Welcome to FinIQ & Trading LLC (“the Site,” “the service,” ”services”, “us,” “we”, "our", "company", "website", "Her Financial IQ", "Her FinIQ", "HerFinIQ", “Fin IQ” "FInIQ" "Financial IQ + Trading"). The Site is operated by FinIQ & Trading LLC (the "Company," "we," “our” or "us”). By accessing or using our Site or services you signify that you have read, understand, and agree to be bound by these Terms and Conditions ("Terms and Conditions or “Agreement"), regardless of whether you are a registered user of the Site.  By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”).  These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You must be at least 13 years old or older to gain access to our website and its contents. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our services.  
Any new features or services which are added, at our sole discretion, shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This is a legal agreement between You and FinIQ & Trading LLC. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement.

These Terms and Conditions were last updated on July 15th, 2021.

Section 1 – Account Creation
You need an account for most services provided by the Company, including to purchase and enroll in a course or service. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.

Users must be at least 18 years of age to create an account on FinIQ & Trading LLC and use the Services. If you are below this age of consent to use online services, you may not create an account. If we discover that you have created an account that violates these rules, we will terminate your account.

 

Section 2 - Access to the Service.

2.1.     Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial, private use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other website or networked computer environment, except as specifically allowed in this Agreement. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.

2.2.      Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.

2.3.      You expressly agree that the content of the Service may be viewed and accessed only by end users (i.e., you), and not by any other website or web publisher (e.g., you assisting in the “scraping” of content is express forbidden).

 

Section 3 - Intellectual Property.

3.1.     Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Company and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, text (including without limitation, exam and survey questions) (the “Content”), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. FinIQ & Trading LLC and Company logos are trademarks of Company and may not be used without the express written permission of Company. You do not acquire any ownership rights by using the Service or downloading material from the Service, you have during this Agreement only the limited right to use the Service for your personal education.

3.2.     If you elect to submit to Company any essay or other works of authorship or comments, feedback, suggestions, ideas and other submissions in connection with your use of or otherwise relating to the Service, whether in writing or orally (collectively, “Submissions,” but excluding any material to the extent it constitutes an “education record” under that federal law known as Family Educational Rights and Privacy Act), you agree in consideration of your use of the Service that Company may use such Submission (including reproduce, distribute, perform and display), modify such Submission, and act on such Submission (by executing on an idea, practicing a process, making, offering and selling a product, or creating further ideas, processes or products from or incorporating your Suggestion), in each case without owing any royalty or otherwise accounting to you, and you agree to not assert any right you may have in such Suggestion against Company or any party Company authorizes to act on the foregoing rights or any successor-in-interest to Company. You agree such rights may be exercised or further authorized anywhere in the world and will survive any termination of your account(s), the Service, or this Agreement. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.

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Section 4 - Usage Rules. 

As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) 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; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; (g) allow another person or entity to use your identity in order to access the Service; or (h) publicly post or otherwise disseminate any details regarding the Service’s questionnaires (including the questions or answers) except fair use of such details under applicable copyright law for scholarly or newsworthy purposes.

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Section 5 - Privacy and Protection of Personal Information.

Notwithstanding anything else to the contrary contained in these Terms of Use, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy listed below.

 

Section 6 - No Professional Advice.

All information provided by the company, its representatives or clients, whether through its website, social media, classes, tutoring or seminars is solely for educational purposes. Neither FinIQ & Trading LLC nor any of its representatives provide certified financial, tax, or legal advice. No investment decision should rely upon any information provided by the company, its representatives or clients. Please consult with your investment advisor, attorney, and/or tax professional regarding your specific situation.

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Neither FinIQ & Trading LLC nor any of its owners or employees is registered as a securities broker-dealer, broker, investment advisor, or investment advisor representative with the U.S. Securities and Exchange Commission, any state securities regulatory authority, or any self-regulatory agency. 

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Customers may interact and communicate with each other over platforms provided or facilitated by FInIQ & Trading LLC including on social media and in a classroom setting. FinIQ & Trading LLC undertakes no responsibility to review or determine the accuracy of any statements made by other customers. Information provided by customers could be unreliable and inaccurate. Some information provided by the company or its customers may include past investment results. These results may be atypical and will vary from investor to investor.

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Section 7 - Disclaimers; Limitations; Waivers of Liability.

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7.1.   YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “FIN IQ PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

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7.2.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIN IQ PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE FIN IQ 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, THE PARTIES INSTEAD AGREE THAT THE FIN IQ PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS.

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7.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY 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 OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

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Section 8 - Release.

Unless you are a governmental organization, you forever release, discharge, and covenant not to sue the FINIQ Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the FINIQ Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the FINIQ Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

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Section 9 - Indemnification.

You agree to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

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You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Services.

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Section 10 - Objectionable Content/Copyright Takedown.

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 at info@finiqtrading.com so we can evaluate the claim and take appropriate action.

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Section 11 - Third Party Sites and Products.

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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Section 12 - Governing Law and Dispute Resolution. 

These Terms and Conditions and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey.

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The laws applicable to the interpretation of this Agreement shall be the laws of the State of New Jersey, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Essex, New Jersey. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Newark, New Jersey with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

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You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Essex County, New Jersey, and waive any objection to such jurisdiction or venue. 

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THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 

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Section 13 –Refund and Cancellation Policy.

Classes, training and tutoring services are eligible for a full refund within 14 days of purchase provided that the class, training or tutoring service has not commenced. No refund will be due to you if you request the refund after the 14 day time limit has passed or once the class, training, or tutoring service has commenced. 

 

Certain services are offered on a subscription based model. If you sign up for these services you will automatically be charged monthly. You may cancel your subscription at any time. You are responsible for the full subscription fee in the monthly billing cycle in which you cancel. Once your account has been billed, all sales are final and there will be no refunds. 

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Section 14 – Severability.

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.  

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Section 15 - Miscellaneous.

Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. This Agreement contains the entire understanding of you and Company, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

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Section 16 - Statute of Limitations.

You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policies) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

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Section 17 - Changes to this Agreement. 

You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

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Section 18 – Entire Agreement

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

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Section 19 – Contact Information 

Questions about the Terms and Conditions should be sent to us at hello@herfiniq.com