WEBSITE TERMS AND CONDITIONS OF USE May 20, 2024

The Sites at www.financecowboy.com and investwithjaren.com (“the Sites”) are operated by Financecowboy LLC, a South Carolina limited liability corporation having offices at [address] (“Financecowboy,” “the Company,” or “We” or “Our” or “Us”). These Website Terms and Conditions of Use and our separately posted Privacy Policy (collectively “Terms”) together govern your use of the Sites.

By clicking “Accept” or by continuing to access and use the Sites, you acknowledge that you have read and hereby accept and agree to be bound by and to comply with these Terms and applicable laws and regulations in connection with your use of the Sites.

These Terms do not modify or supersede the terms of any written agreements between you and Financecowboy. In the event of a conflict between these Terms and those in a written agreement between you and the Company, the terms of the written agreement shall control.

The Sites are not for those who are under 18 years of age. By using the Sites, you represent and warrant that you are at least 18 years old and can form a legally binding contract with Us under applicable law.

Changes to These Terms

Financecowboy may change, modify or update these Terms and Conditions of Use at any time. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on this page which is accessible on both Sites. The date of the last revision of the Terms will appear at the bottom of these Terms. You are responsible for reviewing the Sites periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions to the Terms. Any access or use of this Site by you after any such changes shall constitute your acceptance of the new Terms, whether or not you have actually reviewed them.

Reliance on Information on the Sites.

While We strive to be as accurate as possible, the information provided on or through the Sites may contain errors, omissions, or typographical errors. Such information is provided for information and reference only.

The information provided on the Sites is for reference and informational purposes only and does not take the place of professional financial, legal, medical or psychological services or advice. None of the content on the Sites prevent, cure or treat any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. We disclaim any liability for your reliance on any opinions or advice contained in the Sites.

The Sites are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation.

INTELLECTUAL PROPERTY

The Sites include materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics, as well as their selection, assembly, and arrangement (collectively as “Content”). Unless otherwise noted, We or our third party licensors own all Content. You may view, download, print, email and use the Content from this website for personal, noncommercial purposes only. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots or similar data gathering and extraction tools at the Sites. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Financecowboy, Our corporate partners, or suppliers and vendors (collectively, the “Partners”) without Our express, written consent. You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without our express written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Our authorized representative is strictly prohibited.

Use of Trademarks. You must not use Our or Our Partners’ or licensor’s trademarks, including all company names, logos, product and service names, designs and slogans, without Our prior written permission.

Equitable Relief. You agree that the breach of these Terms or the infringement or misappropriation of any of Our intellectual property or that of Our Partners or licensors shall cause irreparable injury for which remedies at law will be insufficient and/or difficult to quantify. Accordingly, We shall have the right to injunctive or equitable relief in any court of competent jurisdiction, without the necessity of posting bond or any other surety.

Notice and Procedure for Making Claims of Intellectual Property Infringement.

If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Sites, or items advertised on the Sites, please contact Us promptly so that We may investigate the situation and, if appropriate, block or remove the offending Content. In order for Us to investigate your claim of infringement, you must provide Us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed;
  • A description of where the material that you claim is infringing is located or identified on the Sites;
  • Your name, address, telephone, number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the information submitted to Us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to Financecowboy’s agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

By Mail: Heather Tucker, DMCA Agent, 713 East Greenville St., PMB 204 Anderson, SC 29621

By Email: to Heather Tucker at heather@financecowboy.com

By Phone: 973-303-2250

Your Submissions

Certain features on the Sites may allow you to post, link, store, share and otherwise make available (“Publish” or “Publication”) certain information, text, graphics, videos, or other material (“Submission”). You are responsible for the Submission that you Publish on or through the Sites, including the Submission’s legality, reliability, and appropriateness.
By Publishing Submission on or through the Sites, you represent and warrant that: (i) you own or have the right to use the Submission; (ii) that you have the right to grant us the rights and license as provided in these Terms, and (iii) that Publication of your Submission on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, or the Terms.

You retain all ownership of your Intellectual Property Rights to any Submission you Publish on or through the Sites, subject to the rights and permissions granted in the Terms. It is your responsibility to protect your rights in the Submission. We take no responsibility and assume no liability for such Submission. You are solely responsible for the legality, accuracy, reliability, and appropriateness of your Submission.

You hereby grant to us and our affiliates and representatives a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license and right: (A) to use, modify, distribute, reproduce, transmit, publish or republish, display, translate, adapt, create derivatives of, and perform the Submission, in any manner or form: (i) to provide the Sites and otherwise perform our obligations hereunder; (ii) to monitor and improve the Sites and for any other further internal business purposes of Financecowboy and Our affiliates; and (iii) in connection with the development, distribution and licensing of any product or service offered by Us or Our affiliates, provided that the Submission included in products or services offered to third parties will be in an aggregated and de-identified format; and (B) to use and incorporate into the Sites and Our other products and services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Sites or other services provided by Us or Our affiliates. You agree that this license includes the right for Us to make your Submission available to other users of the Sites, who may also use your Submission subject to these Terms.

The Submission must comply with all applicable federal, state, local and international laws and regulations. The Submission must not:

  • Contain any defamatory, obscene, abusive, offensive, indecent, harassing, violent, hateful, inflammatory, sexually-explicit, pornographic, or otherwise objectionable material;
  • Promote any illegal activity, violence, or discrimination based on race, sex, religion, nationality, disability, or sexual orientation;
  • Infringe any Intellectual Property Rights, privacy or publicity rights, or other legal rights of another person;
  • Be likely to mislead or deceive another person, including by impersonating another or misrepresenting your identify or affiliation with another person or organization;
  • Involve any commercial activity or contests, sweepstakes, or other promotion, advertising, or sales;
  • Create the false impression that the Submission emanates from or is endorsed by us or another organization.

We have the right but not the obligation to monitor and edit your Submission. We have the right to remove or block any Submission for any or no reason in Our sole discretion. We have the right to take any action with respect to any Submission that we deem necessary or appropriate in Our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Our users or the public, or could create liability for us. We may disclose your identity or other information about you to any third party who claims that your Submission violates their rights, including their intellectual property rights or their right to privacy.

ACCEPTABLE USE OF THE SITES

You must comply with applicable law or regulation in connection with your use of the Sites. By accessing and using the Sites, you confirm that (i) your use of the Sites does not breach any applicable law or regulation; and (ii) unless otherwise authorized by Us in writing, your use of the Sites is for your own personal and non-commercial purposes only.
You shall not, and will not permit any other person to:

(i) copy, reproduce, share, disclose, publicly perform, reverse engineer, disassemble, decompile, decode, modify, create derivative works of or translate the Sites, in whole or in part, or from Our online courses except where such copying is incidental to normal use of the Sites, or where it is necessary for the purpose of back-up or operational security;
(ii) rent, lease, lend, sell, sublicense, assign, distribute, publish or republish, transfer or, otherwise make available the services to any other person, including on or in connection with the internet or any time-sharing, service bureau, software-as-a-service, cloud or other commercial activity for use by third parties or permit the Sites or any part of them to be combined with, or become incorporated in, any other programs;

(iii) bypass or breach any security device or protection used by the Sites other than by your access credentials, and will not access the services by any means other than through interfaces expressly authorized by Us and these Terms;

(iv) input, upload, transmit or otherwise provide to or through the Sites any information or materials that are unlawful or injurious, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another person’s privacy, promote illegal activities, or contain, transmit or activate any harmful or malicious code (including but not limited to any spyware, virus, worm, Trojan horse, keystroke logger or any other code or files or programs with the ability to interrupt, destroy or compromise or otherwise limit the functionality of the Sites or any computer software or hardware or system or telephonic equipment);

(v) damage, destroy, disrupt, disable, impair or compromise, scrape content from, impose a disproportionate load on or otherwise overburden, interfere with or impede or harm in any manner the Sites, Our systems, security, or Our provision of services to any third party, in whole or in part;

(vi) collect other users’ information, solicit login information or access an account belonging to someone else or otherwise access the Sites or Our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Sites;

(vii) disclose any other user’s personal information without their prior express consent or agreement;

(viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or manipulate any identifiers to disguise the origin of a message;

(ix) access or use the Sites in any manner or for any purpose that infringes, misappropriates or otherwise violates any patent, copyright, trademark or any other intellectual property right (collectively, “Intellectual Property Rights”) or any other right of Brand Health Direct, our affiliates, or any third party or that violates applicable law or the Terms; or

(x) delete, cover or alter any watermark, metadata, tracking materials, notices or disclaimers We added to the Sites;

(xi) transmit, send or deliver unsolicited communications or for other marketing or advertising purposes; or

(xii) facilitate or encourage any breach by any other party of the Terms or any part thereof.

You acknowledge that We have no obligation to monitor your access to or use of the Sites for breaches of these Terms, or to review or edit any content. However, We reserve the right to do so for any or no reason, including for the purpose of operating and improving the Sites (including without limitation for fraud identification and prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body.

Where permitted by law, We reserve the right to investigate, involve and cooperate with appropriate regulatory and/or law enforcement authorities or court order regarding any activities relating to the Sites, including the disclosure of the identity or other information of any user. Financecowboy may, without notice, refuse access to the Sites, in whole or part, to any person that fails to comply with these Terms.

DISCLAIMERS

DISCLAIMER OF WARRANTIES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH FINANCECOWBOY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR ANY PART THEREOF. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NO GUARANTEE OF RESULTS OR EARNINGS

WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACHIEVEMENT OF PERFORMANCE, EARNINGS, OR RESULTS THAT YOU MAY ACHIEVE AND WILL NOT HAVE ANY OBLIGATION IN THAT AT RESPECT. WE DO NOT GUARANTEE SPECIFIC RESULTS AND YOU UNDERSTAND THAT INDIVIDUAL RESULTS VARY, AND PAST PERFORMANCE DOES NOT NECESSARILY PREDICT FUTURE PERFORMANCE.

GEOGRAPHIC RESTRICTIONS. We control and operate the Sites from offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LINKS TO THIRD-PARTY PRODUCTS, SERVICES, OR SITES

We may provide links to third-party products, services, or websites on the Sites for your convenience. The provision of these links do not consititute sponsorship, endorsement, or approval by Us of the content, policies, and practices of the third parties or their products or services. These linked websites are not operated, controlled, or maintained by Us and are subject to separate terms and conditions. Financecowboy is not responsible for or liable for any content on or actions taken by such third-party company or website. Although We may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Financecowboy and its directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Sites and any products or service provided to you arising out of or relating to your use of the Sites. The foregoing indemnification obligation shall survive termination of these Terms and the Sites and any product or service provided to you arising out of or relating to your use of the Sites.

LIMITATION OF LIABILITY

FINANCECOWBOY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING THE MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FINANCECOWBOY, ITS AFFILIATES, OR ITS AND THEIR LICENSORS, SUB-CONTRACTORS OR CONSULTANTS (COLLECTIVELY, “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOSS OF BUSINESS OR REVENUE OR PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, BREACH OF DATA OR SYSTEM SECURITY, DAMAGES RESULTING FROM DELAY OR INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITES AND/OR OUR CONTENT, OR OTHER SIMILAR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (WHETHER OR NOT THERE IS NEGLIGENCE BY FINANCECOWBOY OR ITS REPRESENTATIVES), STRICT LIABILITY AND OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FINANCECOWBOY SHALL NOT BE LIABLE FOR ANY DAMAGES OCCASIONED BY THE ACTS OR OMISSIONS, WHETHER INTENTIONAL OR NOT, OF YOU OR OTHERS WHO INPUT OR GENERATE ANY PART OF THE CONTENT INCLUDED IN THE SITES AND/OR OUR CONTENT. IN NO EVENT SHALL FINANCECOWBOY’S TOTAL LIABILITY TO YOU UNDER THESE TERMS EXCEED $50.

DISCLOSURE OF RELATIONSHIPS.

Financecowboy LLC believes in honesty. The advertising content, topics, partners we recommend, or posts on the Sites may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as paid or sponsored content.

Even though we receive compensation for some of our posts, online content, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on the Sites are purely those of Financecowboy LLC. Any product claim, statistic, quote or other representation about a product or service may have been provided to Financecowboy LLC by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
Financecowboy LLC does not have relationships that might present a conflict of interest or influence the content of the Sites.

GENERAL TERMS

Governing Law, Venue. These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws. The state or federal courts located in Anderson, SC shall have exclusive jurisdiction over any case or controversy arising from or relating to the Sites, including but not limited to these Terms. By using the Sites, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS, YOUR USE OF THE SITES OR, IF AVAILABLE, ANY PRODUCTS OR SERVICES YOU PURCHASE USING THE SITES. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.

Attorneys’ Fees. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

Waiver and Severability. No waiver by Us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Financecowboy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

Force Majeure. We shall not be liable for any nonperformance or delay in performance caused by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of any principal of Financecowboy or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Our reasonable control (collectively, “Force Majeure Event”).

Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, For clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties. No waiver by Us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Contact

If you have any questions or concerns about these Terms, contact Leah@financecowboy.com.

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