Terms and Conditions of Use Agreement
 

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
1.     Introduction.
Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the “Agreement”) for the YourFinancialWatchdog.com web site.  This website is owned and operated by Your Financial Watchdog, LLC, an Indiana limited liability company (hereinafter “Your Financial Watchdog” or “We”).  This Agreement applies to persons who visit, purchase from, or otherwise use the Your Financial Watchdog web site (“Users”).  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Your Financial Watchdog services (“Services”) or the YourFinancialWatchdog.com web site (hereinafter referred to collectively as “YourFinancialWatchdog.com” or “the Site”).  


2.     About YourFinancialWatchdog.com.
YourFinancialWatchdog.com provides information and tools regarding financial planning and empowers Users to make clear financial planning decisions to stay on track towards financial and personal success, all from the comfort of your home. The service is designed to provide quality generic financial educational information and tools.

 
3.     Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to children (persons under the age of 18).  This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by Your Financial Watchdog to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law.  If you do not qualify, please do not use our Site.  


4.     Services.
The Site provides you with the opportunity to learn about  financial planning and to purchase products and services that are designed to help you make  financial decisions.  You may view the Site at no cost.  However, we do charge for certain products or services that we offer through the Site.  In addition, we also offer a financial planning tool (Future Made Clear) under a subscription plan that involves a recurring charge for continued access to the included tools and features.  The Safe toolkit, Retirement Income Made Clear, College Planning Made Clear, and Investing Made Clear financial planning tools are guaranteed for one full year. If you are not satisfied for any reason, you may ask for and receive a full, 100% refund with no questions asked.
 

5.     Billing; Subscriptions
If you choose to purchase a product or service that we offer for sale through the Site, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to the financial planning tool (Future Made Clear) offered on the Site, your credit card will be charged based on the cost of the service as then set forth on the Site from time to time.  Your initial charge will be authorized and charged at the time you order.  You have thirty days from your initial order to cancel and receive a full refund.  After the first thirty days, no refunds are offered or available.  You will be notified by email approximately thirty days prior to the end of your annual term that your annual subscription will automatically renew and you will be charged again unless you notify us within thirty days from the date of the notification that you do not wish to renew.   You expressly authorize such charge as well as recurring charges.  By ordering and entering into this Agreement, you acknowledge that your purchase has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.  You also acknowledge and agree that Your Financial Watchdog may submit recurring charges without further authorization from you until you notify Your Financial Watchdog that you wish to terminate your subscription. Your Financial Watchdog reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree to promptly provide Your Financial Watchdog with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, credit card expiration date and email address.


6.     User’s Responsibilities and Acknowledgements.
As a Your Financial Watchdog User you are obligated to read this Agreement and our Privacy Policy before you use our Site, utilize our Services, purchase from us, or provide any information to us.  You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge that none of the information provided through the Site constitutes investment, legal, tax, accounting or any other type of professional advice nor is it intended to substitute for seeking professional advice. You should consult a qualified investment, legal, and/or tax professional before making any decisions based on information provided through the Site. For these reasons, you agree Your Financial Watchdog (and any third party providing content or tools on the Your Financial Watchdog Site) is not responsible for any losses that might occur from your use of the information contained in the Site or accessible from the Site, and you further agree that Your Financial Watchdog does not guarantee or endorse the suitability or potential value of any particular investment, any investment or tax strategy, that may be mentioned on the Site.


Nothing on the Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument, or to offer or provide any investment, tax, financial, accounting or legal advice or service to any person in any jurisdiction. Any investment or market overviews provided through the Site is intended to be for general information purposes only, and are not a substitute for seeking qualified professional tax, financial, or legal advice.    


7.    Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (f)  create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.  You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or without the prior expressed written permission of Your Financial Watchdog and the appropriate third party, as applicable.  You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.  
 
8.     Breach.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users or us.  We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Your Financial Watchdog will not issue any refunds of any amount to you and will be entitled to recover, in addition to all sums to which we are entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and all costs of any litigation.


9.     Privacy.
We only use your information as described in our Privacy Policy.  Our current Privacy Policy is available at http://www.yourfinancialwatchdog.com/privacy_policy.php.  Your Financial Watchdog may change the Privacy Policy in the future.  You should check the Privacy Policy frequently for changes.


10.  Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Your Financial Watchdog.  Such links do not necessarily constitute an endorsement by Your Financial Watchdog of those sites.  Your Financial Watchdog undertakes no obligation to monitor such sites, and you agree that Your Financial Watchdog is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
 
11.  Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.


12.  Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.  


13.  Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT.  WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF YOUR FINANCIAL WATCHDOG.  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT, OR ANY OF OUR SERVICES, TOOLS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR FINANCIAL WATCHDOG DISCLAIMS ANY AND ALL SUCH WARRANTIES.
 
 
14.  Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEB SITE.  OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT YOU PAY TO US IN ANY ONE YEAR OR B) $100.  IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT YOUR FINANCIAL WATCHDOG'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


15.  Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of your violation of this Agreement or your use of the Site.  You further agree that you will cooperate fully in the defense of any such claims. Your Financial Watchdog reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Your Financial Watchdog.


16.  Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Indianapolis, Indiana and the judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Either you or Your Financial Watchdog may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Indianapolis, Indiana necessary to protect the rights or property of you or Your Financial Watchdog pending the completion of arbitration.


17.  Licenses.
Your Financial Watchdog grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.


18.  Waiver.
Failure by Your Financial Watchdog to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.


19.  Right to Change this Agreement.
Your Financial Watchdog reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion.  Any changes will be effective upon the posting of the changes on the Site.  You are responsible for reviewing the changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site and the Services following Your Financial Watchdog’s posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.


20.  General Provisions.
This is the entire Agreement governing the use of the Your Financial Watchdog Site.  No delay by either party shall waive rights under this Agreement.  This Agreement is governed by, and to be construed in accordance with, the laws of the State of Indiana, without regard to that state’s conflict of laws provisions.  By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Indiana. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Your Financial Watchdog in accordance with applicable law and the remainder of the Agreement shall remain in full force.


21.  Contact Your Financial Watchdog.
Except as explicitly stated otherwise, any notices to Your Financial Watchdog shall be given by postal mail to Your Financial Watchdog, LLC, 7462 E. Fishers Station Drive #164, Fishers, IN 46038-2323 (in the case of Your Financial Watchdog).  You agree that you will notify Your Financial Watchdog in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Your Financial Watchdog a reasonable period of time to address it before bringing any arbitration or legal action.


Contact Us for further details.