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Terms of Service
Welcome to FinancialNudge.com.

By using the FinancialNudge.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and make use of the website service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by FinancialNudge.com from time to time, such modifications to be effective upon posting by FinancialNudge.com administration ("Admin") on the Website. This Agreement includes FinancialNudge.com Acceptable Use Policy for Content Posted on the Website, FinancialNudge.com Privacy Policy, and any notices and future amendments to this agreement regarding the Website. You may receive a copy of this Agreement by emailing us at: admin@familynudge.com, Subject: Terms of Use Agreement.

1. Eligibility
You must be eighteen years of age or older to register as a member of FinancialNudge.com or to use the Website. Anyone under the age of 18 years may create a profile and use the functionalities of the website ONLY with parental or legal guardian permission and under their supervision through the parent's or legal guardian's profile, the parent or legal guardian being fully responsible under these Terms for any content or graphics posted to the website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership is void where prohibited.

2. Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by sending an e-mail to helpdesk@financialnudge.com and placing "Request to Discontinue Service" in the Subject line. FinancialNudge.com may terminate any membership for breach of agreement or for non-payment, effective upon sending Notice of Termination to the e-mail address provided in your account. If FinancialNudge.com terminates your membership in the Service for Breach of Agreement, refunds of unused subscription fees will be forfeited. If membership is terminated, this Agreement will continue to remain inforce.

3. Non Commercial Use by Members
The Website is intended for personal and family use only. Organizations, companies, and/or businesses may not become Members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited e-mail, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on FinancialNudge.com
FinancialNudge.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FinancialNudge.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site
a. Admin may review and delete any content, messages of any kind, photos, or entire profiles (collectively, "Content") that, in the sole judgment of FinancialNudge.com, violate this Agreement or which may be offensive, illegal, or that may violate the rights, harm, or threaten the safety of Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c. By posting Content to any public area of FinancialNudge.com, you automatically grant, and you represent and warrant that you have the right to grant, to FinancialNudge.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FinancialNudge.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

* is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

* harasses or advocates harassment of another person;

* involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

* promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

* promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

* provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

* provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

* solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

* engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e. The Service must be used in a manner consistent with any and all applicable laws and regulations.

f. Telephone numbers, street addresses, last names, URLs or e-mail addresses may not be include in your Member profile.

g. Chain letters or junk email to other Members may not be transmitted throught this website. Although FinancialNudge.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FinancialNudge.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FinancialNudge.com deems appropriate in its sole discretion.

6. Copyright
Copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights may not be posted, distributed, or reproduced in any way. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Admin with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7. Subscription
Subcriptions are limited to 1 per person (spouses may register individually).

8. Member Disputes
FinancialNudge.com Members are individually and solely responsible for your interactions with other members. FinancialNudge.com. reserves the right, but has no obligation, to monitor disputes between members.

9. Personal Privacy
Personal contact information such as e-mail addresses, home addresses, telephone numbers and last names should not be used on profiles and should only be given out when you know the person receiving the information can be completely trusted. E-mail addresses, home addresses and telephone numbers are restricted from profiles. Use of the Website and/or the Service is also governed by our Privacy Policy.

10. Disclaimers
FinancialNudge.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FinancialNudge.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FinancialNudge.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FinancialNudge.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FinancialNudge.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FinancialNudge.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FinancialNudge.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will FinancialNudge.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if FinancialNudge.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FinancialNudge.com's liability for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FinancialNudge.com for the Service during the term of membership.

12. U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Indemnity.
You agree to indemnify and hold FinancialNudge.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

14. Other.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FinancialNudge.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Privacy Policy

We at FinancialNudge.com have created this privacy policy to demonstrate our firm commitment to protecting your personal information and informing you about how we handle it. This privacy policy only applies to transactions and activities in which you engage, and data gathered, on the FinancialNudge.com website. Please review this privacy policy periodically as we may modify it from time to time. Each time you visit the Website or provide us with information, by doing so, you are accepting the practices described in this privacy policy at that time. This privacy policy was last revised December, 2007.

IP Address

When visiting the website, your IP address is automatically collected and the web page from which you came is noted. In order to administer and optimize the website for you and to diagnose problems with the website, we use your IP address to help identify you and to gather broad demographic information about you.

Cookies

FinancialNudge.com uses cookies to keep track of your transactions and other activity on the website, and to enhance your experience on the website. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal and financial information so you do not have to reenter it each time you visit the Site. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the website.

Information We Collect From You

In order to operate the website and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (information that could be used to contact you directly such as full name, postal address, phone number or e-mail address), "financial information" (credit card numbers or passwords) or "demographic information" (information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. Personal contact information, such as e-mail addresses and phone numbers are restricted from your Profile. Any information you enter on your profile may be posted publicly on the website, and the information will then be treated as "demographic information" that is "public information."

Information Other Websites Collect From You

Personal profiles created on the FinancialNudge.com family of websites may contain links to other websites owned and/or operated by other parties. Any such links are placed there only by individual profile creators and should be used with caution. We encourage you to review their privacy policies. FinancialNudge.com accepts absolutely no responsibility for the content or actions of other websites. How We Use Personal Information

E-mail addresses and other personal information are used to help us efficiently operate the website, to contact you in connection with your transactions and other activities on the website including, but not limited to, confirmation e-mails or important news that could affect your relationship with FinancialNudge.com, and to forward messages to you from other FinancialNudge.com users. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain messages such as special offers from FinancialNudge.com.

Personal information is also used for sending newsletters, information, offers and other promotional materials for FinancialNudge.com. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information.

To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services and order fulfillment and promotional fulfillment. We require these entities not to use your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the website, or electing to receive communications (such as e-mails or subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the website, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.

In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the website. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies". If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party, may use to read cookies that it, or its clients, may have placed on your browser at other (non-FinancialNudge.com) web sites before your visit to FinancialNudge.com. This technology is used to measure the effectiveness of advertisements on such other websites that promote Co-Branded Pages.

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.

How We Use Financial Information

We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the website, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the website, or by participating in programs offered on the website that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your financial information.

Special Cases in which we Share Personal and Financial Information

Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of FinancialNudge.com or other visitors to the website. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

How We Use Public Information and Other Demographic Information

We may review all demographic information. We may use public information to enable other users to find your profile, to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the website and communications to your interests. When we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information, other than the content of one-on-one communications between you and other members. We may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Special Cases in which we Share Personal and Financial Information." Also, to read further details about how we may use your public information, see our

Our Security Precautions

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.

Changing our Privacy Policy for Previously Gathered Information

If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Site. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.

How You Can Access and Update Your Email Preferences, Personal Information and Public Information

We give you the opportunity to modify personal information or demographic information you have provided to us, and to hide your profile information for other public users. Please be aware that it may take several hours for some changes you make to take effect on the public areas of the website as Admin must approve profile changes before they are posted. We thank you for your patience. Please note that changing or deleting your information will only change or delete the data in our database for purposes of future activities on the website and for managing future communications from FinancialNudge.com. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or credit card companies or any other third parties, all as provided above in this privacy policy. If you have any questions or concerns about this privacy policy, the practices of the website, or your dealings with Financial Nudge, L.L.C., you can contact us at helpdesk@financialnudge.com.