Last Updated: November 17, 2021
These Terms of Service (this “Agreement”) sets forth the legally binding terms between Purple Rocket Technologies LLC (“Purple Rocket” “us,” “our” or “we”) located at 4445 Corporation Lane STE 264 Virginia Beach, Virginia 23462 United States, and you (“you” or “User”) regarding your use of our web sites, mobile software or web-based applications (or “Apps”), including without limitation, the web-based application entitled “DiscoverFIN,” and Content (defined below) provided therein (collectively, “Services”) as they may be updated from time to time. The parties hereby agree as follows:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE (MEANING THAT DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN A COURT) AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN ANY DISPUTE WITH PURPLE ROCKET.
ANY ACCEPTANCE OF THIS AGREEMENT IS EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (“CORPORATE LICENSEE”). IF YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT ON BEHALF OF A CORPORATE LICENSEE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. IN THIS LICENSE AGREEMENT, ‘YOU’ OR ‘USER’ INCLUDES ANY CORPORATE LICENSEE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE SERVICES.
The Services are offered and available to users who are 18 years old or older. By using the Services you represent and warrant that you are of legal age to form a binding contract with Purple Rocket. If you are not 18 years old or older, you must not access or use the Services.
“User(s)” shall mean any individual, entity or organization that is a user of the Services, including without limitation a Business, an individual authorized by such Business User to use the Services, or any individual who has been provided a Linc or access to the Services from an authorized User through electronic means to use the Services for purposes of determining such individual’s Financial Independence Number, in each case whether such access to or use of any Services is free or subject to a license, subscription or other fee.
“Business” shall mean any licensed financial services business or licensed financial advisor that is employed by the Business that uses the Services.
PURPLE ROCKET IS NOT A LICENSED FINANCIAL PROFESSIONAL AND IS NOT PROVIDING ANY INVESTMENT ADVICE. Purple Rocket is not a licensed financial investment advisor and is not offering or providing any financial or legal advice through its Services, including without limitation on its website, Apps or other parts of its Services nor acting as your financial advisor. Purple Rocket is not qualified to and does not represent that we provide financial investment advice or services of any kind. We do not take responsibility for and have no liability in your decision to seek financial investment advice from a financial advisor of your choosing while using the Services. Purple Rocket offers no guarantees or warranties that you will reach or achieve your financial goals or your Financial Independence Number. The Services are not and never should be a substitute for the advice of a licensed financial advisor. The information provided through the Services is therefore necessarily of a generic nature and not personalized to your exact financial investment needs. References to any security or other products or services of Purple Rocket or any third party contained in or generated by the Services does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by Purple Rocket or any other third party regardless of whether such security, product or service is referenced in the Services or information created by or generated from the Services. Furthermore, nothing in the Services is intended to provide tax, legal, or investment advice and nothing in the Services should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction. Purple Rocket does not represent that the securities, products, or services discussed in the Services are suitable for any particular investor. User acknowledges and agrees that it is solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for it or its clients based on specific investment objectives, financial circumstances and risk tolerance.
(a) Ownership of the Services and Content. The information published on or through the Services may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by Purple Rocket, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”), or third-party product or service vendors, merchants, or other private or public organizations and entities that have been granted rights to access and publish Content on the Services (“Third Party Vendors”). The Content together with the Services, including all source and object code, and derivative works thereof, are, and shall at all times remain, the sole and exclusive property of Purple Rocket, the Third Party Licensors or Third Party Vendors, as the case may be (collectively, the “Purple Rocket IP”). The Purple Rocket IP contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions. The names “Purple Rocket,” “Purple Rocket Technologies,“ and related trademarks, service marks, logos, designs, trade dress and other indicia of origin as well as the “look and feel” of the Services (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Purple Rocket’s trademarks and/or copyrights, as the case may be.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. PURPLE ROCKET AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under this Agreement, without the prior written consent of Purple Rocket or the legal owner of such Content. Any unauthorized use of Content accessed through the Services may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Services is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in the Services. The provisions of this Section 2 shall survive termination of this Agreement.
(b) Reservation of Rights. You acknowledge that the Services are licensed, not sold, to you. We reserve all rights in and to the Services and all intellectual property embodied therein or related thereto not expressly granted to you under this Agreement. User shall honor and comply with any and all contractual, statutory or common law rights of Purple Rocket, as well as any applicable third parties, arising out of or relating to the provision or use of the Content or the Services.
3.Cooperation. User shall cooperate with Purple Rocket as may be reasonably required to enable the provision of the Services. User hereby grants to Purple Rocket a non-exclusive license to use User’s trademarks and other applicable proprietary rights (collectively, “User Properties”) as may be reasonably necessary or helpful in connection with the provision of the Services hereunder.
4. Registration Information and Passwords for the Services; User Warranties:
(a) Registration Information. In order to register for the Services, you may be required to provide your name, a valid e-mail address and other contact information as Purple Rocket may determine, and you must set up a personal password known only to you. You represent and warrant that all registration information provided is true, correct and complete and you undertake to keep the information updated for the duration of this Agreement. We reserves the right to request supporting evidence from you to verify your identity and information. When you register for the Services, you may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Services. You further agree to receive any notices from Purple Rocket to you regarding your use of the Services pursuant to this Agreement at the email or other addresses set forth in your contact information. You are obliged to notify Purple Rocket of any updates or changes to any contact or other registration information that you provide in connection with your use of the Services.
(b) Email Address. You must ensure that the email address you provide is accessible from the time that you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
(c) User Account. With the data provided upon registration, you will receive access to your own user account via the Services, in which you can amend the data that you have provided. At its own discretion, Purple Rocket may delete any user account with incomplete or incorrect information or for other breach of this Agreement.
(d) Deletion of Account. You may erase or delete your own User account at any time for any reason. To delete your account, you must log in to the Services and follow the appropriate directions to delete or ask Purple Rocket to delete your account. After you have deleted your account, Purple Rocket shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to all content provided to or by you, or created or used by you. Deletion of your User account constitutes termination of this Agreement, including without limitation any ongoing subscription.
(e) User Account after Termination or Expiration of Agreement. Your User account may be deleted or retained by Purple Rocket in its sole discretion after the Agreement has terminated or expired, unless and until you expressly ask Purple Rocket to delete your User account.
(f) Usernames and Passwords. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by Purple Rocket in connection with your use of the Services. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify Purple Rocket immediately at the Contact Information set forth in this Agreement. For your protection, if Purple Rocket believes that any unauthorized access may occur or has occurred, Purple Rocket may terminate access without prior notice to you. You also agree that Purple Rocket is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. Purple Rocket will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use.
(g) User Warranties. User represents and warrants to us that: (i) it has the power and authority to enter into this Agreement, (ii) the information that it provides to us about User or its account in connection with the Services will be current, true, accurate, supportable and complete, (iii) by agreeing to the terms and conditions in this Agreement that it will not be in violation of any other agreement, (iv) it will not use the Services while operating a motor vehicle, and (v) it will not make any misrepresentation regarding Purple Rocket, or the Services.
5. App Vendors: If you are registering for the Services or purchasing the Services or subscriptions thereto through the Apple® App Store, Google Play™ or other mobile application vendor (“App Vendor”), these Terms of Service are between you and Purple Rocket only and not with the App Vendor. The App Vendors, including without limitation Apple, Inc., are not responsible for the Services, including the Apps or their Content. The App Vendors have no obligation to provide maintenance, support or any services to you, and are not responsible for handling any claims (including claims of intellectual property infringement by third parties) with respect to the Services. Apple, Inc. and its subsidiaries (“Apple”) are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party.
6.Communicating through the Services: You are solely responsible for any and all Content you transmit, distribute, post, or otherwise make available to or through the Services (“post”), including to any email addresses provided to or through the Services, or any comments or other information communicated to the Services (collectively, “Communications”). By posting Communications through the Services, you grant Purple Rocket a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Communications through the Services and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Communications in connection with the Services and Purple Rocket’s business. You represent and warrant that you are the owner of your Communications or that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications and grant the rights hereunder; that your Communications contain no confidential or proprietary information of yours or of any third party; and that your Communications do not contain any virus, adware, spyware, worms, or other harmful or malicious code. You agree not to post any Communications that violate the following restrictions:
You understand that if you violate these restrictions or any other provision in this Agreement, Purple Rocket may deny you access to the Services or terminate this Agreement. Purple Rocket cannot review all Communications made on or through the Services and Purple Rocket is not responsible for screening or otherwise monitoring content submitted by Services users, whether in advance of, or after, posting. If a user notifies Purple Rocket that any Communications do not conform to this Agreement, Purple Rocket may, but is not obligated to, investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Communications. Purple Rocket reserves the right, but has no obligation, liability or responsibility, to monitor the Services and edit, modify or delete any materials which Purple Rocket in its sole discretion determines to violate this Agreement or to be in any other way offensive, inappropriate or contrary to any Purple Rocket policy, applicable law or other regulation. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and Purple Rocket by reason of your posting a Communication to the Services.
7.Feedback. If User or any of its employees or contractors communicates in any way any comments, suggested changes, improvements or any other feedback regarding the Services (“Feedback”), such Feedback shall be solely owned by Purple Rocket and Purple Rocket is free to use (or not use) such Feedback for any purpose whatsoever, without any credit or compensation to any party. User hereby assigns and agrees to assign to Purple Rocket on User’s behalf, and on behalf of its employees, contractors, and/or agents, all right, title, and interest in the Feedback, including any related proprietary or intellectual property rights.
8.Restrictions On Use Of The Services. User may use the Services solely for its personal use or internal business purposes in accordance with this Agreement. In addition user may not:
If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or licenses. All licenses granted to User in this Agreement are conditional on User’s continued compliance with this Agreement, and will immediately and automatically terminate if User does not comply with any term or condition contained in this Agreement. During and after the Term of this Agreement, User will not assert, nor will User authorize, assist, or encourage any third party to assert, against us or any of our affiliates, Users, vendors, User partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services User has used. Nothing in this Agreement gives User or any other person any license of or right to access or use the source code of the Services.
9. Limitations on Availability. The Services are licensed for User to use in the United States only. We make no representation that the Services are available or permitted in any particular location. Use of the Services is void where prohibited. User uses the Services at User’s own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Services as required by law. Further, User acknowledges that availability of certain elements of the platform that make the Services possible are provided by third parties and are not within the control of Purple Rocket.
10. Fees. Unless otherwise agreed in writing by you, we do not charge Users a monetary fee to use the Services.
11. Support, Maintenance and Updates for Apps. During the Term of this Agreement, Purple Rocket will use commercially reasonable efforts to provide User with support related to the Apps. Scheduled system maintenance shall take place from time to time, and during such time, the Services may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about uptime of the Services. Purple Rocket may, but is not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “App Updates”). App Updates may also modify or delete in their entirety certain features or functionality. You agree that Purple Rocket has no obligation to provide any App Updates or to continue to provide or enable any particular features or functionality of the Services. Based on the settings of your mobile device or computer, when your device is connected to the Internet, the Apps will automatically download and install available App Updates, or you will be prompted to download and install available App Updates. You acknowledge that the Apps or any of their features may not operate properly if you fail to install App Updates. You further agree that all App Updates will be deemed part of the Services and subject to the terms of this Agreement.
12. Term. This Agreement will commence on upon your authorized access or use of the Services and will continue until terminated as set forth below, or unless otherwise mutually agreed in writing between the parties (the “Term”).
(a) Termination due to Default. Either party will be in default of this Agreement if the party is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice thereof from the non-breaching party. If a party is in default, the nonbreaching party may terminate this Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement. In the event User breaches or attempts to breach any of the provisions of this Agreement, Purple Rocket shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach, User hereby acknowledging the inadequacy of any remedy at law.
(b) Termination for Convenience. Any party to this Agreement may terminate User’s license to use the Services and terminate this Agreement at any time for any reason or no reason by providing two (2) days’ written notice to the other party. User may also terminate this Agreement with respect to User’s use of Purple Rocket’s web site at any time by ceasing use of the web site. Such termination will be effective immediately after one party receives notice from the other party, or User ceases use of Purple Rocket’s web site, as applicable. Purple Rocket reserves the right to suspend User’s access to any Services or terminate this Agreement at any time upon notice to User if User violates the terms of this Agreement.
(c) Effect of Termination. Upon termination of this Agreement: (i) all license and other rights granted to User under this Agreement to use the Services will terminate immediately, and (ii) User must cease all use of the Services and destroy all copies of any Apps. All Sections that by their nature survive termination or expiration of this Agreement shall so survive, including without limitation Sections 2, 7, 12, 15, 18, 19, 20, 21, 23, 24, 25 and 26. All other rights and obligations shall be of no further force or effect.
1 . Data Ownership.
(a) The User Data/Personal Data and Its Ownership. The User data or PII (defined below) (collectively the “Data”) of a person who is a User shall include: (a) The data collected, used, processed, stored, or generated as a result of a User using any Apps; and (b) personally identifiable information (“PII”) collected, used, processed, stored, or generated as the result of any User using the Apps including, without limitation, any information that identifies a User, such as a User’s social security number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein. As between Purple Rocket and User, Data is and shall remain the sole and exclusive property of User.
(b) User’s Use of The Data and PII. User shall store Data only to the extent necessary for use of the Services pursuant to the terms and obligations of this Agreement. User shall: (a) keep and maintain the Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Data solely and exclusively in the use of the Services, (c) not collect, use, sell, rent, transfer, distribute, or otherwise disclose or make available to third parties any Data or PII of any third party; and (d) ensure that it uses the Data solely and exclusively in the use of the Services.
(c) License to Purple Rocket to use The Data. Subject to the terms and conditions of this Agreement, User grants Purple Rocket the limited, non-exclusive, non-transferable terminable license to process, copy, store, analyze, record, transmit, maintain, display, view, print, distribute, or otherwise use the Data, but only to the extent reasonably necessary to: (a) provide the Services and to improve the Services; and (b) to provide Data provided or generated through User’s use of the Services to affiliates of Purple Rocket or to Purple Rocket’s business partners for use in connection with future products or services developed by Purple Rocket, its affiliates or business partners, to which User consents and agrees.
although it is possible that in the future that we may share your Personal Information with our affiliates or third party partners for purposes of offering and providing new services to you.
14. Indemnification. You agree to, at your own expense, indemnify, hold harmless, and in Purple Rocket’s sole discretion, defend Purple Rocket, its affiliates and subsidiaries and their respective officers, directors, owners, employees, licensors, agents, co-branders and other business partners, from any and all liabilities, damages, claims, losses, lawsuits, legal fees and costs of any kind, including reasonable legal and accounting fees and costs, arising from or relating to: (i) any action taken or permitted by you which disrupts, degrades or damages the Services, or any content or data provided thereon; (ii) your infringement or other violation of any intellectual property or other proprietary right of Purple Rocket or any third party; (iii) any Data or PII provided by you that is published or made available to other third parties through the Services; (iv) User’s improper use of, or failure to safeguard any Data or PII; (v) any negligent, wrongful conduct or intentional torts by you; (vi) your use or misuse of the Services; (vii) your breach of any term or condition of this Agreement; or (viii) your actual or alleged violation of any federal, stat5e, local or foreign law, or regulations.
You agree that you will cooperate as fully and reasonably as required by Purple Rocket in the defense of any claim arising out of your use of the Services. Notwithstanding the foregoing, Purple Rocket reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Purple Rocket arising out of or related to your use of the Services, and in no event shall you settle any such claim without Purple Rocket’s prior written approval.
15. Backup. IT IS USER’S SOLE RESPONSIBILITY TO BACK-UP ITS DATA DURING THE TERM, AND USER AGREES AND ACKNOWLEDGES THAT IT MAY NOT HAVE ACCESS TO ANY DATA VIA THE SERVICES FOLLOWING TERMINATION OF THIS AGREEMENT FOR ANY REASON.
16. Confidentiality. User acknowledges that the Apps, and any other proprietary or confidential information provided to User by Purple Rocket (“Confidential Information”) constitutes valuable proprietary information and trade secrets of Purple Rocket. User agrees to preserve the confidential nature of the Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its internal use except as provided herein, and by using the same degree of protection that User uses to protect similar proprietary and confidential information, but in no event less than reasonable care. Purple Rocket shall have the right to obtain an injunction (without having to post a bond) to prevent any breach or continued breach of this section.
17. Disclaimer of Warranties. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT PUBLISHED THEREIN, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLE ROCKET, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, DATA OR CONTENT SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT PUBLISHED THEREIN. NOTHING IN THIS AGREEMENT WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE SERVICES OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE SERVICES) WILL BE ACCURATE OR SECURE. PURPLE ROCKET DOES NOT WARRANT AGAINST INTERFERENCE WITH USER’S ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR THE SERVICES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK.
(a) Services Provided For Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Purple Rocket and the Services are not endorsed by or affiliated with FINRA, and Purple Rocket is not a financial institution or insurance provider. Purple Rocket makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Purple Rocket recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances. USE OF THE SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR FINANCIAL INVESTMENT ADVICE OFFERED BY A LICENSED FINANCIAL ADVISOR AND YOU SHOULD SEEK THE ADVICE OF A FINANCIAL ADVISOR OF YOUR CHOOSING WITH ANY QUESTIONS YOU MAY HAVE ABOUT MAKING ANY FINANCIAL INVESTMENT DECISIONS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELIANCE ON THE CONTENT IS SOLELY AT YOUR OWN RISK.
(c) No Warranties Regarding Third Parties. Purple Rocket may provide through the Services links or references to Internet sites or applications maintained by third parties, or such third-party sites or applications may have links to the Services. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Purple Rocket. Purple Rocket does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites or applications. Purple Rocket therefore makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. Purple Rocket does not endorse any particular advisor or other third party. Purple Rocket expressly disclaims any and all liability for any content, products, or services provided by any third party. Purple Rocket assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites or applications.
18. Limitation of Liability. IN NO EVENT SHALL PURPLE ROCKET, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS, LICENSORS OR OTHER BUSINESS PARTNERS BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY COMMERCIAL DAMAGES, BODILY INJURY DAMAGES, PHYSICAL HARM, EMOTIONAL DISTRESS, DEATH OR LOSSES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, UNAUTHORIZED ACCESS TO THE SERVICE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SERVICE OR ANY THIRD PARTY WEB SITE, MOBILE APPLICATION OR OTHER SERVICE LINKED THROUGH THE SERVICE, ARISING OUT OF OR RELATED TO USER’S USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PURPLE ROCKET’S AGGREGATE LIABILITY TO USER FOR DAMAGES EXCEED TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO USER.
19. Force Majeure. Purple Rocket shall not be in default for failing to perform any obligation hereunder, if such failure is caused solely by acts of God, civil commotion, strikes, epidemic or pandemic, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions or any similar supervening conditions beyond Purple Rocket’s control.
20. Applicable Law. By using the Services you agree that the laws of the Commonwealth of Virginia without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
21. Disputes. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN THE CITY OF VIRGINIA BEACH, VIRGINIA EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PURPLE ROCKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY VIRGINIA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN THE CITY OF VIRGINIA BEACH AND THE CITY OF RICHMOND, VIRGINIA.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.
23. Amendment. Purple Rocket reserves the right, at its sole discretion, to periodically amend or revise this Agreement. Your continued use of the Services, following such amendment, constitutes your acknowledgement and consent of such amendments. The last revision will be reflected in the “Last Updated” heading above.
24. Miscellaneous. This Agreement constitutes the entire agreement between us regarding the subject matter hereof. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. User may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and class enforceability of any remaining provisions.