The following terms, together with any policies they expressly incorporate by reference (collectively, the “Terms of Service”), establish the terms and conditions that apply to your use of the Service (as described in the “Description of the Service” section below) as owned and operated by Fion LLC (“Fion,” “we”, “our,” or “us”).
Please read the Terms of Service carefully before using the Service. By accepting electronically (for example, clicking to accept or agree to the Terms of Service when this option is made available to you), installing, accessing, or using the Service, you agree to be bound by the Terms of Service. If you do not wish to agree to these Terms of Service, you must not use the Service.
The Service includes the website located at www.fion.co (as may be updated, relocated, or otherwise modified from time to time), along with our related websites, applications, our electronic communications (including email and text messages), and other services provided by us. The Service is a personal finance information management tool that allows you to consolidate and search your financial transactions, including through the aggregation of your financial account information (“Account Information”) from financial institutions with whom you have a contractual relationship (“Third Party Sites”).
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of this website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.
The term of these Terms of Service will commence when you first access or use the Service in any way and will continue so long as you continue to access or use the Service, unless earlier terminated by us. Fion may take whatever lawful actions it deems appropriate in response to actual or suspected violations of these Terms of Service including the termination of these Terms of Service, the suspension or termination of your access to the Service, or blocking you from access to the Service. Further, you agree that Fion shall not be liable to you or any third party for any termination of your access to the Service.
You acknowledge and agree that the Service and its entire contents, including any modifications, enhancements, and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein are owned by Fion and its licensors, as applicable. Fion grants you the right to view and use the Service subject to these Terms of Service. You agree not to use, nor permit any third party to use, the Service in a manner that violates any applicable law, regulation, or these Terms of Service.
You acknowledge and agree that Fion has acquired, and is the owner of, common law or registered trademark rights in the name and word mark “Fion” and in the other marks and design marks displayed in the Service. You may not use our name or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All marks shown in the Service but not owned by Fion are the property of their respective owners.
FION SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DISPUTE YOU HAVE WITH ANY OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FION AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Any computer system, service, or electronic device, whether it is yours, a service provider’s, a network operator’s, or ours, can experience unanticipated outages, slowdowns, or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions, or when interrupted by circumstances beyond our control. Fion will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to any of the foregoing or for any other unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
To the fullest extent permitted by law, you shall defend, indemnify and hold harmless Fion and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees and lost revenues, in whole or in part arising out of or attributable to any breach of these Terms of Service or any activity by you in relation to your use of the Service.
No waiver of any term or condition set forth in these Terms of Service 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 to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
All matters relating to these Terms of Service and your use of the Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by the laws of the State of Delaware without regard to any conflict of laws provisions. You and Fion agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Fion shall still be allowed to apply for injunctive remedies (or an equivalent type of legal relief) in any jurisdiction.