Finch grants you a limited license to access and make use of the Websites and the Services and not to download (other than as necessary for page viewing) or modify the Websites, or any portion of the Websites, except with our express written consent. This license does not include any resale or commercial use of the Websites or the Content; any derivative use of the Websites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Websites or any portion of the Websites may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Finch without our express written consent. Any unauthorized use of the Websites automatically terminates your permission or license to use our Websites.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
The Content provided on our Websites is not intended to and does not constitute legal, accounting, tax, investment, consulting or other professional advice or services. Before making any decision, you must rely on your own examination of the Content provided herein and make your own inquiries and consult your own qualified professional advisors with respect to such Content. Your use of the Content is at your own risk. We expressly disclaim any and all liability in connection with your use of the Content.
From time to time, the Websites may include links to third party websites or portions thereof as a convenience to you. These websites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
The Websites may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
As a condition of using the Websites and submitting any Content or other materials to the Websites, you expressly grant, and you represent and warrant that:
Finch does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party (such provider of content or services, a “Third Party” and such content and services, the “Third Party Content and Services”). Finch is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on Third Party Content and Services. Your dealings with, or participation in promotions of any Third Party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and suchThird Partyexclusively and do not involve Finch. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Third Party.
You agree that Finch is not responsible for the accessibility or unavailability of any Third Party Content and Servicesor for your interactions and dealings with any Third Party, waive the right to bring or assert any claim against Finch relating to any interactions or dealings with any Third Party, and release Finch from any and all liability for or relating to any interactions or dealings with any Third Party. Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, Third Partiesfound on or through the use of the Websites, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Parties. You agree that Finch shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Partiesand Third Party Content and Serviceson the FinchWebsites.
All product, brand and company names and logos used on our Websites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Websites, whether or not owned and/or operated by Finch (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. You may not use metatags or any other “hidden text” utilizing “Finch” or any other name, trademark, service mark or product or service name of Finch without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Finch and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
THE WEBSITES, THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY US ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. FINCHMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THEIR CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES OR THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FINCHDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FINCH DOES NOT WARRANT THAT THE WEBSITES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES, ITS SERVERS, OR THAT E-MAILS SENT FROM FINCHARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FINCH, ITS RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM YOUR USE OF THE WEBSITES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES.
Finchreserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Finch’s defense of such claim. Finchmay deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
You may contact us at:
Finch Living Inc.
152 West 57th Street,
17th Floor, New York, NY 10019
You agree to receive communications from us electronically regarding your account, these Term of Use and the Websites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications are not confidential unless otherwise agreed in writing with us.
Finch respects the intellectual property of others. If you believe that any material on the Websites or any use of the Websites infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
Send the notification to us as follows:
Finch Living Inc.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Finch or any third party.