Terms of Service

Last updated 04/19/2021

Welcome to fadialkhoury.com! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the services and the website, including any browser extensions, mobile applications and other downloadable apps we provide, so please read them carefully.

By using our site, you are agreeing to these Terms and the use of your Personal Information as described in our Privacy Policy. If you do not agree to these Terms, do not use our site.

We may periodically revise the Terms. If a revision becomes available we will notify you, for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use our site after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using our site.

Your Account

To use our site, you may need to create an account, either via our site or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address, and other information that your privacy settings on that service allow us to access, will be used to create your account

You are responsible for safeguarding your login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Your Content

By using our site, you provide us with information (“your content”) that specifies the financial simulation you would like us to perform for you. You retain full ownership of your content - what belongs to you stays yours. You can remove your content by deleting it.

You may only use our site as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:

Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from our site, or use our site in any way other than through our publicly supported interfaces;
Access, tamper with, or use non-public areas of our site, computer systems, or the technical delivery systems of our providers;
Probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
Decipher, decompile, disassemble or reverse engineer any of the software used to provide our service;
Plant malware or use our site to distribute malware;
Violate the privacy of others;
Violate any applicable law or regulation;
Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;
Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing our site, or introducing any other material or content which is malicious or technologically harmful;
Attack our site via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of our site;
Attempt any of the above, or encourage or enable any other individual to do any of the above.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Confidentiality

Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.

Termination

We may terminate or modify your access to and use of our site, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use our site in any way that would cause us legal liability or disrupt others’ use of our site.

Likewise, you may cancel your account at any time, although we will be sorry to see you go.

If we suspend or terminate your use of our site, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.

Publicity

Unless otherwise specified, our site may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as a customer on our website and other marketing materials.

Warranty Disclaimers

OUR SITE IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our site. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnity

You will hold harmless and indemnify us and our affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of our site or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVW BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO US SHALL BE NO MORE THAN THE GREATER OF $5 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

Terms of Paid Service

If you purchase a service via our website, the following terms of subscription will apply to you:

Billing and Payment. If you purchase a service via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize us (or its designee) to automatically charge your Credit Card in accordance with the applicable order. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us.

Taxes and Fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on our net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.

Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.

General Terms

By visiting our website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. These Terms constitute the entire and exclusive agreement between you and us, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. We may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at support@fadialkhoury.com.