IN ADDITION TO ALL OTHER TERMS OF THIS AGREEMENT, USER IS WARNED TO NEVER OPERATE THE RETHINK CFO WEBSITE OR ANY OTHER MOBILE APPLICATION USING A WIRELESS OR MOBILE DEVICE WHILE OPERATING A MOVING VEHICLE.
b. “Rethink CFO” means Rethink CFO, Inc. (the United States), Rethink CFO, Inc. (Canada) and Rethink CFO, Ltd. (New Zealand).
c. “User,” or “Users” means you, the party agreeing to this Agreement (sometimes referred to as “you,” or “your”).
d. “Website” means the website of Rethink CFO, accessible at https://www.rethinkcfo.com/.
e. “User Content” means any information provided by the User to Rethink CFO in connection with User’s access to the Services and/or Website.
f. “Services” means certain services provided by Rethink CFO, including services related to the business of Rethink CFO, or services that permits User to access the Website and access information which includes, but is not limited to, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features that may be included with or accessible on the Website.
g. “Account” means the User’s personal identifying information through which he or she gains access to the Services accessible on the Website as provided by Rethink CFO.
h. “Intellectual Property Rights” means any and all right, title and interest in and to the Website and Services and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing property rights of Rethink CFO.
2. User Account.
Some Services provided by Rethink CFO are only available to those Users who create an account on the Website. Users must be at least 18 years of age to create an account on the Rethink CFO Website and use the Services. When User creates an account with Rethink CFO, User guarantees that the information User provides is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the User’s Account on the Website and/or termination of any applicable Services.
User is responsible for maintaining the confidentiality of User’s account and password, including but not limited to the restriction of access to User’s computer and/or Account. User agrees to accept responsibility for any and all activities or actions that occur under User’s Account and/or password, whether User’s password is with the Services provided by Rethink CFO or a third-party Service. User must notify Rethink CFO immediately upon becoming aware of any breach of security or unauthorized use of User’s Account.
3. Modifying the Services and Termination.
Rethink CFO is always striving to improve the Services and bring Users additional functionality that they will find engaging and useful. This means Rethink CFO may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect User’s rights or obligations, Rethink CFO may not provide User with notice before taking them. Rethink CFO may even suspend the Services entirely, in which event Rethink CFO will notify User in advance unless extenuating circumstances, such as safety or security concerns, prevent Rethink CFO from doing so.
User may terminate their account at any time, for any reason, by contacting Rethink CFO at firstname.lastname@example.org. User understands that by terminating their account they may be restricting their access to the Services or to certain areas of the Website.
4. Safety; Your Interactions with Other Users.
Though Rethink CFO strives to encourage a respectful user experience, it is not responsible for the conduct of any User on or off of the Website or Services. User agrees to use caution in all interactions with other individuals or users, particularly if User decides to communicate off the Website and/or Services or meet in person. User agrees that User will not provide any financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT RETHINK CFO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. RETHINK CFO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. RETHINK CFO RESERVES THE RIGHT TO CONDUCT – AND USER AGREES THAT RETHINK CFO MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
5. License to User.
Rethink CFO hereby grants to User a nonexclusive, nontransferable, non-sublicensable, revocable, and limited license to access and use the Services and Website solely for User’s individual purposes, subject to all limitations and restrictions listed herein. At all times Rethink CFO retains ownership of the Website and reserves all rights not expressly granted to User.
6. License to Rethink CFO.
7. License Restrictions.
a. Ownership. As between the Parties, Rethink CFO owns all Intellectual Property Rights embodied or used in connection with the Website and/or Services. As between the Parties and subject to the terms and conditions of this Agreement, User owns all right, title, and interest in and to the User Content generated by the use of the Website and/or Services by the User. There are no implied licenses in this Agreement, and Rethink CFO reserves all rights not expressly granted under this Agreement.
i. Copyright Protected Works. If you believe any copyright protected work has been posted or is being displayed by the Website and/or Services without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright holder or their authorized agent. Please submit a copyright complaint form to the Rethink CFO by sending your complaint to email@example.com. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Misuse of this process may result in the suspension of your account or other legal consequences. Please ensure that your takedown notification is in writing, signed, identifies the work(s) that are being infringed, in the proper form as required by the legal jurisdiction under which you claim protection, that identifies the infringing material, provides your contact information, a statement that your claim is being made in “good faith”, a statement warranting that the information contained in the complaint is accurate, and include a statement that, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All Copyright Infringement Takedown Notice documents must be signed under penalty of perjury. Filing a false Copyright Infringement Takedown Notice, one that does not consider the applicability of an exception (such as parody or fair use), or one that does not relate to a copyright issue can bring with it significant legal liability, including criminal penalties. Filing a Copyright Infringement Takedown is a legal matter and should not be done without the full understanding of its implications.
b. Trademark Information. Rethink CFO, its logo(s), trademarks, Services marks, and graphics used in connection with the Website and/or the Services are trademarks or registered trademarks of Rethink CFO in Canada, New Zealand, the United States and/or other countries. User is granted no right or license in any of the aforesaid trademarks, and further agrees that User shall not remove, obscure, or alter any proprietary notice(s) (including trademark and copyright notices) that may be affixed to or contained within the Services.
c. No Reverse Engineering. Unless otherwise expressly set forth in this Agreement, User will not: (a) modify, translate, or create derivative works of the Website, or Services; (b) decompile, reverse engineer, or reverse assemble any portion of the Website or attempt to discover any source code or underlying ideas or algorithms of the Website; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute, or otherwise transfer all or any portion of the Website; (d) make, have made, reproduce, or copy the Website; (e) remove or alter any trademark, logo, copyright, or other proprietary notices associated with the Website; and/or (f) cause or permit any other party to do any of the foregoing.
d. Limited use of Services. User agrees to use the Services only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If User’s use of the Services or other behavior intentionally or unintentionally threatens Rethink CFO’s ability to provide access to the Services or other systems to User or any third-party, Rethink CFO shall be entitled to take all reasonable steps to protect the Services and systems, which may include restricting User’s access to the Website and/or Services, in whole or in part. Any violations of the limitations set forth herein may result in termination of User’s use of the Services. ANY USE OF THE SERVICES, EXCEPT FOR USE OF THE SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND MAY SUBJECT USER TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
e. Use of the Website. Furthermore, User is solely responsible for maintaining the confidentiality and security of the Website and for all activities that occur on or through User’s use of the Website. User agrees to immediately notify Rethink CFO of any security breach of the Website. User further acknowledges and agrees that the Website is designed and intended for personal use on an individual basis only, and that User should not share any information and/or password details with any other individual or entity. Provided that Rethink CFO has exercised reasonable skill and due care, it shall not be responsible for any losses arising out of the unauthorized use of such User information resulting from User’s noncompliance with this or any other provision in this Agreement. ANY USE OF THE WEBSITE, EXCEPT FOR USE OF THE WEBSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND MAY SUBJECT USER TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
f. Availability of the Website and/or Services. The Website and/or Services, or any feature or part thereof, may not be available in all languages or in all countries and Rethink CFO makes no representation that the Website and/or Services, or any feature or part thereof, are appropriate or available for use in any particular location. To the extent that User chooses to access and use the Website and/or Services, User does so at User’s own initiative and is responsible for compliance with any and all applicable laws.
g. Change of Website and/or Services. Rethink CFO reserves the right at any time to modify this Agreement and to impose new and/or additional terms or conditions on User’s use of the Website and/or Services. Such modifications and additional terms and conditions will be communicated to User and, if accepted, will be effective immediately and will be thereby incorporated into this Agreement. In the event that User refuses to accept such changes, Rethink CFO shall have the right to terminate this Agreement and User’s Account. User agrees that Rethink CFO shall not be liable to User or any third-party for any modification or cessation of the Website and/or Services.
h. Use of User’s Account. As a registered user of the Services, User must establish an Account. Rethink CFO agrees to not reveal User’s login information publicly. User is solely responsible for maintaining the confidentiality and security of User’s Account and for all activities that occur on or through User’s Account. User agrees to immediately notify Rethink CFO of any security breach of User’s Account. User further acknowledges and agrees that the Website and/or Services are designed and intended for personal use on an individual basis and that User should not share Account and/or password details with any other individual or entity. Provided that Rethink CFO has exercised reasonable skill and due care, Rethink CFO shall not be responsible for any losses arising out of the unauthorized use of User’s Account resulting from User’s noncompliance with this or any other provision in this Agreement.
i. Account Authentication Information. In order to use some of the Services, User must enter User’s username and password, and any other required information, to authenticate User’s Account. User agrees to provide accurate and complete information when User registers with, and as User utilizes, the Website and/or Services and User agrees to update this information from time to time to keep it accurate and complete. Failure to provide accurate, current and complete information may result in the suspension and/or termination of User’s Account. User agrees that Rethink CFO may store and use this information in maintaining and billing fees to User’s Account or to User individually.
8. User Warranties and Acknowledgements.
a. Devices. Use of the Website and/or Services may require compatible device(s), access to the internet, certain software (fees may apply), and periodic updates. Use of the Website and/or Services may be affected by the performance of these factors. User agrees that meeting these requirements is User’s responsibility.
b. Ownership. User acknowledges and agrees that Rethink CFO and/or its licensors own all legal right, title and interest in and to the Website and/or Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. User further agrees that the Services (including the content of, and the procedures or any other part thereof) contain proprietary information that is protected by applicable intellectual property and other laws, including but not limited to copyright. User agrees that User will not use such proprietary information or materials in any way whatsoever except for use of the Services and Website in compliance with this Agreement. User understands and accepts that no portion of the Website and/or Services may be reproduced in any form or by any means, except as expressly permitted in this Agreement. Whether or not otherwise protectible under any specific intellectual property law or regulation, User hereby warrants that User will not use the content of the Website, the Services or the procedures of those Services for any purpose other than the explicit purpose stated above in this Agreement
c. Links and Other Third-Party Materials. Certain User Content and components or features of the Website and/or Services may include materials or services provided by third-parties and/or hyperlinks to other websites, resources, or other content. Because Rethink CFO may have no control over such third-party sites and/or materials, User acknowledges and agrees that Rethink CFO is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy, legality, or use of any such sites or resources, and shall in no way be liable or responsible for any third-party services, advertising, products, or materials on or available from such sites or resources. User further acknowledges and agrees that Rethink CFO shall not be responsible or liable in any way for any damages or criminal prosecution User incurs or alleges to have incurred, either directly or indirectly, as a result of User’s use and/or reliance upon any such third-party services, content, advertising, products, or materials on or available from such sites or resources.
d. Private information. User hereby acknowledges that Company may publish certain User information, including but not limited to your name, picture, nationality, city, country, and User Content as part of the Services. User hereby grants permission to Company to use any information given to it by User, including personally identifiable information.
e. User Warranty and Company Disclaimer. By accepting this Agreement, User warrants that User is not barred from receiving the Services or using the Website under the laws of Canada, New Zealand or the United States or any other applicable jurisdictions, including the country in which User resides or from where User uses the Services. USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY NOT BE UPDATED WITH CURRENT INFORMATION. RETHINK CFO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. RETHINK CFO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET USER’S REQUIREMENTS; (2) USER’S USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (3) ANY INFORMATION OBTAINED BY USER AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (4) ANY DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES PROVIDED TO USER WILL BE CORRECTED. RETHINK CFO DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES AND THE WEBSITE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE(S), COMPUTER(S), OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS. USER FURTHER ACKNOWLEDGES THAT THE WEBSITE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN ANY SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE WEBSITE AND THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
f. Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT RETHINK CFO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, MEDICAL COSTS, LOSS OF CONSORTIUM, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF RETHINK CFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES (2) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES, THE WEBSITE, OR ANY PART THEREOF; (3) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (5) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; AND (6) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.
a. User Prohibitions. User agrees to not interfere with or disrupt the Website and/or Services (including accessing the Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website and/or Services, or any policies, requirements or regulations of networks connected to the Services (including any unauthorized access to, use, or monitoring of data or traffic thereon); plan or engage in any illegal activity; and/or gather and store personal information of any third-parties to be used in connection with any of the foregoing prohibited activities.
b. User Indemnity and Waiver. User agrees to defend, indemnify, and hold Rethink CFO, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party, relating to or arising from: (1) any User Content the User submits, transmits, or otherwise makes available through the Website and/or Services; (2) User’s use of the Website and/or Services; (3) any violation by User of this Agreement; (4) any action taken by Rethink CFO as part of an investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (5) User’s violation of any rights of another entity in regards to this Agreement. User understands and accepts that User cannot bring legal action against Rethink CFO, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content (including User Content), to warn User, to suspend or terminate User’s access to the Website and/or Services, or to take any other action during the investigation of a suspected violation or as a result of Rethink CFO’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or User’s use of the Services. User acknowledges that User is responsible for all use of the Services while using the User’s Account, and that this Agreement applies to any and all usage of User’s Account. User agrees to comply with this Agreement and to defend, indemnify and hold harmless Rethink CFO from and against any and all claims and demands arising from usage of User’s Account.
c. Company Access to Account. Rethink CFO reserves the right to take steps it believes, in its sole discretion, are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. User acknowledges and agrees that Rethink CFO may, without liability to User, access, use, preserve and/or disclose User’s Account information and content to law enforcement authorities, government officials, and/or a third-party, as Rethink CFO believes is reasonably necessary or appropriate, if legally required to do so, or if it has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (1) comply with legal process or request; (2) enforce this Agreement, including investigation of any potential violation thereof; (3) detect, prevent, or otherwise address security, fraud, or technical issues; or (4) protect the rights, property, or safety of Rethink CFO, its users, a third-party, or the public as required or permitted by law.
d. Website Updates and Notices. Rethink CFO reserves the right, in its sole discretion, to make unscheduled deployments of updates or enhancements to the Website and/or Services. In order to continue User’s use of the Services, such updates may be automatically downloaded and installed onto User’s device(s) or computer(s). These updates may include bug fixes, feature enhancements or improvements, and/or entirely new versions of the Website. User acknowledges and understands that during such deployments, certain functionality of the Website may be unavailable and outages may occur. Rethink CFO may provide User with notices regarding the Website and/or the Services, including changes to this Agreement, by email to any known User email address (and/or other alternate email address associated with User’s Account if provided), by regular mail, or by postings on the Website and/or the Services.
10. General Contract Terms.
This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof, and supersedes all other agreements between them, whether oral or written, regarding the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and to be entirely performed whether in Canada, New Zealand, or the United States without resort to its conflict of law provisions. The Parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the courts located in the Province of Alberta. The parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement. Neither this Agreement nor any right or duty under this Agreement may be transferred, assigned or delegated by User, by operation of law or otherwise, without the prior written consent of Rethink CFO, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Rethink CFO may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the Parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect to the maximum extent allowed by law. Nothing in this Agreement shall be construed as to convey to User any interest, title, or license in any intellectual property owned by Rethink CFO, or other resource(s) used by User in connection with the Services. Throughout this Agreement, the masculine, feminine, or neuter genders shall be deemed to include the masculine, feminine, and neuter and the singular, the plural, and vice versa. The section headings of this Agreement are for convenience of reference only and do not form a part hereof and do not in any way modify, interpret, or construe the intentions of the parties.
User acknowledges that Rethink CFO is giving the User a tool that assists the User in obtaining information related to the business of Rethink CFO. When using this tool to interact with Rethink CFO or any third-party, User is executing this action individually and independently and Rethink CFO does not assume, create, or incur any liability of any kind, express or implied, against or in the name of the User, nor otherwise act as the representative of the User.
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.
Rethink CFO reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or access the Website or use the Services after any revisions becomes effective, User agrees to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. It is the User’s responsibility to regularly check the terms and conditions to see if changes have been made.
14. Contact Us.
If you have any questions about the Agreement, or the terms and conditions herein, please contact us by email to firstname.lastname@example.org.