Terms & Conditions

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NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT

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Terms of Use and End Users License Agreement

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
Terms of Use and End Users License Agreement ("Terms of Use")

The following software and subscription services are being provided to you by fincap Inc. ("fincap") d/b/a Smart Alto. As such, by agreeing to access such software and services, the end-user ("Client") hereby agrees to abide by the terms and conditions outlined below vis a vis Client and fincap in addition to any terms and conditions agreed to by and between fincap and Client pursuant to a previously entered into Student Purchase Agreement ("Agreement").

By subscribing to fincap you become a Client of fincap. fincap offers services to you, the Client, conditioned on your agreement to adhere to the following Terms of Use without modification or reservation of any kind.

Client's agreement with fincap and/or use of fincap's services constitutes Client's unconditional acceptance to these Terms of Use. These Terms of Use are subject to change by fincap, in its sole discretion, at any time, without prior notice by posting upon its website.

Client understands that billing will occur as a monthly, quarterly, or annual subscription fee as outlined during the signup process along with any upgrades, enhancements, or fee based services that Client may agree to within the Service or from the order page on fincap's website, or that of its affiliates, until Client cancels their subscription. Client may cancel at any time by clicking the “Cancel My Account” button found within your account. While logged into your Smart Alto account, navigate to the “Settings” section and select the “Billing” tab. Next, follow the prompts to complete your cancelation.

In the event that Client's designated primary payment method declines for any subscription fee or additional charge that Client incurs, Client authorizes fincap to bill any and all additional credit cards or payment methods on file from Client with fincap to satisfy Client's outstanding balance(s).

Based upon the Client's agreement to adhere to, and fully comply with, these Terms of Use, fincap grants and conveys to the Client, during the term of Client's valid subscription, a non-exclusive, non-transferable license to use the data, information and services provided through the fincap website subject to the License Restrictions set forth hereafter.

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License Restrictions
Client represents, warrants, affirms and agrees that the data, information and services provided by fincap to Client will only be used by Client and that Client will not permit or allow the data, information and services to be used by any agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity unless Client has the appropriate subscription allowing such expanded use. Client consents that Client’s search volume, and that of any Team Member(s) on Client’s account, is monitored to avoid abuse, data duplication, “data mining”, and excessive or otherwise non-customary search and usage patterns. Any such actions will be determined by fincap in its sole discretion and will result in an immediate termination of Client’s account. Client further represents, warrants, affirms and agrees that Client will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by fincap to Client in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

1. Use other than Client's own personal use, i.e. no commercial purpose or use, or use of Client's account by others is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history unless Client has the appropriate subscription allowing such expanded use.

Team Accounts
Team Accounts may only be used by Team Members and each Team Member must agree to Terms of Use & End User License agreement before being granted access. Team Members are limited to designated individuals who have a bona fide relationship with the business that holds the Primary Account and have a legitimate business need to access and use fincap's services in connection with the business that holds the Team Account. Team Members must be either employees, or direct consultants or contractors of the Primary Account Holder. A Team Member may not use the Service to find, evaluate, contact investments or listing opportunities for their own personal uses or for any business other than that of the Primary Account Holder. The solicitation or acceptance of money, or anything else of value, by the Primary Account holder in exchange for granting access to fincap's services to a Team Member is strictly prohibited and will result in the immediate termination of the Account and may subject Account Holder(s) to additional damages as permitted by law.

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Acceptable Use Policy

By using the services, you agree that:

1. You will only use the services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
2. You will not use the services to cause nuisance, annoyance or inconvenience.
3. You will not use the services, or any content accessible through the services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any individuals.
4. You will not violate the publicity or privacy rights of another individual
5. You will not copy or distribute any content displayed through the services.
6. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the services except for your personal, noncommercial use.
7. The information you provide to us or otherwise communicate with us is accurate.
8. You will not use the services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
9. You will not attempt to gain unauthorized access to any part of the services and/or to any service, account, resource, computer system and/or network connected to any of our servers.
10. You will not deep-link to the services or access the services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
11. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
12. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.
13. You will not violate any state or federal law designed to regulate electronic advertising;
14. You will not upload pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.

Privacy and Security
We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

By signing up for a paid subscription, you represent and warrant that, as required by applicable law:

1. You adequately disclose any collection and use of personal information received from us;
2. You agree to abide by all applicable email marketing, privacy, and data protection laws when communicating with any individuals whose personal information you received from us;
3. You will protect your user credentials and notify us of any unauthorized use of your user credentials; and,
4. You agree to notify us of any complaints or privacy requests regarding our Services from individuals whose personal information you received from us.

Proprietary Rights
Client represents, warrants, affirms and agrees that the data, information, services and fincap name are proprietary information and property of fincap, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Client's license only allows Client to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use during the term of Client's valid subscription.

Consequences of Non-Compliance with Terms of Use
At any time that fincap believes, in its sole discretion, that Client has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, fincap may immediately terminate Client's license and fincap may at its sole discretion provide Client with a pro-rata refund (minus time and data accessed during the term of the subscription). A pro-rata refund is at the sole discretion of fincap and will vary depending on severity of Non-Compliance.

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Terms of Subscription
The term of Client's subscription could be one month, but automatically renews month-to-month unless terminated by Client or fincap. Or the Client’s subscription could be one quarter, but automatically renews quarter-to-quarter unless terminated by Client or fincap. Or the Client’s subscription could be one year, but automatically renews year-to-year unless terminated by Client or fincap. 

Termination
fincap reserves the right to cancel subscription services and this license to Client at any time for any, or no reason whatsoever, without recourse to Client beyond a pro-rata refund of the monthly subscription/license fee paid by Client for the remaining days of the then-current month of prepaid fees.

The Client may cancel the Client's subscriptions at any time. All fees due to fincap up to the end of the then-current billing cycle at time of termination shall remain payable to fincap.

The Client may terminate their contract in any of the following ways:

1. By clicking the “Cancel My Account” button found within their account. While logged into their Smart Alto account, navigate to the “Settings” section and select the “Billing” tab. Next, follow the prompts to complete your cancelation.
2. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to: fincap ATTN: 1500 FIRST AVENUE NORTH BIRMINGHAM, AL 35203.
   
   

Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Client's subscription.

Client Services
Client affirms that all of the information Client provides to fincap, whether online or otherwise, is accurate and complete. Client also agrees to update fincap with current and accurate information, if at any time the information Client provided to fincap changes, fincap reserves its right to terminate or suspend access to fincap services to any Client whose information fincap believes, at fincap's sole discretion, to be inaccurate or misleading.

fincap may from time to time offer eligible Clients promotional opportunities. Not all Clients may be eligible to receive all promotional opportunities.

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OTHER SERVICE PROVIDERS- NON-LIABILITY OF fincap
From time to time fincap may include on its websites, software, or service, third-party service providers not associated with fincap, such as Marketing Services, Ringless Voice Mails, E-Mail Services, and Direct Mail Services. fincap lists these services solely as an accommodation to its clients. fincap is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these third-party service providers. It is the Client's responsibility, and fincap encourages this for all clients, to independently investigate the qualifications of each service provider and to carefully review each service provider's service offerings prior to entering into any engagement or transaction. Such services are offered on an "AS-IS" basis and are subject to the limitations and disclaimers of the third-party providers, which are available from the providers upon request. fincap cannot and does not guarantee the outcome of the use of any such third-party services.

fincap is not responsible or liable for any acts or omissions created or performed by these other Service Providers. fincap's websites, software, or service, may contain links to websites maintained by third-party Service Providers. Such links are provided for Client convenience and reference only.

fincap does not operate or control, in any respect, any information, software, products or services available on such websites. fincap 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.

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Third-Party Content and Screening
fincap does not have editorial control over the statements, or other content provided, expressed or implied by third parties. fincap reserves the right, but is not obligated, to screen and review any content provided to fincap and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason fincap deems relevant. To the extent any content contains personal information subject to applicable privacy laws, please refer to fincap's Privacy Policy.

Modification of fincap Services
fincap reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information with or without notice to any Client. fincap is not liable to any Client in the event that fincap exercises its right to modify or discontinue any service.

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PAYMENT OF CHARGES
A. fincap currently charges a subscription fee. The subscription fee is calculated from the day of the month that the Client's paid Subscription commences. The Client authorizes fincap to, and the Client agrees that fincap may, charge to the Client's credit card, debit card or bank account, in advance, the Client's regular Subscription fee for each month of the Client's regular Subscription on a recurring basis. The Client authorizes fincap to, and the Client agrees that fincap may, modify and/or change the Subscription fee charged to the Client upon thirty (30) days' notice to the Client sent by e-mail to Client's email of record on file with fincap. The subscription fee is non-refundable and accrues until canceled whether or not the Client accesses the databases.

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On-Time Payment
The Client is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by fincap. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. fincap may terminate or disable the Client's participation in fincap services if the Client fails to pay fully and in a timely manner any and all amounts due to fincap. If the Client's credit card expires or is otherwise declined for payment, access to fincap services and websites can be modified or suspended without notice to the Client. fincap may, if necessary, extend the expiration of your credit card in order to assure continued service. In the event Client's primary payment method declines or is otherwise rejected or returned, Client authorizes fincap to charge and collect payment(s) from any credit card(s) or payment method(s) on file for Client's account.

1. Payment Methods
   The Client's complete billing address and telephone number must be provided to process payments. fincap accepts major credit cards including Visa, MasterCard, Discover, and American Express and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail. fincap may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
2. Account Discrepancies
   A Client may contact fincap Customer Service by e-mail at cs@Smart Alto.com concerning charges or other questions regarding the status of the Client's Account. However, if the Client's account questions are not satisfactorily resolved within fifteen (15) business days of Client's sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Client must write to the Customer Service Department, fincap, 1500 FIRST AVENUE NORTH, BIRMINGHAM, AL 35203, delivered by United States mail. Otherwise, any and all such Client complaints are irrevocably waived.

DISCLAIMERS AND LIMITATIONS
fincap attempts to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. fincap does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, fincap may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." fincap, ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT'S USE OF fincap 'S SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT'S USE OF ALL fincap INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH fincap AND/OR ITS WEBSITES IS AT THE CLIENT'S OWN RISK. fincap AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF fincap'S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.

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INDEMNITY
As a condition precedent to the use of the fincap service and/or websites of fincap , the Client agrees to defend and indemnify fincap, Inc. and its employees, agents and/or Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Client's use of fincap's service, including without limitation, any claims alleging facts, that if true, would constitute a breach by Client of these Terms of Use.

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Choice of Law:
These Terms of Use shall be deemed to have been agreed to in the State of Delaware. In any litigation arising out of these Terms of Use, the prevailing party shall be entitled to reasonable attorneys' fees and costs.

Jurisdiction:
All actions brought hereunder, whether at law or in equity, shall be brought in the state or federal courts located in and serving the State of Delaware. Client consents to jurisdiction in the state of Delaware and expressly waives any jurisdiction privileges which may be asserted in connection with these Terms of Use. or any claim that Delaware is an inconvenient forum.

MISCELLANEOUS TERMS
These Terms of Use may not be modified except by a writing signed both parties.

1. A party's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver its right to subsequently enforce such provision or any other provision of these Terms of Use.
2. Reservation of Rights. fincap, Inc, Inc. reserves all rights not expressly granted to you in this license agreement.
3. This agreement shall be deemed as being jointly drafted and not construed in favor of or against any party.
4. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
5. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

CONSENT
I have carefully read and considered all provisions of these Terms of Use and agree that all of the terms set forth are fair and reasonable. I acknowledge and warrant that I unconditionally consent to all of the terms of this the terms of this Terms of Use agreement.

BY INSTALLING THE SOFTWARE AND/OR ACCESSING THE WEBSITE OR SERVICE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THE AGREEMENT CONSTITUED BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL THE fincap SOFTWARE AND/OR ACCESS THE WEBSITE OR SERVICE.

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