Terms and Conditions of Barnum Financial Group
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions are entered into by and between you and Barnum Financial Group, LLC (“Barnum Financial Group,” “we,” “us,” or “our”). These terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) govern your access to and use of any website on which these terms are posted, including but not limited to https://barnumfinancialgroup.com/ (collectively, the “Website”), including any content, functionality, and information made available on or through the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
MINIMUM AGE
This Website is offered and available only to users who are at least 18 years of age (or the age of majority in the State in which you reside). By using the Website, you represent and warrant that you meet this requirement. If you do not, you must not use the Website.
CHANGES TO TERMS; ADDITIONAL TERMS
We may revise and update these Terms from time to time in our sole discretion. We will post the updated Terms on the Website and update the “Last Modified” date above. Changes will be effective when posted, unless otherwise stated. Your continued access to or use of the Website follow the posting of revised Terms means that you accept and agree to the changes.
PRIVACY POLICY
Please review our Privacy Policy, which describes how we collect, use, disclose, and protect personal information and which is incorporated into these Terms by reference.
INFORMATIONAL USE ONLY; NO ADVICE
The content on the Website is provided for general informational purposes only and is not intended to constitute, and should not be construed as, financial, investment, insurance, legal, tax, or other professional advice. You should not act or refrain from acting based on any information on the Website without seeking appropriate professional advice from a qualified advisor familiar with your circumstances.
No content on this Website is a recommendation, offer, or solicitation to buy or sell any financial product or service.
PROPRIETARY RIGHTS
The Website and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Barnum Financial Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.
Barnum Financial Group grants you no rights in the Website, or any of its features, functionality, or content, except as expressly set forth in these Terms. All logos, trademarks, service marks, trade names, and trade dress identifying Barnum Financial Group or its products and services, or otherwise appearing on the Website, are the proprietary marks of Barnum Financial Group or its licensors. You are strictly prohibited from using any of these marks without Barnum Financial Group’s prior express written permission.
LICENSE TO ACCESS AND/OR USE WEBSITE
Subject to your compliance with these Terms, Barnum Financial Group grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for your personal, non-commercial use and solely for lawful purposes.
Except as expressly permitted by these Terms, you must not copy, transmit, display, distribute, download, license, modify, publish, post, reproduce, create derivative works from, sell, or otherwise exploit the Website or any content on the Website for any commercial or public purpose without our prior written consent.
You may view, download, and print a reasonable number of pages from the Website for your personal, non-commercial use, provided that you do not remove or alter any copyright, trademark, or other proprietary notices.
PROHIBITED USES
In accessing or using the Website, you agree that you will not:
- Reproduce, re-distribute, sell, publish, broadcast, or circulate any materials or information contained on the Website without our prior written consent.
- Modify, edit, alter, or create derivative works from any materials or information on the Website, expect as expressly permitted by these Terms.
- Use the Website or any content on the Website for any commercial purpose or for the benefit of any third party not expressly permitted by these Terms.
- Submit any fraudulent, misleading, or otherwise falsified information.
- Use any device, software, or other method to interfere with or attempt to interfere with the proper working of the Website.
- Access or use the Website in a manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s access to and/or use of the Website.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Introduce any virus, Trojan horse, worm, logic bomb, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to the Website, or to any systems or networks connected to the Website, through hacking, password mining, or any other means.
- Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring, scraping, or copying content, without our prior written consent.
- Use the Website or its content to train, develop, or improve any machine learning or artificial intelligence models or systems without our prior written consent.
- Utilize framing techniques to enclose any trademark, logo, or other Barnum Financial Group materials or information without our prior written consent.
- Use any meta tags or any other “hidden text” utilizing Barnum Financial Group’s name or trademarks without our prior written consent.
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
We may, in our sole discretion, and without notice, suspend or terminate your access to the Website if we believe you have violated these Terms or any applicable law.
SECURITY
You are responsible for implementing appropriate security measures on the devices and systems you use to access the Website. You acknowledge that transmission of information over the internet carries inherent risks and that we cannot guarantee that your communications with us through the Website will be free from unauthorized access or interception.
You should not send sensitive or confidential information to us through the Website, and if you choose to do so, you do so at your own risk.
DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL ITS CONTENT, MATERIALS AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABL”E AND BARNUM FINANCIAL GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
BARNUM FINANCIAL GROUP FURTHER DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS OR WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED.
ANY RELIANCE YOU PLACE ON THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK.
We may from time to time amend, change, add, delete, update or alter the information contained at the Website, without notice.
The laws of certain States may not allow certain disclaimers of warranties with respect to consumers, in which case the limitations and disclaimers above apply to the maximum extent permitted by your jurisdiction.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE WEBSITE AND ANY THIRD-PARTY SITES LINKED TO THE WEBSITE.
IN NO EVENT WILL BARNUM FINANCIAL GROUP, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BARNUM FINANCIAL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARNFUM FINANCIAL GROUP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE LAWS OF CERTAIN STATES MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE BARNUM FINANCIAL GROUP’S AND ITS AFFILIATES’ LIABILITY IN CONNECTION WITH THIS WEBSITE AND THESE TERMS SHALL BE LIMITED TO THE MAXIUM EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE STATE.
INDEMNITY
You agree that you are personally responsible for your conduct while using the Website. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Barnum Financial Group and all of its owners, affiliates, directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to
(a) your access to, use of, alleged use of, or inability to use, the Website;
(b) your violation of these Terms or any applicable law or regulation; or
(c) your violation of any third party right (including without limitation any intellectual property, privacy, or proprietary rights).
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with us in the defense of such claims. You agree not to settle any matter without our prior written consent.
LINKS TO OTHER SITES
The Website may contain links to third-party websites or resources that are not under Barnum Financial Group’s control. We provide these links for your information and convenience only. We do not endorse and are not responsible or liable for any third-party websites, resources, content, products, or services, or for any loss or damage that may arise from your use of them.
If you access any third-party websites linked from the Website, you do so at your own risk and subject to the terms and conditions and privacy policies of those third-party websites.
ACCESSIBILITY
We strive to make the Website reasonably accessible to users with disabilities. If you experience difficulty accessing any part of the Website, please contact us at compliance@barnumfg.com, and we will work with you to provide the information or service you need through an alternative method if reasonably available.
GOVERNING LAW; JURISDICTION
These Terms, and any dispute or claim arising out of or relating to these Terms or your use of the Website, shall be governed by, construed, and enforced in accordance with the laws of the State of Connecticut, United States, without regard to its conflicts of law rules.
You agree that the exclusive jurisdiction and venue for any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be the United States District Court for the District of Connecticut. If that court does not have subject matter jurisdiction, then jurisdiction and venue shall be in the courts of the State of Connecticut located in the Judicial District of Ansonia-Milford, Connecticut.
YOU AND BARNUM FINANCIAL GROUP EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE.
SURVIVAL
The following sections of these Terms survive termination of your access to and use of the Website: Proprietary Rights; License to Access and/or Use Website; Security; Disclaimer, Limitation of Liability, Indemnity, Links to Other Sites; Governing Law; Jurisdiction; Survival; and General, and any other provision that, by its nature, is intended to survive such termination.
GENERAL
You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms or any of our rights or obligations under these Terms at any time without notice.
Our failure to require performance of any provision of these Terms does not affect our right to require performance at any time thereafter, nor may you consider our waiver of a breach or default of these Terms a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of paragraph headers in these Terms is for convenience only and does not have any impact on the interpretation of particular provisions.
In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
These Terms, together with any other policies or terms expressly incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and Barnum Financial Group with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Website.
