Privacy Policy

PRIVACY AND DATA POLICY 

These terms of use pertain to your engagement with all websites and services owned, hosted, maintained, operated by, or affiliated with Zombie Retirement Nation, Inc. (collectively referred to as "we," "us," or "our"). Our digital assets encompass Michaeljpfitzgerald.com, howcrowdfundingworks.com, 2bCrowdfunded.com, thebookoncollegefunding.com, and any potential future websites we may own or manage, as well as our presence on social media platforms (collectively referred to as the "Sites"). Unless expressly specified otherwise, all mentions of the "Sites," "Site," "site," or "sites" within the terms presented on this page encompass all such Sites. Furthermore, all references to "websites" in this context pertain exclusively to websites that are unaffiliated with us and operated by third parties. These terms of use do not extend to your use of unaffiliated or third-party websites that our Sites may link to or redirect you to.

At michaeljpfitzgerald.com, we gather your information and are available for contact at any time via support@michaeljpfitzgerald.com. If you wish to file any complaints, you can also use this email address, or you may request to be removed from our email lists, phone lists, or advertising targeting.

Our foremost commitment is to safeguard your privacy and security, and we have provided comprehensive details regarding the measures we employ to achieve this goal. Please note that our Sites are managed from offices located in the United States. We cannot guarantee that the materials on our Sites are suitable or accessible in other regions. Individuals who opt to access these Sites from locations outside the United States do so at their own discretion and are responsible for complying with applicable local laws, if and when they apply.

When you provide us with information or visit any of our Sites, we utilize it on an ongoing basis for several purposes. These include ensuring the delivery of information or products you have acquired from us, sending you relevant future content via our email newsletters, monitoring your usage of our Sites or services, and presenting future offers from our company or any affiliated entities involved in delivering your purchases, bonuses, or content. By furnishing us with your contact details at any point, you are granting us the authority to reach out to you in the future through various means as required, at our discretion, for continual personal and professional development. If you wish to opt out of our email newsletters, you can do so at any time by clicking the unsubscribe link located at the bottom of all our emails.

If you want us to no longer contact you or store your information, just write us at support@michaeljpfitzgerald.com, anytime, with your request and we will begin removing you from our services or content, as appropriate, and as soon as we can.

Outside Websites (Their Privacy Policies May Be Different)

Our Sites may contain links to other websites, like our sponsor’s websites or links to booksellers, that may offer products or services that our customers might find useful. These third-party websites may request information from you when you arrive. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that website. We do not control the privacy policies, contents or links that appear on these websites. We encourage you to review the privacy policies of any third-party websites or services before providing any of them with your personal information.

How and Why We Collect Information

We collect your email address when you submit it, and some limited Site information and behavior, in order to record and support your participation in the activities you select or in order to contact you or advertise to you later. If you register for a seminar, for example, the information you give us – your phone number, email, and address – is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related personal development content, offers, and events until you unsubscribe or ask for your data to be removed. If you visit our Sites, we may use Facebook, Google or other tracking tools to understand your behavior on our Sites and to deliver advertising to you in the future.

As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us with personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone number, credit card information, and any other personal information we feel is applicable. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information, like your email or phone number, only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party.

Unless otherwise stipulated in this policy, we will never sell any personal identification information pertaining to you as an individual user to any third party without first obtaining your explicit consent. Should you provide us with your contact details, you may occasionally receive emails, mailings, or phone calls from us containing information about new products and services, important matters, or forthcoming events.

If you desire to be excluded from any mailing lists, whether postal, email, phone, or otherwise, please inform us by emailing support@michaeljpfitzgerald.com. You may also contact us in writing or by phone using the provided contact information above. To ensure prompt removal, kindly provide us with your precise name, email address, mailing address, and phone number.

When you make use of our Sites, we or our authorized technology service provider may gather specific technical and routing information from you to facilitate your utilization of the Sites and their services, or for potential future contact or advertising purposes. We employ this information for the management of the Sites and to comprehend and gauge traffic patterns on them. This enables us to identify user-favored areas of our Sites, pinpoint areas in need of enhancement, and identify the technologies being employed, thereby allowing us to continually enhance our Sites for mobile and future technological platforms. This data is primarily collected in an aggregated format, without the identification of you or any individual user. However, in some instances, we may employ tools like cookies, web beacons, analytics services, and advertising providers to acquire data concerning you or your computer's location. We may use this statistical data for purposes such as statistical analysis, marketing, advertising, or similar promotional activities. This data is often tracked by us or our technology service provider using "cookies" or "pixels" during your visit. A cookie is a small piece of data sent to your browser by a web server, which can only be read by the server that issued it. It functions as an identification card, enabling us to record your passwords, purchases, and preferences, as well as deliver targeted messages or advertising to you in the future. Cookies cannot execute as code or deliver viruses. Most browsers are initially configured to accept cookies, but you have the option to configure your browser to notify you upon receiving a cookie, granting you the choice to accept or decline it. For certain web pages that require authorization, cookies may not be optional, and users who decline cookies may not have access to those pages.

Furthermore, we employ Facebook "pixels" on numerous sections of our Sites to comprehend your digital behavior and potentially deliver targeted advertising in the future. We also utilize Google Analytics to gain insights into the duration of your visits to our Sites and your interactions with them.

Should you choose to opt out of targeted advertising with us, please contact us at michaeljpfitzgerald.com so that we can remove your email address from any advertising initiatives we may employ.

As always, you can unsubscribe from any of our emails at any time via the unsubscribe link at the bottom of the email you received from us.

We do not store any information about you on our servers, other than that which you submit into one of our forms, and in any case, we hold your sensitive information, like your credit card information, with software that keeps it encrypted. Any other information stored happens via cookies or pixels as described above, and as facilitated via third party tools (like Facebook, Google or Kartra. Below are examples of how we may use any information to better communicate with you:

• Provide and administer the services, including to display customized content and facilitate communication with other users.
• Process your requests and orders for courses, products, specific services, information, or features.
• Communicate with you about youaccount by:
  • Responding to your questions and  concerns.
  • Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and       updates to our agreements.
  • Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time).
  • Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of a mobile app).
• Manage your account preferences.
• Facilitate the Sites’ technical functioning, including troubleshooting and resolving issues, securing the services, and preventing fraud and abuse.
• Solicit feedback from users.
• Market and administer surveys and promotions.
• Learn more about you by linking your data with additional data through third-party data providers or  analyzing the data with the help of analytics service providers.
• Identify unique users across devices.
• Tailor advertisements across devices.
• Improve our Sites and develop new products, services, and features.
• Analyze trends and traffic, track  purchases, and track usage data.
• Advertise the services on third-party websites and applications.
• As required or permitted by law; or
• As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our services.

When you provide us with information, we use it continuously to ensure you receive the information or products you've acquired from us, to deliver pertinent future content through our newsletters, and to present forthcoming offers from our company or any affiliated entities involved in delivering your purchases.

For instance, if you purchase specific courses from us, you may receive a bonus coaching session delivered by a separate system or company that manages that program (such as one of Michael's systems and companies, HowCrowdFundingWorks.com). To facilitate this coaching, we share your information with FFP-LLC's system, enabling them to contact you to schedule the coaching sessions included in your purchase. You have the option to request that we do not share your information with such service providers, but it's important to note that you may forfeit access to certain purchase bonuses or items if you choose not to allow the third-party responsible for delivery to contact you.

Considering that the majority of our programs revolve around ongoing educational purposes in the realm of personal and professional development, you should expect us to maintain contact with you indefinitely through email or social media channels. This contact serves various purposes, including the delivery of our services, provision of related content, recommendations, distribution of products, collaboration with other platforms or companies, advertising, surveys, and other fulfillment or marketing endeavors.

By utilizing our Sites and submitting information to us, you unequivocally agree to these terms without exception and consent to waive any liability and refrain from holding us responsible for any use of your information, indefinitely, under any circumstances. This includes relinquishing your right to partake in or initiate any class action complaints.

Once more, if you wish to cease receiving communications from us, simply reach out to us at support@michaeljpfitzgerald.com at any time with your request, and we will promptly begin the process of removing you from our services or content, as appropriate, and as swiftly as possible.

Exceptions to Privacy Policy: While we are dedicated to upholding the security and confidentiality of your information, there are certain exceptions to our privacy policy:

1. We may disclose specific information about you or your account to comply with valid legal inquiries or processes, such as search warrants, subpoenas, statutes, or court orders.

2. In special cases, like attempted breaches of site security or threats to physical safety or property, we may release specific information.

3. In connection with corporate events such as mergers, consolidations, asset sales, corporate divisions, or other significant corporate changes, we may transfer user information, including personally identifiable information.

4. Information you provide during a purchase or online donation may be shared with payment processors, financial gateways, and your credit card company to authorize payments. Such information may also be shared with necessary third parties exclusively for transaction-related purposes.

5. Please be aware that when you disclose personal information online in discussion boards or posting sites/websites, it may be collected and used by third parties. While we strive to protect user privacy, we cannot guarantee the security of information you post in these forums, and you do so at your own risk.

6. Miscellaneous These terms shall be governed by and interpreted in accordance with the laws of Nevada, regardless of any conflict of law principles. You consent that any legal action, whether in law or equity, arising from or related to these terms, shall be subject to mediation in Nevada. In the event that any provision of these terms of use is deemed unlawful, void, or unenforceable for any reason, that particular provision shall be considered separable from the remaining terms of use and shall not affect the validity and enforceability of the remaining provisions. These terms may only be altered by us through the posting of changes on our Sites.

7. TERMS OF USE Please carefully review the following terms of use governing your use of this Site, as well as all the Sites listed below that fall under our brand. By using these Sites, you are agreeing to abide by these terms of use. We retain the right to modify these terms at any time, without prior notice, so we recommend periodically checking this page for updates. By continuing to use these Sites after we have posted changes to these terms, you consent to accept those revisions, whether or not you have reviewed them or received notification of them. If you choose not to accept these terms of use at any time, please refrain from using this Site or any of our other Sites.

Restrictions The contents found on our Sites, as well as any content on our affiliated Sites, are safeguarded by copyright and trademark laws and are the exclusive property of their respective owners. Reposting or reselling any of our content without permission is prohibited, as it constitutes the use of our protected or proprietary content and assets. Sites such as Michaeljpfitzgerald.com, Funding Week, and several of our courses and brands are owned by Zombie Retirement Planning, Inc. The trademarks "Zombie Retirement Nation, A Planning Guide On Fighting Your Way Through Retirement" and others are either trademarked or under the control of Michael Fitzgerald, with all content on our Sites being copyrighted by the designated entity mentioned in the footer.

Unless otherwise specified, you may access and use the information and materials on the Sites solely for your personal use. It is not permissible to alter, modify, delete, display, transmit, adapt, exploit, or copy, for distribution or sale, any information, material, trademark, or copyright found on the Sites or any affiliated Sites. Prior written consent must be obtained from us or any other entity holding intellectual property rights on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. Failure to obtain our written permission may result in significant damages. By using the Sites, you agree to adhere to these restrictions and to comply with all copyright notices.

Links These terms of use pertain exclusively to our Sites and do not extend to the websites of any other companies or organizations, including those we provide links to. We do not create, endorse, or take responsibility for the content, advertising, products, or other materials available on any other website, including those we link to. We shall not be held responsible or liable, either directly or indirectly, for any loss or damage that may arise or be alleged to have arisen in connection with your utilization of any content, goods, or services offered on any other site. Other websites may link to our Sites only with our explicit permission. To request our permission, you may contact us using the information provided above. We reserve the right to revoke any permission granted to you or any organization approved by us to link to our Sites, and we may require the removal of any such link to any of the Sites at our discretion and at any time.

Affiliate Links & Disclosures If we employ affiliate links, which are links to our partners or sponsors that compensate us when you sign up or make a purchase through them, we will clearly indicate this on the page from which we are linking to them. Any actions you take on another company's website are your own responsibility, and you are solely accountable for your actions and transactions with them. If we receive compensation from an affiliate, it does not result in any additional cost to you; they are compensating us for directing traffic to their site. Frequently, we can provide you with discounts and trials for companies we endorse, and we only recommend companies we have a favorable opinion of.

Events, Information, and Speaker Changes 

Please be aware that the events, information, and speakers listed on our Sites are subject to change without prior notification.

Submissions We value your feedback regarding any of our Sites. However, we do not accept or review unsolicited creative submissions or suggestions for seminar topics, newsletter content, or our products. This policy is designed to prevent any potential future conflicts if ideas developed by our staff appear to resemble ideas submitted to us. Therefore, we kindly request that you refrain from sending us any original creative concepts, suggestions, or materials. If, despite our request, you choose to submit any idea, suggestion, or material ("Submission"), it becomes our property. We will not be bound by any obligation of confidentiality regarding any Submission, and we will not be held liable for the use or disclosure of any Submission. In the event that you submit something to us, and it is unsolicited, we shall exclusively own all global rights to the Submission and have unrestricted use of it for any purpose, without compensation or notification to the provider of the Submission. Given these circumstances, we ask that you abstain from submitting creative projects to us, particularly those of a confidential or personal nature.

Forums A "forum" refers to any message board, chat room, user review forum, or other interactive service found on any of the Sites, encompassing both public boards and private sections. To contribute to any forum, you must follow the provided instructions on the Sites for registration. You are prohibited from posting on any forum or sending to any other forum user or our staff any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, infringes upon a person's privacy, violates intellectual or other property rights, or breaches any law. The use of any forum for commercial purposes is strictly prohibited. Posting material that seeks funds, advertises, or solicits goods or services is not allowed. Posting knowingly false information is prohibited. Messages containing stock recommendations or touts may not be posted. You may not post or transmit information, software, or other material containing viruses or other harmful components. We assume no responsibility for the material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for reviewing material posted by users for issues such as libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or any other violations. However, we retain the right, at our sole discretion, to modify or remove messages or other material that we deem to be infringing, offensive, abusive, defamatory, obscene, outdated, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Regardless of whether we modify or remove such material, users remain solely responsible for the content of their messages or posts. By posting on the Sites, you grant us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and posts, in their original or edited form, in television programs, books, articles, commentaries, or any other medium now known or developed in the future. You also confirm that you own or have the necessary rights to control all content you have posted and that our public posting and use of such content will not infringe upon the rights of any third party. Additionally, you waive any "moral rights" in posted materials. You are not entitled to compensation for any materials you post on the Sites.

Registration We reserve the right, at our discretion, to suspend or terminate the registration of any forum user or general user who violates any of these terms of use, any forum member guidelines, or for any other behavior we consider inappropriate.

Disclaimers The information, services, products, claims, seminar topics, and materials provided on our Sites are presented "as is" and without any warranties, either expressed or implied. We disclaim all warranties, including but not limited to implied effectiveness of the ideas or success strategies mentioned on our Sites, as well as those provided in our products or at our events. The only exceptions are the satisfaction and graduation guarantees explicitly labeled within our Sites. Neither we nor any of our licensors or suppliers guarantee that the functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers making them available are free from viruses or other harmful components. Neither we nor any of our licensors or suppliers warrant or make any representations concerning the use or results of using the services, products, information, or materials on the Sites in terms of their accuracy, reliability, or otherwise. You (and not we or any of our licensors or suppliers) are responsible for any necessary servicing, repair, or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant, or guarantee any speakers, products, or services offered on the Sites or on websites we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

Limitation of Liability Under no circumstances, including negligence, shall we, our affiliates, or any of our licensors or suppliers be liable for any special or consequential damages resulting from the use of, or inability to use, the materials or information on the Sites, or any products or services provided via the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability, or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall our total liability to you, or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Sites.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage arising from your use of advice, goods, or services received from a guest speaker on our Sites or at one of our events.

We are also not responsible or liable for any loss or damage that may occur to our guest speakers in connection with the display of their photo, name, or biography on our Sites or in our marketing materials.

No Professional Advice The information provided on the Sites or on affiliated Sites (including information on message boards, in text files, or in chats) is not a substitute for the services of trained professionals in any field, including but not limited to financial, medical, psychological, therapeutic, or legal matters. You should consult a qualified professional for advice on matters related to your financial needs. Neither we nor our affiliates, partners, or their affiliates shall be liable for any direct, indirect, consequential, special, exemplary, or any other damages, including but not limited to economic loss, injury, illness, or death. You are solely responsible and accountable for your decisions, actions, and results in life, and by using the Sites, you agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance.

SMS/Mobile Texting When you become a customer through our Sites, you provide your phone number to us, allowing us to confirm book orders, deliver promised ongoing training or communication, and send text updates, promotions, videos, audios, or messages related to ZRN, Zombie Retirement Nation, Inc., College Funded, FitzFP, Michael Fitzgerald, or any of his brands, promotions, or programs. You can opt-out of receiving future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our products or programs, you grant us permission to text you until you reply STOP. We do not sell or rent your phone number, and we only communicate with you regarding relevant Michael Fitzgerald's topics, programs, or events.

Non-Academic Institutions Please note that our company, Zombie Retirement Nation, Inc., and sister companies like College Funded, Fitzgerald Financial Partners, LLC., or any of our affiliate live event promotion companies, are not accredited academic institutions and do not issue diplomas, academic certifications, or degrees. We do not accept student loans or provide student aid under any programs. We are a for-profit training and research center for personal and professional development.

Earnings Disclaimer We do not endorse "super get rich quick" programs but instead emphasize hard work, adding value, building a genuine and professional career, and serving others with excellence and dedication. Our programs are designed to assist you in sharing your message with a broader audience, making a positive impact on the world, and growing your personal brand. Our programs demand hard work and discipline, similar to any worthwhile endeavor or professional continuing education program. Please refrain from enrolling in our programs if you believe in the "money for nothing/get rich quick" myth or ideology. We are interested in serious individuals committed to genuine personal and professional development, those who aspire to add value and advance humanity.

By law, we cannot and do not guarantee your ability to achieve results or earn money with our ideas, information, tools, or strategies. Your results in life depend on your own actions, and we cannot predict them. Our products and services, along with those of our affiliates, are for educational and informational purposes only. Nothing on this page, any of our Sites, or in our content or curriculum constitutes a promise or guarantee of results or future earnings, and we do not provide legal, medical, tax, or other professional advice. Any financial figures mentioned are illustrative and should not be considered as average or exact earnings or promises of actual or future performance. Decisions based on information from our products, events, services, or Sites should be made with the awareness that you may encounter risks or losses, similar to any entrepreneurial venture. Always exercise caution and consult your accountant, lawyer, or professional advisor before acting on information related to lifestyle changes, business, or finances. You are solely responsible and accountable for your decisions, actions, and results, and by registering here, you agree not to hold us liable for your decisions, actions, or results, at any time and under any circumstances.

Parental Permission Our Sites are not intended for children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents actively oversee their children's internet exploration and use parental controls to restrict access to certain online areas. At our discretion, users under 18 may be required to obtain parental or guardian consent to access specific content, and access to certain content may be limited to users above a specified age. You agree to adhere to any such restrictions and not assist anyone in circumventing them.

Explicit Language & Mature Content On our Sites, we may occasionally discuss mature topics and use explicit language related to personal and professional growth. Users who find such topics or language uncomfortable should avoid using our Sites.

Confidentiality and Non-Compete

Users of our Sites, as well as our affiliated Sites, acknowledge that the tools, processes, strategies, materials, and information presented on these Sites are copyrighted and proprietary. Therefore, users agree not to record, duplicate, distribute, teach, or train from our information in any manner without obtaining our express written permission. Any unauthorized use or distribution of the proprietary concepts, materials, and intellectual property from our Sites by you or your representatives is strictly prohibited. We will take legal action and seek full damages to protect these rights if any of these terms are violated.

Please be aware that this page may be updated without prior notice. If you have any questions, please contact us at support@michaeljpfitzgerald.com.

Ownership of Site & Copyright
Michaeljpfitzgerald.com web site is owned by Zombie Retirement Nation, Inc..
 

The Michaeljpfitzgerald.com web site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Zombie Retirement Nation, Inc. or its licensors accessible via the web site (collectively hereafter referred to as the “Web Site”) is and shall remain the exclusive property of Zombie Retirement Nation, Inc. and its licensors, as the case may be.
 

All rights to the Web Site remain with Zombie Retirement Nation, Inc. or its licensors.
 

This site is for your personal and non-commercial use.
 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.
Links
Michaeljpfitzgerald.com makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.
 

Web Site Electronic Service Agreement
You agree with Michaeljpfitzgerald.com ("we","our", "us," as the case may be) as follows:
 

Our Web Site (the “Site”) was designed to help our advisory clients view information regarding accounts managed by our firm, and to use information, content, messages, products, services, software and databases available through the Site.
 

The Site is available only to advisory clients (referred to as “you”) who agree to the terms and conditions in this Agreement.
 

If you agree with the terms and conditions of this Agreement, select “I Agree” below to acknowledge your consent and intention to be bound by these terms and conditions.
 

By selecting “I Agree,” completing the registration process, obtaining a password, and/or using the Site, (i) you represent and warrant that you have the authority to enter into this Agreement and create a binding contractual obligation, (ii) you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding, and (iii) you represent and warrant that you will use the Site in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, as the same may be amended by us, online or otherwise, from time to time.
If you do not agree with the terms and conditions in this Agreement, select “Cancel,” and you will exit the Site.
 

In that case you must promptly return to us all materials in your possession that are associated with the Site.
 

This Agreement applies to all information, content, messages, products, services, software and databases available through the Site.
 

1) Electronic Services.
 

We will provide you with certain Web-based account services (the “Electronic Services”). In using the Electronic Services, you shall at all times comply with our Acceptable Use Policy (“AUP”) set forth below, as may be revised by us from time-to-time.
 

We will provide you with electronic notice, either by e-mail or Web posting, of the revision.
 

Your continued use of the Electronic Services shall constitute your acceptance of the revision.
 

2) License Grant.
 

Subject to the terms and conditions of this Agreement, we grant you a limited, nontransferable, nonexclusive license to access and use the Electronic Services.
 

3) Third Party Service Providers.
 

We use third party service providers, vendors, and licensors to assist (including Performance Technologies, Inc.) in providing the Electronic Services (each, a “Third Party Service Provider”).
 

You hereby consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Provider(s) as we deem necessary or desirable to provide the Electronic Services to you.
 

You agree that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of this Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement.
 

You also agree that all references to us within this Agreement and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers.
 

Your use of certain services provided by Third Party Service Providers (including, but not limited to, account aggregation services provided by Yodlee.com, Inc.) will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Providers.
 

These additional terms and conditions will be made available to you when, and if, you access the third party services.
 

4) Financial Market Information.
No Warranty: Financial Information.
 

Our Electronic Services make available certain financial market data, quotes, news, research and opinions (including Research Reports, as defined below) or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers and other providers (collectively the “Information Providers”) or has been obtained by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through us, the Information Providers or any other third party transmitting the Information (the “Information Transmitters”). All such Information is provided “as-is” and “as-available.”
 

You agree that neither we nor any of the Information Providers or the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither we nor any of the Information Providers or the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Electronic Services. You understand that none of the Information (including Research Reports) available through the Electronic Services constitutes a recommendation or solicitation that you should purchase or sell any particular security or use the services of any Third-Party Service Provider, including but not limited to Information Providers and Information Transmitters.
 

5) Research Reports.
The Electronic Services make available analyst research and opinions (“Research Reports”) that may be prepared by an Information Provider or by various third party investment bankers or other entities providing analysis, research and opinions (“Third Party Research Providers”). We do not endorse or approve Research Reports prepared by Third Party Research Providers and only make such Research Reports available to you as a service and convenience.
 

We and our Third-Party Research Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Research Reports, or (2) warrant any results from your use of the Research Reports. The Research Reports have been prepared as of the date indicated and may become unreliable for various reasons including, for example, changes in market or economic circumstances.
 

All such Research Reports are provided on an “as-is” and “as-available” basis.
 

We and each of our Research Providers is not obligated to update any information or opinions contained in any Research Report or to continue to offer Information or Research Reports regarding any company or security. You acknowledge that recommendations in the Research Reports to buy, sell, hold, or otherwise consider securities are not, and should not be construed as, recommendations or advice to you designed to meet your particular objectives or financial situation. From time to time, we and our Research Providers may be unable to provide Research Reports with respect to certain companies with which we and/or our Research Providers, or their respective affiliates have certain business relationships.
 

6) Alerts.
 

We may, from time to time, send email notices about investment markets or particular securities that we believe will be of interest to you (“Alerts”).
 

Alerts are subject to certain limitations and requirements that are described here and that may be described at the time you subscribe, or we subscribe for you, to a particular Alert. Your subscription or use of any Alert will serve as an acknowledgement that you have read and understood the applicable limitations and conditions. The information in Alerts may be prepared and delivered by Information Providers. The information may be delayed. Neither we nor any Information Provider guarantee the accuracy, completeness, or timeliness of information available through Alerts. Reliability of your receipt of Alerts and their timeliness will also depend on factors outside of our control, including Internet, E-mail, and pager service availability and transmission capabilities. Alerts are not investment recommendations or advice. Any investment decision you make on the basis of Alerts is your sole responsibility. Alerts are sent through unencrypted e-mail, and neither we nor any Information Provider is liable for any unauthorized use or interception. If you subscribe to Alerts, you acknowledge that you have read and understood this notification.
 

7) Beta Services.
 

We may designate certain new functionality or services to be made available in connection with the Electronic Services as “Beta Services.” Such Beta Services will not be ready for use in a production environment.
 

Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results.
 

You acknowledge and agree that: (i) the Beta Services will be experimental and will not have been fully tested; (ii) the Beta Services may not meet your requirements; (iii) the use or operation of the Beta Services may not be uninterrupted or error free; (iv) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us; and (v) you shall inform your employees, staff members, and other users regarding the nature of the Beta Services.
 

Your use of the Beta Services shall be subject to all of the terms and conditions set forth herein relating to the Electronic Services.
 

You shall promptly report any errors, defects, or other deficiencies in the Beta Services to us. Notwithstanding any other provision of this agreement, all beta services are provided “as-is” and “as-available”, “without warranties of any kind”. You hereby waive any and all claims, now known or later discovered, that you may have against us and our suppliers/licensors arising out of your use of the Beta Services.
 

8) Disclaimer of Warranties.
The electronic services are provided “as is” and “as available”, with all faults, and without warranty of any kind. We disclaim all warranties, express and implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, and title/non-infringement. Use of the electronic services is at your own risk. We do not warrant that the electronic services will meet your requirement, or that the electronic services are compatible with any hardware or software platform, or that the operation of the electronic services will be uninterrupted or error-free, or that defects in the electronic services will be corrected. Furthermore, we do not warrant or make any representation regarding the use or the results of the use of electronic services in terms of their correctness, accuracy, quality, reliability, security, appropriateness for a particular task or application, currentness, or otherwise. No oral or written information or advice given by us, or our authorized representatives shall create a warranty or in any way increase the scope of our obligation hereunder. The electronic services may be used to access and transfer information over the internet. You acknowledge and agree that we do not operate or control the internet, and that, (1) viruses, worms, trojan horses, or other undesirable data or software, or (2) unauthorized users (i.e., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. We shall not be responsible for such activities.
 

9) Agreement Not To Contact Analyst.
You agree not to contact any individual or analyst who is an author of, or who is named on, any Research Report, or any representative of any Information or Research Provider.