Terms & Conditions
Last Updated: December 2, 2023
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
The following terms ("Terms of Use") constitute an agreement between Financiario LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by the Company (the "Website"), located at https://oanalabes.com/ and any related pages, subdomains, domains, and websites operated by the Company, including any pages used to offer, sell, deliver, host, or provide access to Products or free materials. The Company, owner and operator of the Website, operates under the laws of the State of California, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. The Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.
PURCHASE POLICIES
On the Website, you may purchase courses and other digital products related to finance and accounting topics that you complete at your own pace (the “Products”). The Website may also offer free products and materials, including but not limited to free downloads, templates, guides, checklists, newsletters, and other informational resources (“Free Products”). Products and Free Products are referred to collectively as “Materials.”
You represent and warrant that if you are purchasing any Product from the Company, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
NO REFUNDS FOR DIGITAL PRODUCTS
All sales are final. Because the Products are digital and are delivered and/or made available immediately upon purchase, no refunds, returns, credits, or exchanges will be provided for any Products, including but not limited to courses, downloads, templates, workbooks, recordings, and bundles. If you experience a technical issue accessing a Product, contact [email protected] and we will make reasonable efforts to restore access. Technical issues do not create a right to a refund.
PAYMENT PLANS; MISSED PAYMENTS; ACCESS SUSPENSION
If you purchase a Product using a payment plan, you agree to pay each installment on the due date. If any installment payment fails or is not made when due, your access to the Product (including any course portal access, community access, downloads, recordings, and included bonuses) will be suspended at that point and will remain suspended until all past-due amounts are paid and your account is brought current. You remain responsible for the full balance owed under the payment plan.
CHARGEBACKS AND PAYMENT DISPUTES
You agree not to initiate chargebacks or payment disputes for valid charges. If you initiate a chargeback or dispute, the Company may suspend access to the Products pending resolution. Where permitted by law, you agree to reimburse the Company for fees or costs incurred due to chargebacks or disputes.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. The Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password ("User Account"). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene.
CREDENTIAL SHARING PROHIBITED
You may not share, transfer, or allow anyone else to use your User Account, username, password, or login credentials. You are responsible for all activity that occurs under your User Account. If the Company determines, in its sole discretion, that you have shared credentials or allowed unauthorized access, the Company may immediately suspend or terminate your User Account and your access to the Website and Products without refund, and may pursue any legal remedies available.
If you suspect your password has been compromised, you must notify the Company immediately at [email protected] . The Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to the Company or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with the Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to the Company is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in the Company’s sole discretion.
The Company may disable your username and password at its sole discretion, refuse to register a user for the Products or use of the Website, remove, or edit any content contributed to the Website or Products or cancel any User Account. The Company may, without notice, refuse access to its Website or Products, in whole or part, to any person that fails to comply with these Terms of Use. This includes suspension or termination based on suspected credential sharing or unauthorized access.
The Company reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company. All inquiries for use of the Company’s intellectual property must be submitted to [email protected] . The Company reserves the right to seek equitable and compensatory relief for any violation of this term.
NO TRANSFER OF OWNERSHIP; NO ALTERATION; NO SHARING
Your purchase (or access to any Materials, including Free Products) grants you a limited, non-exclusive, non-transferable, revocable license to use the Materials solely for your personal use (or internal business use only within your own organization). No ownership rights are transferred. You may not sell, gift, sublicense, assign, rent, lease, transfer, publish, distribute, share, upload, post, or otherwise make available any Materials to any other person or entity. You may not modify, translate, adapt, create derivative works from, or alter the Materials unless the Company explicitly states in writing that a specific item is permitted to be modified.
GENERAL DISCLAIMER
The Company has made every effort to ensure that all information on the Website has been tested for accuracy. The Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Company. The Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
NO PROFESSIONAL ADVICE; SEEK PROFESSIONAL COUNSEL; DO YOUR OWN RESEARCH; ERRORS POSSIBLE
All content on the Website and all Materials are provided for informational and educational purposes only. Nothing on the Website or in any Materials constitutes, or should be relied upon as, professional advice, including but not limited to investment, accounting, tax, legal, financial, or other professional advice. You should seek advice from qualified professionals who are familiar with your specific circumstances before making decisions. You understand and agree that you are responsible for conducting your own research and due diligence and for your decisions and results. While we make best efforts to ensure accuracy, errors, omissions, or outdated information may occur, and the Company makes no representations or warranties regarding completeness, accuracy, or suitability for your purposes.
BUSINESS INFORMATION DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
INCOME OR EARNINGS INFORMATION DISCLAIMER
Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. The Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. The Company assumes no responsibility for errors or omissions that may appear on the Website.
USE OF THE WEBSITE
Unless otherwise stated, the Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
Republication of content from the Website or Products, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Website or Products;
Reproduction or duplication of any content on the Website or in the Products for commercial purposes;
Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included. Furthermore, you may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under United States and international copyright laws.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without the Company's express written permission.
You must not use the Website or Products to transmit or send any unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without the Company's express written permission.
INTELLECTUAL PROPERTY
All original materials provided by the Company are owned by the Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of the Company’s intellectual property. All intellectual property remains the property of the Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied.
Certain of the names, logos, and other materials displayed on the Website or in the Products constitute the Company's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without the Company's express consent. Ownership of Company IP remains with the Company and you agree not to make any claims or assertions of any other party's ownership of Company IP.
EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of the Terms of Use, the Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that the Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by the Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
From time to time, the Website will legally utilize trademarks owned by third parties related to the Company's services. These trademarks are the respective property of their owners.
SPONSORED DISCLOSURE
From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with the Company to create content featuring certain messages or product placements. Pursuant to legal requirements, all such advertisements on the Website or in the Products are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, the Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website or in the Products are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GRANT OF RIGHTS
You grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, the Company and the Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party.
The Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on the Company's servers; or, (iii) hosted or published on the Website or Products. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding the Company's rights under the Terms of Use, the Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content.
COMMENT POLICY
The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or the Company;
spam;
hate speech;
defamatory to the Company or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
The Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you provide your email to the Company through the Website, such as when purchasing a product or downloading a free product or registering for services, you consent to receiving communications from the Company electronically. This may include newsletters, regular email updates, and other informational or promotional content. You can unsubscribe from these communications at any time by clicking the "unsubscribe" link in any email or by contacting the Company at [email protected] .
All communications comply with applicable laws governing email marketing, and the Company respects your preferences and privacy regarding email communications.
THIRD PARTIES
The Website and Products may contain links to third-party websites that are not governed or controlled by the Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. The Company assumes no control or liability over the content of any third-party sites. You expressly hold the Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or Products, you must complete any necessary investigation or due diligence. You understand that the Company does not perform psychological testing or background checks on the individuals who may use the Website or the Company’s Products or services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, Products, or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or Products, you expressly hold the Company harmless from any and all liability in any dispute.
CHILDREN'S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact the Company immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
NO WARRANTIES
The Website and Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. The Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein.
The Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. The Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English and the Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY
You agree to defend, indemnify and hold the Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which the Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of California, without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Website, Products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by JAMS under its applicable arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Los Angeles County, California. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, Products or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without the Company's prior written consent; however, the Terms of Use may be assigned by the Company in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by the Company.
The failure of the Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or the Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for the Company and to your email address.