Terms of Use and Disclaimers

Terms of Use

FFI Solutions

Last Updated: July 15, 2021

  1. Introduction

FFIS Solutions (“FFIS,” “we,” “us” or “our”) owns and operates FFISolutions.com, including all information and content therewith and provides related Site to host and operate the software (collectively, the “Site”).

We are pleased to provide you (a “User”) with access to the Site, conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Use”) and your compliance with all applicable laws and regulations.

Except as expressly stated in these Terms of Use, the Site are provided to you ‘as is’ and without warranty or representation. YOU UNDERSTAND ACKNOWLEDGE THAT Neither FFIS, nor its directors, OFFICERS, employees, consultants or agents, are acting as an investment financial or other advisor to YOU, and thus YOU cannot rely on the Site or other information OR CONTENT supplied by FFIS as investment or financial advice.  Nothing in theSE TERMS OF SITE is intended to or should be construed as creating a fiduciary relationship between YOU and FFIS or any other person. This paragraph will survive any termination of thESE TERMS OF USE for any reason.

Please read these Terms of Use carefully before accessing or using our Site. Our Terms of Use, along with our Privacy Policy, and any other policies or agreements referenced herein, govern the relationship between you and FFIS. You accept these Terms of Use when you register an account on our Site or interact with our Site. If you do not agree to all the terms and conditions of these Terms of Use, then you may not use or access the Site.

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Site. Any changes will be effective as of the date of posting. If you have an account, you will be prompted to review the changes to these Terms of Use when you use the Site. Otherwise, we may notify you via email of changes.  You understand it is your responsibility to review these Terms of Use each time you access or use the Site.

  1. Our Site

The Site is available to the public to browse and obtain information related to our solutions and other Content. Certain aspects of our Site contain tools for Users (defined below) to collect, aggregate, analyze, and visualize carbon diagnostics of certain companies or access other materials and information. Access to such portions of the Site and Content may be limited to those Users who have registered an account with us and, if applicable, paid the required fees. You understand that certain parts of the Site and some Content may only be available to Users that have registered an account with us. In connection with your access to and use of the Content and the Site, you hereby consent to receive electronic communications from us through email, the Site, or other electronic means.

In addition, certain aspects and functionality of our Site may be subject to additional terms. You will be provided with a copy of those terms in connection with your access or purchase of such functionality.

YOU UNDERSTAND THAT The Content available TO YOU on our Site or otherwise provided through your use of the Site IS presented exclusively for informational purposes and for your internal BUSINESS use.  THE “CONTENT” INCLUDES BUT IS NOT LIMITED TO all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, REPORTS, DOWNLOADABLE MATERIALS and other materials available ON THE SITE. FFIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, SUITABILITY, RELIABILITY OR TIMELINESS OF THE CONTENT OR SITE PROVIDED BY OR THROUGH THE SITE.

  1. Your Obligations; Your Representations and Warranties

In addition to any other obligations set forth in these Terms of Use, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You may never use another User’s account, and you may not provide another person with the username and password to access your account.  You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security with respect to your account. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions. You shall submit only truthful, complete, and accurate information through the Site to us.

You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to access the Site, including but not limited to, a device with Internet access. We reserve the right to modify the Site or change the access configuration, including any software, hardware, or other requirements at any time and without prior notice.

In addition to other restrictions as set forth in the Terms of Use, you are prohibited from using the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet, or otherwise interfere with other users’ access to the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

By submitting content, information or data via the Site, such content shall be referred to as “Your Content”), you further represent and warrant that:

  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in Your Content to permit use of Your Content in the manner contemplated by these Terms of Use);
  • Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  • All “moral rights” that you may have in Your Content have been voluntarily waived by you;
  • Your Content is accurate; and
  • You Content does not violate these Terms of Use, the Privacy Policy or any applicable law, rules or regulations.

Except as otherwise provided in these Terms of Use, you understand and agree that Your Content will be treated as non-confidential and non-proprietary information.

  1. Third Parties; Third-Party Links

Third-party links or other features on the Site may direct you to or utilize a third-party website or service that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, third-party site, resources, content, or any other transactions made in connection with any third party. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.

  1. Intellectual Property
      1. Ownership of this Site and Content by FFIS

    Subject to these Terms of Use, you are hereby granted a non-transferable, non-exclusive, limited, revocable license to use the Site and access the Content provided to you through the Site. The Site and all Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of FFIS. Except as otherwise provided herein, the Site and Content may not be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

    The “FFIS” name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site or the Content, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of FFIS (the “FFIS Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site (or through the Service)  are the property of their respective owners. You are not authorized to display or use the FFIS Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of the applicable owners.

      1. Feedback

    You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting Your Content on our Site or through any other communication or means, will be the exclusive property of FFIS. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.

    1. Your Content

As between us, you shall retain all rights in and to Your Content. You hereby grant to us a non-exclusive, worldwide license to access, use, modify, copy, distribute, display and reproduce Your Content to the extent required to provide the Site to you.

  1. Termination

FFIS may terminate your access to the Site at any time and for any reason, including, without limitation, your breach of any of the Terms of Use. Upon termination, your access to the Site will immediately cease. The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Use shall survive any such termination. You may also terminate these Terms of Use at any time by notifying us that you no longer wish to use the Site or when you cease using the Site.

  1. Disclaimer

Although FFIS has attempted to provide accurate CONTENT ON THIS SITE AND in THE REPORTS PROVIDED TO YOU, FFIS and its third-party data providers do not guarantee and assume no responsibility for the accuracy, timeliness or completeness of the information. FFIS may change the products AND SERVICES mentioned in THESE TERMS OF SERVICE OR ELSEWHERE ON THE SITE at any time without notice. Mention of ANY non-FFIS products or Site is for informational purposes only and constitutes neither an endorsement nor recommendation.

FFIS is not an investment advisor, and FFIS makes no representation regarding the advisability of investing or divesting in or from any security, investment fund or other investment vehicle. A decision to invest or divest in or from any such security, investment fund or other investment vehicle should not be made in reliance on any of the statements set forth ON THE SITE OR IN A REPORT. ANY report GENERATED BY FFIS has been prepared solely for informational purposes only based upon information generally available to the public from sources believed to be reliable. The CONTENT, INCLUDING ANY REPORTS, may not be reproduced or disseminated in whole or in part without the prior written permission of FFIS. The CONTENT may not be used for commercial purposes, legal purposes or in connection with creating, sponsoring, managing, marketing any portfolios, financial products, or other investment vehicles.

THE CONTENT AND ANY INFORMATION IN A REPORT MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND FFIS, ALL CONTENT AND THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FFIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT WHEN YOU VIEW CONTENT OR USE THE SITE, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND THE SITE, AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND THE SITE MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH CONTENT AND THE SITE IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.

  1. Limitation of Liability

FFIS, INCLUDING ITS AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, (COLLECTIVELY, THE “FFIS PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT AND THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FFIS PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE AND CONTENT, EVEN IF THE FFIS PARTIES WERE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FFIS PARTIES’ LIABILITY SHALL NOT EXCEED THE GREATER OF THE FEES PAID BY YOU FOR ANY OF OUR SOLUTIONS IN THE 12 MONTHS PRECEDING THE DATE THE CLAIM FIRST AROSE OR $100.00. YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE, INCLUDING YOUR USE OF THE CONTENT OR THE SITE, WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

  1. Indemnification

You agree to indemnify, defend and hold harmless the FFIS Parties from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Content and the Site, or your breach of these Terms of Use (including any referenced policies or notices), or your violation of any law or the rights of a third party.

  1. Privacy Policy

FFIS respects your privacy and understands the importance of confidentiality and privacy of your personal information. Please review our Privacy Policy for information regarding how we may collect, use and disclose your personal information.

  1. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of State of New York.

  1. General Terms

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

FFIS is not responsible or liable if or when your access to the Content or the Site is or becomes delayed or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility Site; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of FFIS. Furthermore, FFIS is not liable for any computer viruses, malicious code or other defect in the Site or incompatibility between the Site and your web browser.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall not create any partnership, joint venture, employment, or other agency relationship between you and FFIS. Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the FFIS Parties), the parties agree that there are no third-party beneficiaries of these Terms of Use.

These Terms of Use and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

FFIS may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Use to any affiliate of FFIS or to another third party in the event that some or all of the FFIS’ business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.

  1. Contact Information

If you have questions about these Terms of Use, you may contact us at +1 (646) 568-5900, by email at contactus@ffisolutions.com, or by mail at 130 Murray Ave., Port Washington, NY 11050 USA.