Website Terms of Use and Privacy Policy

These Website Terms of Use and Privacy Policy (hereinafter called these “Terms of Use”) set forth legally binding terms that govern and restrict your use of the website sponsored by ExFinal Connections., an Ohio corporation (the “Corporation,” “us,” or “we” as appropriate), currently with a URL of “https://www.exfinal.com/” (this “Website”). These Terms of Use relate to orders you place whether through the website or otherwise, as well as provide information to help you understand how ExFinal collects and processes the information that you share when you use this Website. If you do not agree to these Terms of Use, you should cease your use of this Website immediately, and, as stated in Paragraph 1 below, your continued use of this website indicates your agreement with these Terms of Use.

1. Your Consent

YOUR ACT OF USING AND OR REGISTERING WITH THIS WEBSITE INDICATES THAT YOU AGREE WITH THESE TERMS OF USE AND ACCEPT THE PRACTICES DESCRIBED IN THESE TERMS OF USE.  IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE AND DO NOT REGISTER WITH THIS WEBSITE.  By agreeing to theSE Terms of Use, you are also consenting to the collection, use and disclosure of your personal information THROUGH THIS WEBSITE as set forth below.  Please review our Privacy Policy herein (hereinafter called the “Privacy Policy”) before continuing to use this Website.

2. These Terms May Change

ExFinal is continually improving and adding to the features and functions offered through this Website.  As a result of these changes (or related changes in the law or in best practices), we may update or revise these Terms of Use.  Accordingly, we reserve the right to update and modify these Terms of Use at any time -- without prior notice -- by posting the revised versions behind the link marked “Terms of Use and Privacy Policy” at the bottom of each page of this Website.  Your continued use of this Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.  You may access the current version of these Terms of Use at any time by clicking the appropriate link marked “Terms of Use and Privacy Policy” at the bottom of each page of this Website.

3. Restrictions on Your Use of This Website

You may not use this Website:

1. If you are not at least thirteen (13) years old; if you are between thirteen (13) years old and eighteen (18) years old and acting without parental permission, or to post any text or materials if you are not at least eighteen (18) years old;
2. To post any text and other materials in violation of our Restrictions on Submissions, as specified below in these Terms of Use;
3. To access (or attempt to access) areas or features of this Website for which you do not have proper authorization;
4. To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
5. In any manner that violates any national, state, local, or international law, rule, or regulation;
6. For any commercial purpose, including to advertise, promote, or sell products or services;
7. To further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
8. In any manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Website;
9. To harvest or collect e-mail addresses or other information of other users by electronic or other means; or
10. In a manner that we determine, in our sole and absolute discretion, inhibits any other user from using or enjoying this Website.

By accessing this Website and continuing your use of it, you thereby certify that the above restrictions do not in any way apply to you and you will not use this Website in any manner that would cause the above restrictions to apply to you.

4. Restrictions on Submissions

You may not post any text or any other materials on this Website (hereinafter called a “Submission”) that:

1. is not true, accurate, current, and complete information;
2. violates any copyright, trademark rights, patent rights, rights to privacy or confidentiality, or any other rights of any party;
3. is harmful, hateful, threatening, abusive, harassing, defamatory, libelous; sexually explicit, vulgar, lewd, obscene, pornographic, offensive, inappropriate or inflammatory;
4. contains private or sensitive information about any other person without first obtaining that person’s express written permission;
5. contains the image, name, or likeness of anyone other than yourself, unless that person is over eighteen (18) years of age and you have first obtained that person’s express written permission;
6. contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
7. links to materials or other content, directly or indirectly, to which you do not have a right to so link or that violates these restrictions;
8. encourages others to violate these Terms of Use; or
9. violates any applicable national, state, local or international law.

License to Use Your Submissions.  By posting a Submission on this Website, you are granting us a non-exclusive, worldwide, fully paid-up and royalty-free, fully assignable, transferable and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based upon your Submission, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known, in accordance with these Terms of Use and Privacy Policy.

Your Warranties with Respect to Your Submissions.  By posting a Submission on this Website, you represent and warrant that the posting of your Submission does not violate these Terms of Use or any applicable federal or state laws.

Responsibility for Submissions Posted on this Website.  You and you alone are responsible for your Submissions.  Your failure to comply with these Terms of Use may expose you to liability to ExFinal and liability to individuals or legal entities whose copyrights or other rights have been violated.  UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH THIS WEBSITE BY YOU OR ANY OTHER USER, AND ANY SUBMISSION POST ON OR MADE AVAILABLE THROUGH THIS WEBSITE DOES NOT NECESSARILY REFLECT THE VIEWS OF ExFinal.  We do not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity, or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable Submissions will not appear on this Website.  We do, however, reserve the right to review any or all Submissions in our sole discretion.  In addition, we reserve the right to alter, edit, or remove any Submissions, in whole or in part, at our sole discretion.

5. Ownership of Website and Content

Ownership of This Website.  This Website, including all of the software and code comprising or used to operate this Website, all of the personalized Corporation pages, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website (collectively, “Content”), except for your own Submissions, is owned by ExFinal or by third parties who have licensed their rights to ExFinal.  No right, title, or interest in this Website, and any Corporation page, or any Content is transferred to you under these Terms of Use.

Copyrights.  As between you and ExFinal, ExFinal and its licensors own and reserve the copyrights in this Website, including all of its Content, except that ExFinal does not claim ownership of the copyrights in your Submissions.

Trademarks.  All trade names, trademarks, and service marks displayed on this Website are trademarks of ExFinal, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties.  You may not use any Trademarks displayed on this Website without the prior express written permission of ExFinal or the trademark owner.

6. How Do We Use Electronic Communications?

After you have consented to use texts or emails, we use electronic communications to convey important information regarding deals and special offers. You may indicate a preference to stop receiving further text messages or marketing e-mails at any time by e-mailing us.

7. Website Transactions

Information that May be Requested. If you wish to use this Website, or to purchase any product or service made available through this Website, certain information relevant to the transaction may be requested, including without limitation your credit card number, the expiration date of your credit card, the special or CVV or security code on your credit card, your billing address, and your shipping information.

Personal Information. Personal information you share with us during order placement or user registration is kept confidential. We do not share this information with outside parties except to the extent necessary to complete your order or request. Contact information including addresses, email addresses and phone numbers will never be sold to or shared with outside parties. The information you share will only be used for: fulfilling orders, sending information about orders, processing and collecting payments, and providing promotional marketing materials.

Warranties and Representations by You. You hereby represent and warrant that you (i) have the legal right to use any credit card, debit card, or other payment method that you use in connection with the purchase or transaction and (ii) you are at least of the legal age of residence in your state or territory, which is typically eighteen (18) years of age. By submitting personal information as part of any transaction, you grant us or the third-party collecting that information on our behalf the right to provide such information to third-parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand and agree that you are charged at the time you place your order for products or services. You agree to pay all charges incurred by you, on your behalf, or by your account through our Website, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

Information & Pricing Subject to Change. All product information, including images, descriptions, specifications, and pricing information are subject to change at any time without notice in our sole discretion. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.

Cancellation or Limitation by ExFinal. We reserve the right to cancel any order you place with us, at the sole discretion of ExFinal. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the product is no longer in our inventory or that of our third-party fulfillment provider. If any order is cancelled, ExFinal will attempt to notify you by contacting you through the information you provided as part of the transaction.  We reserve the right to limit the available quantity of or discontinue any product or service; impose conditions on the use and redemption of any promotional materials, including coupons or discount codes; bar you from making or completing any or all transactions; or refuse to provide you with any product or service.

Cookies. “Cookies” are small text files created by a website that are stored in your computer browser either temporarily or permanently. They are used to recognize and keep track of your preferences and to enhance your shopping and browsing experience. Cookies do not contain any information that personally identify you. We use cookies to provide ads based on users’ past visits to this Website. You may opt out of Google’s use of cookies by visiting Google’s Ads Settings at: http://www.google.com/settings/ads.

Google Analytics. ExFinal may use Google Analytics or other similar technology to collect data and track website performance. Google Analytics and such other similar technologies may also use “cookies” to collect data. This data does not identify you personally. Any information provided to ExFinal about your personal identity is kept confidential and not shared in any way with Google or other parties.

Right to Know. You may request to know whether we process your personal information and to access such personal information.

In addition, you may request that we disclose to you the following information covering the twelve (12) months preceding your request: (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the business or commercial purpose for collecting or sharing personal information about you; (iii) the categories of personal information about you that we shared and the categories of third parties to whom we shared such information; and (iv) the categories of personal information about you that we otherwise disclosed, and the categories of third parties to whom we disclosed such personal information.

You may request to receive a copy of your personal information, including specific pieces of personal information, including, where applicable, to obtain a copy of your personal information in a portable, readily usable format.

Right to Delete. You may request that we delete your personal information, subject to certain exceptions. This applies to personal information we collected from you.

Right to Correct. You may request to correct inaccuracies in your personal information.

Right to Opt-Out. You may request that we do not share your personal information for cross-contextual behavioral advertising or targeted advertising by utilizing the “Cookie Settings” link on this website that use tracking technologies for such purposes or by sending an opt-out preference signal supported by your device or browser. Your use of an opt-out preference signal will apply only to your device or browser and not to other personal information that is not linked to your device or browser.

You may request to opt out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

Right Not to Receive Discriminatory Treatment. We will not unlawfully discriminate against you because you exercise any of your rights under the U.S. Consumer Privacy Laws.

Online Tracking. We do not respond to do-not-track signals.

Updating Personal Information. Because we rely on the personal information you provide, it is important to keep it up to date. If your personal information changes, you may notify us by login your account to update your information.

8. Links to Other Websites

This Website, including individual Corporation pages, may provide links to other websites operated by third parties.  Because we have no control over other third-party websites, we are not responsible for the availability of those websites, and we do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.  ExFinal 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.  These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. We encourage you to review and understand the privacy policies on those websites as well.

9. Disclaimer of Warranties

ExFinal MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY PRODUCT OR SERVICE PROMOTED OR SOLD THROUGH THIS WEBSITE OR OTHERWISE OR ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS WEBSITE.  THIS WEBSITE AND ALL OF ITS CONTENT AND ANY PRODUCTS SOLD THROUGH THIS WEBSITE ARE PROVIDED “AS IS” “WHERE IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ExFinal DISCLAIMS ALL WARRANTIES ON THE USE OF THIS WEBSITE AND ON ANY AND ALL PRODUCTS SOLD THROUGH THIS WEBSITE OR OTHERWISE, EXPRESS AND IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING,COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ExFinal DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS WEBSITE, WHETHER REGARDING THE PRODUCTS SOLD ON THIS WEBSITE OR OTHERWISE.  ExFinal DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY USERS, AND USER SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF ExFinal.  NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.

10. Limitations Of Liability

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY. YOU AGREE THAT YOUR PURCHASE OF ExFinal’S PRODUCTS THROUGH THIS WEBSITE OE OTHERWISE IS AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL ExFinal, OR ITS LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE OR OTHERWISE, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE.

YOU AGREE THAT ExFinal, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR LOSSES OF ANY KIND, WHETHER INCIDENTAL, DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, REVENUE, INCOME OR PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ExFinal OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WE WERE GROSSLY NEGLIGENT, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ExFinal AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH SUCH LIABILITY AROSE.

YOU AGREE TO INDEMNIFY AND HOLD ExFinal, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT BY YOU. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OF THIS WEBSITE OR ANY INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE, AND YOU FURTHER AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.  YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD-PARTIES ARISING OUT OF YOUR USE OF THIS WEBSITE AND ANY INFORMATION ACCESSED FROM THIS WEBSITE.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE LIABILITY OF ExFinal, ITS LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

11. Termination

You agree that ExFinal may, under certain circumstances and without prior notice, immediately terminate your access to this Website with or without cause.  Cause for such termination will include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Website or any part thereof; (e) unexpected technical or security issues or problems; or (f) any other reason deemed sufficient by ExFinal in its sole discretion.  Further, you agree that all terminations for cause will be made in ExFinal’s sole discretion and that ExFinal will not be liable to you or any third-party for termination of your access to this Website.

12. Security

Your data security is very important to us. We use appropriate physical, electronic, and administrative procedures to safeguard information collected online.You may not use the e-mail address and password of any other person to access this Website.  You are responsible for maintaining the confidentiality of your e-mail address and password and may not let any other person use it to access this Website.  You shall be solely responsible for the activities of anyone accessing this Website using a password assigned to you, even if the activities were not, in fact, authorized by you.  You must notify ExFinal immediately of any unauthorized use of your password by e-mailing u; In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided on this Website.  If you need help changing your password, please contact us immediately . In addition, persons using this Website must understand that the Internet is inherently insecure, and that any transmission of personal data is at your own risk, and no website operator can guarantee that a website is secure.  ExFinal does not warrant that this Website is secure or “hacker proof.”  You use this Website at your own risk.

13. Choice of Law, Jurisdiction, and Venue

These Terms of Use and the relationship between you and ExFinal shall be governed by and construed in accordance with the federal laws of the United States of America and the state laws of the Ohio, U.S.A., excluding conflict of laws’ provisions that would indicate the application of the laws of any other jurisdiction.  ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR PURCHASE OF ANY PRODUCT FROM ExFinal OR YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN ALLEGHENY COUNTY, OHIO, U.S.A., REGARDLESS OF FROM WHICH JURISDICTION YOU ACCESS AND/OR USE THIS WEBSITE AND/OR PURCHASE OR TO WHICH JURISDICTION WE SHIP PRODUCTS PURCHASED THROUGH THIS WEBSITE.  YOU AND ExFinal IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.  You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.  If the courts of a state in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

14. Statute of Limitations

You agree that, regardless of any statute or law that would specifically dictate a longer statute of limitations, any claim or cause of action arising out of or related to the use of this Website, these Terms of Use, or the purchase of any product through this Website or otherwise must be filed within the lesser of (i) one (1) year from the date of the purchase of any product or service, or (ii) the period required by any applicable statute or law after such claim or cause of action arose, or (iii) one (1) year, or such claim or cause of action shall be forever barred.

15. General

As used in these Terms of Use, the term “including” means “including, but not limited to.”  Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right.  All waivers must be in writing and signed in ink by the party to be bound.  Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision.  The remaining provisions of the Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and ExFinal with respect to the subject matter hereof.