FARNAM STREET FINANCIAL WEBSITE TERMS AND CONDITIONS OF USE

This Terms of Use Agreement (“Agreement”) is made by and between Farnam Street Financial (“Farnam,” “us,” “we” and “our”), having a principal place of business in Minnetonka, Minnesota, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement, such websites referred to herein collectively and individually as “website,” or “this website.”

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS FOR PROVIDING CONTACT INFORMATION (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

FARNAM RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FARNAM’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE FARNAM WEBSITE.

NOTHING ON THIS WEBSITE CONSTITUTES AN OFFER FOR PRODUCTS OR SERVICES AND MAY NOT BE RELIED UPON BY YOU AS AN OFFER,  GUARANTEE, WARRANTY, OR PROMISE OF ANY TYPE.  

1. ACCESS TO THIS SITE

To access this website or some of the resources it offers, including contacting Farnam, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Farnam believes the information you provide is not correct, current, or complete, Farnam has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time.

2. RESTRICTIONS ON USE

You may use this website for purposes expressly permitted by this website. As a condition of your use of Farnam’s website, you warrant to Farnam that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Farnam. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Farnam in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use Farnam’s website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.  You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of this Site without our express permission.  Your use of this Site is strictly for your personal, non-commercial use only.  

3. ADDITIONAL USE LIMITATION

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to Farnam’s website.

4. PROPRIETARY INFORMATION

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Farnam, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Farnam or the party that provided or licensed the Content to Farnam, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Farnam.  Modification or use of the Content except as expressly provided in these Terms of Use violates Farnam’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

5. HYPER-LINKS AND STRATEGIC PARTNER DESCRIPTIONS

This website may be hyper-linked to other websites which are not maintained by, or related to, Farnam and may contain information about Strategic Partners that are not related to or endorsed by Farnam. Hyper-links to such websites and information regarding Strategic Partners are provided as a service to users and are not sponsored by or affiliated with this website or Farnam. Farnam may not have reviewed any or all of such websites and information regarding such Strategic Partners and is not responsible for the content of those websites or the descriptions of the Strategic Partners or their products and services. Farnam is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user's own risk and information regarding Strategic Partners is relied upon at the user’s own risk, and Farnam makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to Strategic Partners or their products and services. Farnam provides hyper-links and information about Strategic Partners as a convenience, and the inclusion of any hyper-link to a third-party website or information about a Strategic Partner or its products and services does not necessarily imply endorsement by Farnam of that website, any Strategic Partner, or any association with its operators.

6. SUBMISSIONS

You hereby grant to Farnam the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Farnam through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You further agree that Farnam may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to Farnam through the website in conjunction and in relation to your Submission.  Farnam will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Farnam operations.  

7. DISCLAIMER

You understand that Farnam cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Farnam does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Farnam.  Nothing on this website constitutes an offer for products or services and may not be relied upon by you as an offer, guarantee, warranty, or promise of any type.  All product or services leases and sales are pursuant to separate, written agreements and not this Agreement or any Content.  The Content should not be relied upon by you or any other party for personal, medical, legal, or financial decisions an d you should consult an appropriate professional for specific advice tailored to your situation.   

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FARNAM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FARNAM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARNAM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FARNAM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FARNAM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. FARNAM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Farnam does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

8. LIMITATION ON LIABILITY

FARNAM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FARNAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FARNAM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FARNAM OR THE MINIMUM AMOUNT ALLOWED BY LAW.  

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TERMINATION OR RESTRICTION OF ACCESS

Farnam reserves the right, in its sole discretion, to terminate your access to any or all of Farnam’s websites and the related services or any portion thereof at any time, without notice.

10. INDEMNITY

You will indemnify and hold Farnam, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.

11. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Farnam or the party that provided the trademarks, services marks, logos, and copyrighted works to Farnam. Farnam and any party that provided trademarks, service marks, logos, and copyrighted works to Farnam retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.

All Content is: Copyright © 2015 Farnam Street Financial, All rights reserved.

12. SECURITY

Any passwords used for this website including without limitation any customer or Strategic Partner portal are for individual use only. You will be responsible for the security of your password (if any). Farnam will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Farnam considers insecure, Farnam will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Farnam reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Farnam reserves the right to investigate suspected violations of this Agreement.

Farnam reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Farnam to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FARNAM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FARNAM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FARNAM OR LAW ENFORCEMENT AUTHORITIES.

13. MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of Minnesota, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minneapolis, Minnesota in connection with any dispute between you and Farnam arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive forum for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Minneapolis, Minnesota.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Farnam as a result of this agreement or use of Farnam’s websites.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Farnam with respect to Farnam’s websites.

Farnam may revise this Agreement at any time by updating this posting.

Last Modified: March 17th, 2015