeeMetri(k)s to discuss with you any issue. In case you do not reply to our response within the before mentioned period we will understand in good faith that you agree with our conclusion.

If your request refers to your right to access data, FeeMetri(k)s will provide you with copies of the information.

FeeMetri(k)s refuse the exercise of your Personal Rights in instances permitted by the laws and regulations of the Territories which are applicable to your use and shall inform you about such decision. The refusal may be partial, in which case FeeMetri(k)s will carry out the access, rectification, cancellation, deletion, or objection in the corresponding part.

Revocation of Your Consent to The Treatment of Personal Information

You, as data-owner, can revoke your consent to the treatment of your Personal Information in accordance with the procedure set forth above “How to Exercise your Personal Rights”, in the understanding that once we receive your request to revoke your consent we will issue our response within a five-day period.

Children's Privacy

As set forth in the Terms of Use, the Site and Services are not to be used and are not intended for use by individuals under the age of 18.

Governing Law

This Privacy Policy and the privacy practices of FeeMetri(k)s will be subject exclusively to the laws of the state of Maryland, without reference to its choice of law provisions.

Changes to Privacy Policy

FeeMetri(k)s may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Services and you are bound by such changes. Your use of the Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.

How to Contact Us

All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact us at the following: support@feemetriks.com.


Terms of Service

Last updated on March 6, 2021

By accepting the Terms, or accessing or using the Service you agree to be bound by these Terms and if you are part of a company or advisory firm, you agree your company or advisory firm is to be bound by these Terms. These Terms apply to all visitors and other users who wish to access or use the Service. You may not use the Service if you are not a United States resident and at least 18 years of age or older. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Service.

No Tax, Financial or Fiduciary Advice

YOU ACKNOWLEDGE AND AGREE THAT FEEMETRI(K)S IS NOT A FINANCIAL BROKER OR TAX ADVISOR, AND THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FEEMETRI(K)S, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICE, WILL OR SHALL CONSTITUTE FINANCIAL, TAX OR FIDUCIARY ADVICE. WHILE THE SERVICE MAY PROVIDE SIGNIFICANT ASSISTANCE IN HELPING MAKE FINANCIAL DECISIONS, AND REGARDLESS OF HOW ANY INFORMATION OR MATERIAL IS DESCRIBED AT THE TIME IT IS PROVIDED TO YOU, SUCH INFORMATION OR MATERIAL IS PROVIDED TO YOU SOLELY AS A CONVENIENCE AND FOR INFORMATIONAL PURPOSES. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL FINANCIAL ADVICE MADE BY YOU FOR YOURSELF OR FOR ANY THIRD-PARTY CLIENT, WHETHER MADE AS A RESULT OF OR WHILE USING THE SERVICE OR OTHERWISE. FEEMETRI(K)S SHALL NOT BE RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY FINANCIAL, TAX OR FIDUCIARY ADVICE MADE BY YOU FOR ANY FINANCIAL, FIDUCIARY, TAXATION OR OTHER MATTER, OR FOR THE INACCURACY OR LACK OF COMPLETENESS OF THE DATA OR INFORMATION A THIRD PARTY OR CLIENT PROVIDED TO YOU, REGARDLESS OF WHETHER YOU RELIED OR NOT ON SUCH ADVICE, NOR SHALL FEEMETRI(K)S BE RESPONSIBLE AND HELD LIABLE FOR ANY ADVICE GIVEN OR RECOMMENDATIONS MADE BY YOU OR FOR THE INACCURACY OR LACK OF COMPLETENESS OF THE DATA OR INFORMATION PROVIDED TO YOU, WHETHER YOU RELIED OR NOT ON SUCH ADVICE. FEEMETRI(K)S AND CONTENT PROVIDERS SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933 OR ANY OTHER APPLICABLE LAW OR A FIDUCIARY UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA). THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Authorization to Analyze and Retain Financial Information

FeeMetri(k)s acts as your or your client’s authorized agent to store and analyze plan and financial information from financial documents, including plan documents, in order to provide the Service. FeeMetri(k)s retains all such information into one easy-to-use platform that displays your or your client’s plan information. Your use of the Service acknowledges your consent to upload and retain such financial and plan information and is a representation that you have the consent and authorization from your client to have FeeMetri(k)s retain your client’s financial and plan information.

Client Consent and Approval

You confirm and represent to FeeMetri(k)s that you have entered into an agreement with your client granting you the right and ability to have their financial information, including plan documents, stored and analyzed by FeeMetri(k)s. You shall not attempt to order or use the Service on behalf of a client unless the client has provided you with such consent. Such agreement does not need to be specific to FeeMetri(k)s, but must be broad enough to provide authority for FeeMetri(k)s to store and analyze such financial information.

Account Registration

1. When you register, it is a condition of your use of the Service that you provide FeeMetri(k)s current, complete and accurate registration information. You must keep this information updated during the Subscription Term.

2. FeeMetri(k)s reserves the right, in its sole discretion, to refuse any registration without any reason, obligation, and liability to you or to any other party.

3. You may not have more than one active FeeMetri(k)s account without approval from FeeMetri(k)s.

4. You agree to immediately notify FeeMetri(k)s of any unauthorized use of your FeeMetri(k)s Account.

5. Upon completion of the registration process, you will have created a password for access to the Service.

a) You agree (i) not to access and use the Service by any means other than through your FeeMetri(k)s Account, password and interface provided by FeeMetri(k)s for accessing the same; and (ii) to keep in strict confidence and not share with any non-authorized third party the non-transferable account information, login-in ID and password provided to you by FeeMetri(k)s or that you may have created.

b) You agree that you are solely responsible for (a) keeping your access credentials safe and secure; (b) preventing unauthorized access to those access credentials; (c) keeping your FeeMetri(k)s Account information confidential; (d) maintaining appropriate anti-virus and anti-malware software on your computer and devices; and (e) complying with all third party credential requirements when accessing and using third party products and services.

c) Any communications received through your email were sent or authorized by you. If your credentials or your third-party credentials are compromised for any reason, you must change your password, and you must contact FeeMetri(k)s or the third-party supplier if you become aware of any unauthorized access to your account.

d) You agree that FeeMetri(k)s and its suppliers are not responsible for the security of your credentials or your third-party credentials.

e) FeeMetri(k)s and its respective suppliers have no liability for any loss, claim, or other damages that result from unreported, unauthorized use of such credentials.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew in accordance with these Terms unless you cancel it or FeeMetri(k)s cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FeeMetri(k)s customer support team at support@feemetriks.com.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide FeeMetri(k)s with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize FeeMetri(k)s to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FeeMetri(k)s will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle as indicated on the invoice.

Fee Changes

FeeMetri(k)s, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

FeeMetri(k)s will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for a Subscription may be considered by FeeMetri(k)s on a case-by-case basis and if granted such grant is based on the sole determination and discretion of FeeMetri(k)s.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of FeeMetri(k)s and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any other product or service without the prior written consent of FeeMetri(k)s. You acknowledge and agree that all rights, title, and interest in and to the Service and any features, updates, and upgrades to the Services based on your feedback are owned by and shall remain the exclusive property of FeeMetri(k)s and its suppliers, except for the limited license rights granted to you in these Terms. FeeMetri(k)s has the exclusive right to apply for or register any patents, copyrights, trademarks, and any other intellectual property rights protections with respect thereto. Nothing in this Agreement shall, or shall be deemed to, transfer or assign, any right, title or interest in or to any of FeeMetri(k)s’ intellectual property rights related to the Service. All goodwill arising out of any use of the FeeMetri(k)s trademarks by you, if any, shall inure solely to the benefit of FeeMetri(k)s.

License

1. Subject to these Terms and your compliance with these Terms, and in consideration of the payment of the Subscription fee, FeeMetri(k)s hereby grants to you, during your Subscription term, a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to support your permitted use of the Services.

2. Except for the licenses granted herein, FeeMetri(k)s grants to you no express or implied license or other right under any patent, copyright, trademark, know-how or other intellectual property rights. FeeMetri(k)s reserves all rights not expressly granted.

License Restrictions

1. You agree not to (and not to allow any third party to):

a) use the Service for any reason or manner, other than as permitted under these Terms;

b) lease, license, sublicense, rent, distribute, sell, or resell the right to use or access the Service or any part thereof;

c) allow your license or the output generated from this license to be used by any other party to provide services to clients, unless that other party has a license from FeeMetri(k)s to use the Service;

d) infringe or misappropriate any intellectual property right, contract or tort right of any person or third party;

e) use any device, software or routine to interfere with or disrupt the proper functioning of the Service, our website, or any part thereof;

f) engage in any unacceptable or unlawful use of the Service including to (i) attempt to gain unauthorized access to the Service; (ii) create a false identity or to otherwise attempt to mislead us or any person on the identity or origin of any account or communication; (iii) harvest, collect, otherwise handle or permit others to do the same, without obtaining the proper consents in breach of any privacy or any other applicable laws;

g) reproduce, duplicate, republish, copy, reformat, display, reverse engineer, reverse assemble, in any form or by any means any part of the Service, including the layout or look-and-feel of our website, any materials retrieved therefrom and the underlying HTML code, except where such restriction is expressly prohibited by law;

h) modify, translate, or create derivative works based on the Service;

i) obfuscate, remove or alter any of the proprietary notices or legends or other notices or markings on or in any of the Service;

j) store FeeMetri(k)s’ materials in any storage and retrieval system without the prior written permission from FeeMetri(k)s; or

k) interfere with or damage the Service, including, without limitation, disseminate, store or transmit viruses, trojan horses or any other malicious code or program.

2. FeeMetri(k)s has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FeeMetri(k)s may access, preserve and disclose any of your information if FeeMetri(k)s is required to do so by law, or if FeeMetri(k)s believes in good faith that it is reasonably necessary to (i) respond to claims asserted against FeeMetri(k)s, or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer FeeMetri(k)s agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of FeeMetri(k)s, its users, or members of the public.

3. You acknowledge and agree that FeeMetri(k)s has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

Privacy Policy and Disclosure Statement

1. FeeMetri(k)s is committed to helping you safeguard your privacy online.

2. You must review (i) FeeMetri(k)s’ Privacy Policy located at https://www.feemetriks.com/privacy (the “Privacy Policy”) for details on how FeeMetri(k)s collects, use and shares your information.

3. The Privacy Policy is incorporated herein by this reference, and by using the Service, you are accepting the terms of the Privacy Policy.

Account Information from Third Party Sites

You may direct FeeMetri(k)s to retrieve your information maintained online by third parties with which you have a customer or end-user relationship (“Account Information”). This Section only applies if you provide FeeMetri(k)s with your account credentials to access your account, retrieve such Account Information, and process such Account Information on your behalf. FeeMetri(k)s does not review the Account Information for accuracy, legality or non-infringement. FeeMetri(k)s is not responsible for the Account Information, products, or services offered by or available on these third-party sites. By providing us your account credentials and access to your Account Information, you expressly authorize FeeMetri(k)s to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.

FeeMetri(k)s 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 with such third sites. FeeMetri(k)s cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, FeeMetri(k)s may retrieve data from your customer relationship manager (“CRM”) account to update or augment your CRM data for your use in your customer acquisition and support efforts. However, Account Information is only as fresh as the time accessed by FeeMetri(k)s, which reflects when the information is obtained from such third-party sites. You are responsible for updating access information to any such third-party sites.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by FeeMetri(k)s.

FeeMetri(k)s has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FeeMetri(k)s 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 such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Effects of Termination

1. Upon termination or expiration of your account, for any reason, all licenses granted by FeeMetri(k)s will immediately cease.

2. Upon termination or expiration, you will lose access to the Service including your FeeMetri(k)s Account, data, files and other information stored by FeeMetri(k)s or on its behalf. Upon such termination, FeeMetri(k)s retains the right, in its sole discretion:

a) to provide you access to, and the ability to export your content for a commercially reasonable period of time at FeeMetri(k)s’ then-current rates for the related services;

b) to the extent legally permissible, FeeMetri(k)s may elect, in its sole discretion, to permanently delete from its database all files, content and other material or information associated with your account without notice to you; you hereby agrees to such deletion and agree that FeeMetri(k)s shall have no obligation and liability whatsoever to you and any other party for such deletion under these Terms;

c) without limiting the foregoing, FeeMetri(k)s may keep your material or information as required by law or pursuant to any order from a court.

3. Upon request, you will return or destroy, and you shall cause to be returned or destroyed all confidential information provided by FeeMetri(k)s, its representatives, or agents to you. FeeMetri(k)s may ask you to provide written certification of the destruction.

4. The expiration or termination of your account or these Terms will not relieve you of your obligations to pay any accrued Subscription fees and/or charges (which shall be due upon the date of such expiration or termination) and will not affect any of FeeMetri(k)s’ claims arising prior to such expiration or termination.

5. Your sole remedy for FeeMetri(k)s’ breach of these Terms shall be the termination of your account and these Terms.

Indemnification

You agree to indemnify, defend and hold harmless FeeMetri(k)s, its members, managers, shareholders, directors, officers, employees, agents, representatives, suppliers, contractors, information providers, and successors and assigns from and against any action, suit, proceeding, cause, claim, damage, debt, cost, demand or liability (including, without limitation, legal fees and expenses), asserted by any third party, arising directly or indirectly out of or relating to, your use of the Service, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your FeeMetri(k)s account or any claim from your client (collectively, the foregoing is referred to as a “Claim”). At the request of FeeMetri(k)s after any such Claim, you shall, at your sole expense defend, with counsel acceptable to FeeMetri(k)s, any Claim arising out of the foregoing; provided, that FeeMetri(k)s reserves the right, at your expense, to assume the exclusive defense and control of any such Claim. No compromise or settlement of any Claim may be committed to by you or other users without FeeMetri(k)s’ prior written consent. FeeMetri(k)s shall have the right to participate at any time in the defense, compromise and/or settlement of any proceedings with the counsel of its choosing.

Limitation of Liability

IN NO EVENT SHALL FEEMETRI(K)S, NOR ITS DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE TOTAL LIABILITY OF FEEMETRI(K)S FOR ANY CLAIM (INCLUDING ANY CLAIMS (AS DEFINED ABOVE), ACTION, DEMAND OR OTHER PROCEEDING, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING THEREFROM, BROUGHT BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO, YOU AND ANY OTHER USERS OR YOUR CLIENTS AGAINST FEEMETRI(K)S RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SAME, SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

1. WITHOUT LIMITING THE ABOVE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR (I) THE BREACH OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES MADE UNDER THESE TERMS; (II) ANY USE OR MISUSE OF ANY ACCOUNT BY YOU OR ANY OTHER USERS; (III) THE DISCLOSURE OF YOUR PASSWORD AND ANY ACCOUNT INFORMATION OR OTHER INFORMATION, AND ALL ACTIVITIES THAT OCCUR UNDER SUCH PASSWORD OR ACCOUNT; (IV) ANY TRANSACTION OR AGREEMENT ENTERED INTO AS A RESULT OF THE USE OF THE SERVICE; (VI) THE SECURITY, PRIVACY, STORAGE, OR TRANSMISSION OF OTHER COMMUNICATIONS INVOLVING THE USE OF THE SERVICE OR ANY PART THEREOF.

2. THE SERVICE MAY BE AVAILABLE THROUGH THE INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES, AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR TELECOMMUNICATIONS PROVIDER. FEEMETRI(K)S MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FeeMetri(k)s, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond FeeMetri(k)s’ or its suppliers’ control. You agree that any downloads of content or materials related to the services, or the site is done at your own risk, and you are solely responsible for any damage to your computer/system or loss of data that results from the download of or access to any such materials. Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above limitations may not apply to you.

Additional Disclaimers

1. You acknowledge and agree that,

a) you bear responsibility for any financial research and advisement you provide or any decisions or recommendations you provide to any party, including, without limitation, your clients;

b) FeeMetri(k)s is not responsible for and shall not be held liable for any advice given or recommendations made by you with respect to any financial, tax, fiduciary or other matter, regardless of whether you relied on the Service;

c) FeeMetri(k)s is not responsible for any acts, errors, or omissions by you, or for the accuracy of the information provided by you or any third party.

d) the Service is not sponsored or endorsed by, or affiliated with, any third parties, including any financial institution that holds an account you may choose to link to the Service.

2. Without limiting the above disclaimers and exclusion of warranty, FeeMetri(k)s, and its suppliers and agents further declare that none of the foregoing assume any responsibility for errors or omissions made by you or any of your representatives, and/or your clients, and are not liable or responsible in any way for any content posted to FeeMetri(k)s’ website.

3. FeeMetri(k)s is not obligated to review account information for any purpose, including accuracy, legality, or non-infringement.

Your Representations

You represent and warrant that,

1. you are a resident of the United States, and

2. you are a legal owner of, or you are authorized to provide us and our third-party service provider with, all Account Information, and have the right to grant the permissions set forth herein, and, that

3. FeeMetri(k)s’ third party service providers’ exercise of their rights set forth herein will not violate any applicable laws or third-party rights.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Assignment

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, but you shall not assign, by operation of law or otherwise, all or any portion of its rights under these Terms without the prior written consent of FeeMetri(k)s. Your acquisition by way of the transfer of shares or assets or otherwise by a third party shall be deemed an assignment for the purposes of this Section. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FeeMetri(k)s (i) via email (in each case to the address that you provide) or (ii) by posting on our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Miscellaneous

1. Any sections that under their terms or by implication ought to survive will survive termination of these Terms.

2. If any provision of these Terms or the application of such provision to any person, circumstance or jurisdiction shall be held invalid, the remainder of these Terms and the application of such provision to persons, circumstances or jurisdictions other than those to which such provision is held invalid shall not be affected thereby. If any provision in these Terms is determined to be unenforceable because of its scope, duration, geographical area or other factor, then the parties intend that the court making such determination will construe such provision to limit such scope, duration, area or other factor so as to make such provision enforceable, and then to enforce such provision as so construed.

3. The titles to the subdivisions of these Terms are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of these Terms.

4. You agree that no joint venture, partnership, or employment relationship exists between you and FeeMetri(k)s as a result of the Service.

5. You acknowledge and agree that FeeMetri(k)s and you are each an independent individual or legal entity, as the case may be (each “entity”, collectively “entities”), and neither entity nor their employees will be considered an employee of the other entity for any purpose, including but not limited to employee benefits, unemployment taxes, and income tax withholding at the source. Nothing in these Terms shall create an expressed or implied partnership, agency, joint venture, employment or other association between these entities, and allow either entity to make any warranties, representations or to create any obligation on behalf of the other entity.

6. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Service within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

7. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.

8. The failure of FeeMetri(k)s to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FeeMetri(k)s.

9. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

10. These Terms shall not be construed against a party because these Terms were prepared by or at the request of such party or such party’s counsel. The parties acknowledge that: (a) each party had the opportunity to retain counsel in respect of the negotiation of these Terms and each party had the opportunity to read and evaluate these Terms, and each party did or did not so retain counsel and read and evaluate these Terms to the extent as each thought most advantageous to themselves, and (b) neither party was in any way whatsoever relying on another party for guidance, advice or insight into the terms, meaning, effect, advantages or disadvantages hereof. No ambiguity shall be construed in favor of or against any one of the parties.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@feemetriks.com.