THIS
CASHFLOW TECHNOLOGIES, INC. TERMS OF SERVICE AGREEMENT (the "Agreement")
is made between you, the end user, and CASHFLOW Technologies,
Inc., a Nevada corporation ("CASHFLOW").
1. Purpose. Through this site, CASHFLOW may provide access
to various interactive educational tools and programming such
as online educational games ("Services"). In order
to offer the Services, CASHFLOW, and/or its third party licensors,
have generated screen images, sound recordings, and the site
lay-out (collectively, "Content") and have produced
software to be used in conjunction with the Services ("Software").
2. Access. By entering into this Agreement, you will be granted
a revocable license to have access to the Services without charge.
You are responsible for obtaining access to the Services and
that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Services.
3. Grant of License. CASHFLOW grants to you a personal, non-exclusive,
non-transferable right to (1) view the screen images and site
lay-out, and listen to the sound recordings that are part of
the Services; and (2) use the object code of the Software on
a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software
or Content. You agree not to modify the Software or Content
in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Services. You agree not to access
the Services by any means other than through the interface that
is provided by CASHFLOW for use in accessing the Services. You
also agree not use the Content or Software for any use prohibited
by law.
4. Intellectual Property Protection. The Content and the Software,
including the Software's operation, code, architecture and implementation,
as well as the look and feel of the Software, are the valuable
intellectual property of CASHFLOW or its third party licensors.
The Content and Software are protected by United States copyright
laws and other intellectual property laws as well as international
treaty provisions. This Agreement does not give you any intellectual
property ownership rights in the Content or Software or the
right to make any non-transient copies of the Content or Software.
You agree that you will not make any non-transient copies of
the Content or Software. You may not, and you agree that you
will not, remove any proprietary, copyright or trademark notice
from the Content or Software.
5. Privacy Policy. Certain information about you may be subject
to our Privacy Policy. For more information, see our full Privacy
Policy. Click here for Privacy
Policy.
6. Online Conduct. Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United
States or the country in which you reside.
7. Indemnity. You agree to indemnify and hold CASHFLOW, and
its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Services, your
connection to the Services, your violation of this Agreement,
or your violation of any rights of another.
8. No Resale of Services. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion of the Services, use of the Services, or access to the
Services.
9. Modifications to the Services. CASHFLOW reserves the right
at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof)
with or without notice. You agree that CASHFLOW shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Services.
10. Links. Through this site, CASHFLOW may provide, or third
parties may provide, links to other World Wide Web sites or
resources. Because CASHFLOW has no control over such sites and
resources, you acknowledge and agree that CASHFLOW is not responsible
for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
CASHFLOW shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods
or services available on or through any such site or resource.
11. Trademarks. "Rich Kids Smart Kid", the respective
depictions of Toki, Jesse, Reno, Ima & Earnesto, "Help
Jesse Make a Profit", "Reno's Dilema", "Ima's
Dream", "Rich Dad", "CASHFLOW for Kids"
and other aspects of the site that identify source or origin
of the Services and Content, or establish any affiliation with
CASHFLOW, are trademarks of CASHFLOW Technologies, Inc. ("CASHFLOW
Marks"). Without CASHFLOW's written prior permission, you
agree not to display or use in any manner, the CASHFLOW Marks.
12. Disclaimer of Warranties. THE SERVICES AND CONTENT ARE DO
NOT PROVIDE INVESTMENT ADVICE, AND SHOULD NOT BE USED TO MAKE
ANY INVESTMENT DECISIONS. CASHFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES
RELATED TO ANY USE OF THE SERVICES AND CONTENT. IN ADDITION,
CASHFLOW PROVIDES THE SERVICES AS IS AND MAKES NO
WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE
SERVICES FOR YOUR NEEDS. CASHFLOW MAKES NO EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS
DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT
VARY BY JURISDICTION. NO CASHFLOW AGENT OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CASHFLOW
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER, RELATING TO THE CONTENT, SOFTWARE,
THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF CASHFLOW
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. Termination. Your access privileges are conditioned on your
adherence to the terms of this Agreement. We reserve the right
to temporarily deny you access to this site or permanently terminate
your access privileges at any time if, in our sole discretion,
you have failed to abide by the terms of this Agreement or appear
to us likely to do so. By agreeing to grant you access, we do
not obligate ourselves to do so or to maintain this site, or
to maintain it in its present form, and we expressly reserve
the right to modify, suspend or terminate your access privileges.
You agree and understand that we may, in our sole discretion
and without any prior notice, close this site or deny you access
to it and delete any files from the site. Further, you agree
that CASHFLOW shall not be liable to you or any third-party
for any termination of your access to the Services.
15. General Provisions. This Agreement is the exclusive agreement
between you and CASHFLOW concerning this site and supersedes
any and all prior or contemporaneous oral or written agreements,
representations, negotiations or other dealings between you
and CASHFLOW. This Agreement will be governed by the laws of
the State of Arizona without regard to its conflict of law provisions.
If any part of this Agreement is found to be void, unenforceable
or invalid, it shall not affect the other provisions of this
Agreement. Failure by either party to enforce any provision
of this Agreement will not be deemed a waiver of future enforcement
of that or any other provision.
For questions regarding the site or this Agreement, please email
us. Please be aware that we will not knowingly accept any correspondence
from anyone under the age of 13. By sending us any correspondence,
you are confirming that you are 13 years of age or older. Our
email address is privacy@richdad.com.