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Legal: Privacy Policy

The Financial Health Network Inc. is committed to maintaining the integrity and privacy of your personal information. This privacy policy (the “Policy”) is intended to explain our information collection and dissemination practices in connection with the Financial Health Network family of websites located at www.finhealthnetwork.org (the “Sites”).

Please review the entire Policy and contact us if you have any questions. By using the Sites, you consent to the collection, use, and disclosure of information in accordance with the terms of this Policy. The Financial Health Network reserves the right to update or change this Policy at any time.

Personal Information We Collect
In order to monitor the Sites’ performance, provide you with a better experience when visiting the Sites and for statistical and routine system maintenance purposes, the Financial Health Network may automatically collect information from you through the use of cookies. We also collect information, including personal information, provided by visitors as a result of their interactions with our Sites or that is shared through our Sites. “Personal information” is data that reasonably can be used to identify an individual. We may collect and process the following data about you:

  • Information that you provide to us by completing forms or surveys on our Sites, including information provided at the time of registering to attend our conferences or events, registering as a Core Member or a Digital Member, registering for access to our datasets, or subscribing to newsletters, updates, and other communications, such as contact details, name, email address, mailing address, and phone number.
  • Information that you share through our Sites by using our services including any personal information in the data that you share.
  • Information about your interaction with our Sites and services, including home server domain name, IP address, repository ID, geographic location, account activity, license information, and type of computer, operating system, and web browser used to access our Sites.
  • Information you provide to us when you contact us for customer or technical support.
  • Information that you provide to us when carrying out transactions through our Sites including payment details such as credit card information and billing address.
  • Information we receive from third party search engines relating to your search activity.
  • Details of your visits to our Sites including, but not limited to, traffic data, location data, weblogs and other communication data and the pages and resources that you access, including the date of access.
  • Information you provide to us when you register for events, request information or materials, and participate in promotions, contests or giveaways.
  • Information you provide when you submit questions or comments to us.

How We Use Personal Information
Data collected by the Financial Health Network will be used by the Financial Health Network exclusively for purposes for which, and consistent with the way in which, it was collected or submitted, such as to:

  • create and maintain your account.
  • process, fulfill, and follow-up on your attendance at events or conferences.
  • process your account registration.
  • answer your questions.
  • send you newsletters, updates, and other communications that you have requested.
  • send you information about our services and resources.

Disclosure of Personal Information to Third Parties
The Financial Health Network will not sell, share, rent or disclose to third parties any personally identifying information, such as names, mailing address, email addresses, telephone numbers, and other personal information which you voluntarily provide to us, unless we secure your permission to do so, except to:

  • provide the services you have requested.
  • comply with applicable laws or valid legal processes.
  • protect the Financial Health Network’s intellectual property and other legal rights.

Personal information that you provide voluntarily is only available to our employees managing this information and to contracted service providers for the purposes of providing services relating to our communications with you. Names, mailing addresses, e-mail addresses, and telephone numbers provided by users may be added to the Financial Health Network’s databases and used for future communications regarding Site updates, new products and services, upcoming events, and other matters.

We may, from time to time, send you newsletters, updates and other communications regarding our services and events. The Financial Health Network works with third-party vendors to provide users with its newsletter and communications services. While these vendors will have access to your personally identifiable information in order to provide email services, they are required to maintain the privacy of all information in their control. You may opt out of receiving any the Financial Health Network newsletters, updates, or other emails by clicking “unsubscribe” at the bottom of each email and following the subsequent instructions.

Registration for the Financial Health Network Sites
Registration is not required to access our Sites. Any requests to access the Financial Health Network’s research data should be sent to info@finhealthnetwork.org.

Personal Information Shared in Public Forums
The Financial Health Network may provide bulletin boards, blogs, or chat rooms on its Sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. The Financial Health Network is not responsible for the personal information you choose to submit in these forums.

Opt-Out Right
You may opt out of having your personal information collected by the Financial Health Network by not completing online forms, signing up for services, or creating an account. To opt out after submitting personal information, Users must contact us at info@finhealthnetwork.org. To request that we delete personal information that you have previously provided to us, Users may contact us at privacy@finhealthnetwork.org, and we will endeavor promptly to delete such information at your request.

If you want to stop using your account you may deactivate it. When you deactivate an account, you will not be able to use our services and your information will not be capable of being viewed through our Sites. You may also request that the Financial Health Network remove from its database any personally identifiable information you had previously provided. However, even after you submit a request to delete your information or deactivate your account, copies of your information including but not limited to name and email address may be retained by us as backup copies for legal and compliance reasons.

Access to and Ability to Correct Personal Information
Users may modify, correct, change, update, obtain a summary of their personal records, or cause their personal records to be removed from our database by contacting us via the mailing address, email (to privacy@finhealthnetwork.org) or telephone number listed below. In response to such a request, the Financial Health Network will send personal records only to the email or mailing address on file for the username associated with it.

Links to Third-Party Websites
Our Sites may contain links to other websites. the Financial Health Network does not endorse, and is not responsible for, the privacy practices or the content of such other websites. We do not review or control such websites and suggest that you review the privacy policies of these websites before accessing.

Use of Cookies
We may use cookies to improve your experience of our Sites and services. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize your device, facilitate and improve your interaction with our Sites and our services.

Collection of Personal Data from Children
The Financial Health Network does not attempt to collect personal information from children. Personal information sent to the Financial Health Network, such as an email, which appears to be from a child, will be deleted. The Financial Health Network cannot always determine if a visitor to its Sites or the sender of an e-mail is a child, but will exert our best efforts to do so.

Security and Protection of Personal Information
All personal information you provide to us through our Sites is stored on secure servers operated by us or our third party providers. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology. In addition, the Financial Health Network and its business partners enter into confidentiality agreements which require that care and precautions be taken to guard against loss, misuse, or disclosure of your personal information. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. We ask that you not share your password with anyone. Although we will do our best to protect your personal information, we cannot guarantee the security of your data. Any transmission is at your own risk. Once we have received your information, we will employ reasonable procedures and security features to guard against unauthorized access.

Reporting of Data Breaches
We make reasonable efforts to monitor and detect any data breach affecting personal information. In the unlikely event that a data breach results in the disclosure of your personal information to third parties, we will make all reasonable efforts to inform you.

Amendments to Policy
The Financial Health Network reserves the right to change this Policy at any time, without notice, by posting the new or revised Privacy Policy on the Sites.

How to Contact Us
Questions, comments and requests regarding this Policy are welcomed and should be addressed to info@finhealthnetwork.org or mailed to the following address:

Financial Health Network
135 S. LaSalle Street
Suite 2125
Chicago, IL 60603
Telephone: 312.881.5856

Legal: Terms of Use

Last Modified: October 27, 2020

These Terms of Use, including any policies, rules, and documents expressly incorporated herein by reference (collectively, the “Terms”), sets forth a legally binding agreement between you and Financial Health Network (“Financial Health Network”, “FHN”, “we” or “us”). These Terms govern your access to and use of the websites owned and operated by FHN that link to these Terms, including the website located at finhealthnetwork.org (collectively, the “Site”), and the content, information, features and other functionality displayed or otherwise made available on or through the Site. Please read these Terms carefully before accessing or using the Site. If you do not agree to be bound by these Terms, without limitation or qualification, you may not access or use the Site.

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE (SECTION 20) AND CLASS ACTION WAIVER (SECTION 21) THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. PLEASE READ THESE SECTIONS CAREFULLY.

1. Acceptance of Terms
By accessing or using the Site, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by these Terms, to which we reserve the right to make changes from time to time consistent with applicable law and as described below, and to abide by all applicable laws with regard to your use of the Site. In addition to these Terms, your access to certain content on the Site may require you to accept additional terms and conditions as applicable to such content (the “Additional Terms”). When accessing or using the Site, you shall also be subject to any rules and/or policies (including our Privacy Policy) applicable to such access or use that may be posted or made available to you through the Site (the “FHN Policies”). The Additional Terms and FHN Policies are hereby incorporated and made a part of these Terms by this reference.

2. Age Requirements & Accessibility
You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site. Individuals under the age of majority are not eligible to use the Site and may not submit any personal information to us. By accepting these Terms or accessing or using the Site, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. If you have difficulty using or accessing any element of this Site or if you have any feedback regarding accessibility of this Site, please feel free to contact us.

3. Changes To These Terms
We will email you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site following our posting of any changes to these Terms means that you accept those changes.

4. Privacy Policy
When you access the Site you provide us with different types of information. Please read our Privacy Policy, which explains how we collect, use and share information through the Site, including the use of third-party services to collect information to monitor the Site’s performance, as well as your choices regarding these activities. The Privacy Policy applies to use of the Site, and it is incorporated into and made a part of these Terms by reference. By using the Site, you consent to FHN’s collection and use of personal data as outlined therein.

5. License Grant
Subject to these Terms and your continued compliance with these Terms, FHN grants to you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, terminable and revocable license to access and use the Site, including the text, graphics, data, information, and other content made available by or through the Site (collectively, “FHN Content”), including, without limitation, any FHN Content obtained by or through widgets, RSS feeds, APIs, or other similar means. In furtherance of its mission to further the public debate on important issues, the FHN Content may be accessed, printed, displayed, downloaded and distributed for personal, educational, news reporting, or other policy purposes, provided that all copies display all copyright and other applicable notices to the extent such notices are contained in such FHN Content and provided further that you do not use the FHN Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to FHN. You must also provide proper attribution to the Financial Health Network in connection with your use of any FHN Content. You do not have any rights beyond what is granted to you in these Terms. FHN reserves all rights not expressly granted to you in these Terms.

6. Restrictions On Use
You may browse the Site and all associated content solely for your personal use and enjoyment. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You expressly agree not to use any device, software, or routine to interfere with the proper functioning of the Site. In using the Site, you may not:

  • Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
  • Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
  • Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
  • Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component;
  • Use any software, tool, data, device, or mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us, or violate any security features of the Site;
  • Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo, or other proprietary information (including, but not limited to, FHN Content and its layout and/or form, including the distinctive “look and feel” of the Site) without our express written consent; or
  • Use any metatags or other “hidden text” utilizing our name or trademarks without our written consent.

7. User Covenants
By accessing or using the Site, you agree to, acknowledge, and represent that: (i) you understand that the content provided on and through the Site are intended for informational purposes only, (iii) you will comply with all applicable federal, state or local laws in using the Site, including any services made available to you on or through the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, and (iii) you have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and be bound by the covenants herein.

8. Copyrights, Trademarks, And Other Proprietary Rights
When accessing the Site, you agree to comply with all applicable laws and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.

As between you and FHN, any and all FHN Content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned exclusively by FHN and/or our licensors and is subject to protection by patent, copyright, trademark, intellectual property, and/or other proprietary rights. The entire content of the Site is copyrighted as a collective work under the United States copyright laws, and FHN owns a copyright in the Site as collective work and/or compilation, and in the selection, coordination, arrangement, and enhancements of the Site and the FHN Content. Unless otherwise specified, the FHN Content is © 2020, Financial Health Network. All rights reserved. Removing or altering this copyright notice on any FHN Content or the Site is prohibited.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, us and/or our licensors or partner companies. Nothing contained on the Site or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party. Any such third-party Trademarks or copyrights may not be used without the prior written permission of their respective owners. The trademark “FINANCIAL HEALTH NETWORK” and all other names, logos, and icons identifying Financial Health Network and/or its products and services are proprietary marks of Financial Health Network. Use of the Financial Health Network trademarks is not permitted without first obtaining our express written permission. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or otherwise exploit any FHN Content or other material obtained from the Site without the express written permission from FHN and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

9. Monitoring; Copyright Complaints
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Site. Notwithstanding this right, we do not and cannot review all materials submitted to the Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Digital Millennium Copyright Act
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:
Financial Health Network
135 S. LaSalle St., Suite 2125
Chicago, IL 60603
Telephone: 312.881.5856
Attn: DMCA Agent
Email: info@finhealthnetwork.org
E-mail Subject: “DMCA Request”

10. User Content
You are, and shall remain, solely responsible for the content of any creative materials, including creative suggestions, submissions, images ideas, notes, drawings, photographs, concepts, blog posts, articles, or other information or communications (collectively “User Content”) you transmit to us via the Site, the Internet, e-mail, or otherwise. User Content shall be and remain your property. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferrable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, assign, commercialize, sub-license, perform, and display User Content, publish your name in connection with your User Content, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. Your represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party. We will not be required to treat any User Content as confidential, and we may use User Content in our business (including for services or advertising) or for any other purpose without incurring any liability for royalties or any other consideration. Subject to existing laws, you waive any moral rights that you may have in any User Content.

11. Submissions
We welcome your feedback and suggestions about how to improve the Site, and we may allow public comments on some pages of the Site. In the event you provide any ideas, feedback, suggestions, information, know-how, material, or any other submissions (collectively, “Submissions”) to us through the Site (including by posting such Submissions on the Site), you hereby grant to us a royalty-free, perpetual, irrevocable, nonexclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Any Submissions you provide to us shall be deemed non-confidential and we shall be free to use such Submissions on an unrestricted basis as provided herein. You hereby waive any claim to the contrary.

12. Third-Party Sites
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.

13. Site Updates
We will not be liable if, for any reason, all or part of the Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate or incomplete.

14. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS AT YOUR SOLE RISK. THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF FHN AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, FIFTY U.S. DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT ALL OTHER TERMS AND PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT.

16. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “FHN Parties”) from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site; (iii) your violation of any rights of any third party; or (iv) any claim relating to your User Content. This indemnification obligation will continue after you stop using the Site.

YOU HEREBY EXPRESSLY RELEASE EACH OF THE FHN PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN CONNECTION WITH YOUR USER CONTENT, INCLUDING ANY LIABILITY RELATING TO THE FHN PARTIES’ USE OR NON-USE OF YOUR USER CONTENT, CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, EMOTIONAL DISTRESS, AND/OR ECONOMIC LOSS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

17. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

18. Notices
We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Governing Law
These Terms and your use of the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of Illinois to apply.

20. Binding Arbitration
Any dispute or claim arising out of or relating to these Terms or your use of the Site that cannot be settled amicably shall be finally settled under the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “Arbitration Rules”) before a single arbitrator, who must be an attorney or retired judge with substantial knowledge of the State of Illinois law and substantial experience in arbitrating commercial disputes under the Arbitration Rules; provided, however, that to the extent such dispute or claim arises from or relates to a claim or allegation by us that you violated or threatened to violate our intellectual property rights, then, notwithstanding anything to the contrary herein or otherwise, we have the absolute right to seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. If the single arbitrator is not nominated by mutual agreement between you and FHN within thirty (30) days from the date of the initial request for arbitration was served, the arbitrator shall be appointed by CPR in accordance with the Arbitration Rules. Unless otherwise agreed, arbitration proceedings will be held in Chicago, Illinois. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate (whichever shall first occur). The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law. Any dispute or claim not subject to arbitration as provided under these Terms shall be decided solely and exclusively by state or federal courts located in Cook County, Illinois.

21. Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

22. Miscellaneous
The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all written or oral agreements previously existing between the parties with respect to such subject matter.

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