1. The Service. The Service consists of a prepaid account service operated by Finnest that, among other features, provides the Primary Accountholder with the ability to control and monitor the Card(s), including specifically the ability to set spending parameters and approve purchases for any Sub-Account(s). “Primary Account” means the Primary Accountholder’s Virtual Card Account. A “Sub-Account” is a Virtual Card Account that is a sub-account of the Primary Account, established by the Primary Accountholder and utilized for the purpose of identifying, monitoring and approving Card transactions by a Sub-Accountholder. A “Sub-Accountholder” is any individual authorized by the Primary Accountholder to use a Sub-Account. A “Card” means the Finnest Prepaid Visa Card issued to the Primary Accountholder by First Century Bank (the “Bank”) for a Sub-Accountholder’s use and governed by the terms and conditions of the Bank’s Cardholder Agreement (the “Cardholder Agreement”). “Virtual Card Account” means the records the Bank maintains to account for the value of claims associated with each Card. Finnest does not hold funds; any funds that you may add to your Virtual Card Account are solely held by the Bank.
1.1. The Primary Accountholder may have the ability (but not the obligation) from time to time to assign certain responsibilities and obligations to a designee (the “Secondary Accountholder”), often a second parent or guardian. Unless this Agreement specifies otherwise, all rights, privileges and authorities of the Primary Accountholder under this Agreement are equally applicable to the Secondary Accountholder with the following exceptions: (i) the Secondary Accountholder cannot close the Primary Accountholder’s account; (ii) the Secondary Accountholder cannot remove the Primary Accountholder from the account; (iii) the Secondary Accountholder cannot open or close a Sub-Account; and (iv) the Secondary Accountholder cannot add a Funding Account (as defined below).
1.2. Sub-Accountholders under the age of majority in the jurisdiction in which they are located may not use the Service unless their parent or guardian is a Primary Accountholder and registers them to use the Service. By registering a Sub-Accountholder to use the Service, the Primary Accountholder represents and warrants that he or she is of the age of majority in the jurisdiction in which such Primary Accountholder is located. If the Primary Accountholder registers a minor Sub-Accountholder to use the Service, or appoints a Secondary Accountholder, such Primary Accountholder hereby accepts this Agreement on behalf of him or herself and such minor Sub-Accountholder, and agrees that such Primary Accountholder will be responsible for all uses of the Service by such minor Sub-Accountholder, whether or not these uses were authorized by the Primary Accountholder, including without limitation any and all financial charges. If the Primary Accountholder is a parent or guardian registering a minor Sub-Accountholder to use the Service, such Primary Accountholder hereby represents and warrants that he or she is the legal parent or guardian of such minor Sub-Accountholder.
1.3. By using the Service, the Primary Accountholder represents that (i) each of the Primary Accountholder, any Secondary Accountholder and any Sub-Accountholder is a natural person; (ii) each of the Primary Accountholder and any Secondary Accountholder is at least the age of majority in the jurisdiction in which they are located; and (iii) access to or use of the Services by the Primary Accountholder or Secondary Accountholder and/or any Sub-Accountholder does not violate applicable laws. The Primary Accountholder represents that all Sub-Accountholders, which may include minor children, are eligible to use Service pursuant to this Agreement. By signing up for a Primary Account, the Primary Accountholder represents and warrants that any identifying information provided by Primary Accountholder in order to verify such Primary Accountholder’s identity is true, correct and complete. By signing up a Sub-Accountholder for a Sub-Account, or designating a Secondary Accountholder, the Primary Accountholder, represents and warrants that any identifying information that may be submitted by the Primary Accountholder regarding the Sub-Accountholder’s identity and/or the Secondary Accountholder’s identity is also true, correct and complete.
1.4. Funds may be added to your Primary Account, called “value loading”, at any time, subject to any restrictions in this Agreement or your Cardholder Agreement with the Bank. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” The Primary Account may be loaded via (i) an ACH debit transaction from a Funding Account; or (ii) a direct deposit of wages authorized by either the Primary Accountholder or the Secondary Accountholder. A “Funding Account” is the Primary Accountholder’s or a Secondary Accountholder’s account at the Bank or a third-party financial institution that is used to add funds to the Primary Account. The Primary Accountholder may load funds to the Primary Account by authorizing Finnest, through the Service, to initiate an ACH transaction from any Funding Account for a specified amount on either a one-time or recurring basis. The Primary Accountholder may authorize a load from any Funding Account used to add funds to the Primary Account. By connecting a Funding Account to the Primary Account, the owner of such Funding Account authorizes any party with access to the Primary Account to initiate loads from that Funding Account. The Primary Accountholder shall remain liable for any value loading to the Primary Account that is authorized by a Secondary Accountholder, regardless of whether such Secondary Accountholder may exceed the scope of his/her authority given by the Primary Accountholder. In no event shall Finnest be held liable for processing any value load requested and authorized by the Primary Accountholder, the Secondary Accountholder, or any other third party accessing the Service with the Primary Accountholder’s log-in access credentials. Limitations on load amounts and associated fees may be found in your Cardholder Agreement.
3. Access to the Service.
3.1. Subject to your acceptance of and compliance with this Agreement, Finnest grants to you a non-exclusive, non-transferable, revocable, limited license to use the Service for your personal, non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute any content that is made available through the Service, except strictly in connection with your proper use of the Service or as otherwise expressly allowed in this Agreement.
3.2. Finnest may change, modify, suspend, or discontinue the Service in its entirety or any aspect of the Service at any time. Finnest may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
3.3. Your use of the Service is conditioned upon your compliance with this Agreement, and any use of the Service in violation of this Agreement may constitute infringement of Finnest’s copyrights in copyrightable aspects of the Service (as applicable). Finnest reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at Finnest’s discretion.
3.4. In certain instances, Finnest or its vendors may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
3.5. The Primary Accountholder agrees to pay the annual subscription fee for the Service (including any sales taxes, surcharges, and any other fees) applicable as of the time he or she submits the order to subscribe to the Service. Please visit www.finnest.co/faq for current annual subscription fee rates. When the Primary Accountholder signs up online for our annual subscription Service, such annual subscription will automatically renew at the original applicable subscription fee upon its expiration, unless the Primary Accountholder cancels the subscription to the Services or changes the renewal settings prior to its expiration. All annual subscription fees are final. The Primary Accountholder acknowledges and agrees that, if such Primary Accountholder cancels his or her subscription to the Service prior to the end of the annual subscription, such Primary Accountholder will not be entitled to a refund of any annual subscription fee paid prior to such cancellation. The Primary Accountholder shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges or similar governmental charges (except for taxes on Finnest’s net income) applicable to the Service or the annual subscription thereto. The Primary Accountholder acknowledges and agrees to pay all applicable fees imposed by the Bank in the amounts included in the Cardholder Agreement
3.6 You hereby acknowledge and agree that the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from Finnest at any time by texting the word STOP from the mobile device receiving the messages to the number from which messages were sent; provided, however, that you hereby acknowledge that opting out of receiving text (SMS) messages may limit or interfere with certain functionality of the Service.
4. Ownership of Intellectual Property.
4.1. Unless otherwise specified in writing, all content and other materials that are part of the Service are owned, controlled or licensed by Finnest and its licensors and are protected by law from unauthorized use. You do not acquire any ownership rights by using the Service, downloading material from the Service or uploading material to the Service. The entire contents available when using the Service are copyrighted under U.S. copyright laws and/or similar laws of other jurisdictions. Finnest, and the Finnest logos, are trademarks of Finnest and may not be used without the express written permission of Finnest.
4.2. You agree to include, and not to remove or alter, Finnest’s trademark, copyright or other proprietary rights notices, as provided by Finnest on or in connection with the Service, and you agree not to challenge Finnest’s ownership or control of any Finnest trademarks, nor use or adopt any trademarks that might be confusingly similar to such Finnest trademarks.
4.3. "Your Information" is defined as any information or content you provide to Finnest or other users, or to which you provide Finnest or other users access, in the registration or transaction process (including without limitation your name, photograph) or through any e-mail or other feature of the Service.
4.4. You hereby grant to Finnest a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right, license, and permission (but not the obligation), in all forms and media, now known or hereafter devised, to exercise all rights you have in Your Information (including without limitation to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform and publish your name and photograph) in connection with providing and improving the Service, subject to our Privacy Policies
5. Terms for App Store Apps
5.1. If you accessed or downloaded the App from the Apple Store, you agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (2) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service as of the effective date of this Agreement. If You accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
5.2. This Agreement is between you and Finnest, and not with App Provider, and that, as between Finnest and App Provider, Finnest is solely responsible for the App.
5.3. App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
5.4. In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund to you any purchase price you paid for the App (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of Finnest.
5.5. App Provider is not responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5.6. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Finnest will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (but solely to the extent required by this Agreement).
5.7. App Provider and its subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App, and, upon your acceptance of this Agreement, App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof. You must comply with applicable third-party terms of agreement when using the App.
5.8. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Passwords. Finnest has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account, and Primary Accountholders are responsible for all actions taken by Sub-Accountholders that such Primary Accountholders register to use the Service. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor and control access to and use of your Service account and password; and (3) promptly inform Finnest of any need to deactivate a password. You grant Finnest and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store and use any information recorded and/or stored in your account in connection with the operation of the Service.
7. Usage Rules. As a condition of your use of and access to the Service, you agree to comply with any application-, tool-, or content-specific rules published within the Service as well as the following usage rules, which Finnest may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 2). You agree that you will not, in regard to the Service or your use thereof (as determined by Finnest in its discretion):
(a) copy, adapt, reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
(b) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
(c) distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program;
(d) cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
(e) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(f) sell the Service or any part thereof;
(g) violate any applicable law, including without limitation any applicable export laws;
(h) harvest or otherwise collect information about others, including email addresses, without their permission;
(i) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(j) engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
(k) further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”
(l) deliberately mislead anyone as to your identity, impersonate another, or allow another person or entity to use your identity in order to access the Service;
(m) engage in conduct that conflicts with the spirit or intent of the Service, including without limitation, by restricting any other user from using or enjoying the Service, or exposing Finnest or another to any liability or detriment of any kind; or
(n) use automated queries, including screen and database scraping, spiders, robots, crawlers, information harvesting, and any other automated activity with the purpose of obtaining content, information or data from the Service, unless you receive the express written permission of Finnest.
9. Disclaimers; Limitations; Waivers of Liability.
9.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THIS DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, AND WITH ANY LEGALLY REQUIRED WARRANTY PERIOD LIMITED TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER FINNEST NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "FINNEST PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY OR ERROR-FREE.
9.2. THE FINNEST PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT THEREOF WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT OR TIMELY.THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FINNEST IS NOT RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OR OTHER PROBLEMS OF TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. THE FINNEST PARTIES DO NOT ENDORSE OR WARRANT ANY FINANCIAL INSTITUTION OR PROGRAM OR ANY PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE.
9.3. THE FINNEST PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF CONTENT OF THE SERVICE IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE FINNEST PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE AND A DETERMINATION IS MADE THAT FINNEST IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE FINNEST PARTIES WOULD BE LIABLE TO YOU FOR, IS THE AMOUNT THE PRIMARY ACCOUNTHOLDER HAS PAID FINNEST IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM.
9.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
9.5. Release. You forever release, discharge and covenant not to sue the Finnest Parties from any and all liability, claims, actions and expenses that may arise, whether caused by the negligence of the Finnest Parties or otherwise, in connection with your use (including use by any minor Sub-Accountholder) of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the Finnest Parties if anything happens to you, your minor child Sub-Accountholder or your property from using the Service or interacting with any party through the Service. You agree that the provisions in this Section 9 will survive any termination of your account(s), the Service, or this Agreement.
10. Indemnification. You agree to defend, indemnify and hold harmless the Finnest Parties from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of your use of the Service or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
11. Copyright Policy; Objectionable Content: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
It is Finnest’s policy to respond promptly to claims of copyright infringement and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Finnest will also terminate a user's account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Copyright Agent
129 Newbury Street, Floor 2
Boston 02116, MA
Telephone Number: (855) 201-6467
13. Governing Law/Waiver of Injunctive Relief.
13.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the U.S. and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (thus, without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
13.2. You acknowledge that the rights granted and obligations made hereunder to Finnest are of a unique and irreplaceable nature, the loss of which will irreparably harm Finnest and which cannot be replaced by monetary damages alone, so that Finnest will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
13.3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Finnest agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to 129 Newbury Street, Floor 2, Boston, MA 02116.
13.4. Mandatory Arbitration. If you and Finnest are unable to resolve a Dispute through informal negotiations within 30 days, either you or Finnest may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which isavailable at the JAMS website, www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
13.5. Notwithstanding the above, you and Finnest agree that arbitration will be limited to the Dispute between Finnest and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
13.6. You and Finnest agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Finnest’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.1. The failure of Finnest to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Finnest’s right to assert or rely upon any such provision or right in that or any other instance.
14.2. You and Finnest agree that if any portion of this Agreement, except any portion of Section 13.6, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 13.6is found to be illegal or unenforceable, then neither you nor Finnest will elect to arbitrate any Dispute falling within that portion of Section 13.6found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and Finnest agree to submit to the personal jurisdiction of that court.
15. Term and Termination. This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or Finnest. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Finnest or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Finnest if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Finnest’s sole discretion.
17. Construction. In this Agreement, unless a clear contrary intention appears: (a) where not inconsistent with the context, words used in the present tense include the future tense and vice versa, and words in the plural number include the singular number and vice versa; (b) reference to any person includes such person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and includes all addenda, exhibits and schedules thereto; (e) the titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement; (f) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or Subsection of this Agreement; and (g) “including” (and with correlative meaning, “include”) means including without limiting the generality of any description preceding such term. You agree that this Agreement will not be construed against Finnest by virtue of having drafted it.
19. Questions?If you have any questions about this Agreement, its terms, your account or your rights hereunder, or if you have any complaints or claims, please contact: Finnest, Inc., 129 Newbury Street, Floor 2, Boston, MA 02116, firstname.lastname@example.org.