Appetite for Disruption:  The Business and Regulation of Fintech Website Terms of Use

These terms of use (as they may be changed from time-to-time, the “Terms”) set forth the terms and conditions of your use of the Appetite for Disruption:  The Business and Regulation of Fintech website (the “Website”), which is made available to you on an “as is” and “as available” basis without representation, warranty, guarantee, or undertaking of any kind.  Nothing on the Website (including, without limitation, nothing contained in any podcast episode, and no other website or material to which this Website links) is intended to constitute investment, tax, legal, regulatory, accounting, or any other advice of any kind.  Each time you access and/or use the Website, any content presented on the Website, and/or any links provided on the Website, you are deemed to consent to the Terms, including, without limitation, any changes made to the Terms in the future. 

Please read the Terms carefully, as they govern your usage and access to the Website and any content found on it.  You may not access the Website if you are present in or a resident or citizen of any jurisdiction or country where such access is prohibited, restricted, or subject to requirements that conflict with the Terms.

We hope that you will enjoy the Website!

A.          IMPORTANT THINGS TO REMEMBER and you agree to the following:

1.      We are doing this for fun!  So, the Website is provided for informational purposes only (it in no way constitutes advice of any kind).  We may not update or correct anything on the Website; therefore, the information may be out of date or incorrect when you access it. 

2.      Don’t do anything silly or nasty!  Come on, you know what this means.  Be respectful, helpful, and kind.  Don’t steal any information or content, don’t violate anyone’s intellectual property rights, don’t write anything mean, hateful, or threatening with or about the Website or its content, and don’t try to scam or defraud anyone, or do anything else unlawful, by using the Website or its content.

3.      Talk to professionals!  Nothing on the Website is intended to be investment, tax, legal, regulatory, accounting, or any other type of advice.  DO NOT RELY ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANYTHING SAID IN ANY PODCAST EPISODE, FOR ADVICE.

4.      Please do not send us any private information!  We do not accept private or personal information of any kind.  The Website is public and we undertake no obligations with respect to any information you send to us.

5.      You are responsible for your use and access!  This means that anything you do or anything that happens is not our responsibility and you indemnify and hold us harmless for everything about the Website and your access or use of the Website, its content, and links and the information the links direct you to.

6.      Content on the other side of a link is not our responsibility!  If you click a link, you will leave the Website and any content you receive, view, access, or use on the other side is NOT our responsibility.  You will have to abide by and be subject to the terms and conditions of the other website or other format that you access by clicking on the link.

B.           GENERAL TERMS AND CONDITIONS

Here are the general terms and conditions for using or accessing the Website, its content, and any links:

1.      Your access to and use of the Website are governed by the Terms, which give you a limited, revocable right to access and use the Website, podcasts, content, and links for non-commercial purposes.

2.      You agree that you will not:

a.      attempt to circumvent any features we employ;

b.      attempt to access any unauthorized areas of the Website;

c.       introduce any viruses, worms, malware, trojan horses, or other harmful or destructive content to the platform;

d.      access data through unauthorized means, including, without limitation, using robots, crawlers, and similar applications;

e.      send automated or machine-generated queries;

f.        if posting is permitted in the future, post anything that could be considered:

i.      infringing on the intellectual property or other ownership rights of other parties;

ii.      constituting a violation of a person's right of privacy or right of publicity;

iii.      threatening, vulgar, abusive, defamatory, obscene, or otherwise objectionable;

iv.      unwanted commercial content, including, without limitation, spam and unsolicited messages whose purpose is to drive users to third-party sites;

v.      otherwise prohibited by law;

g.       copy, distribute, modify, or create derivative works of the Website;

h.      breach the security of the Website or publicly identify any security problems of the Website;

i.        collect, harvest, or otherwise obtain personal information of other users without their express consent; and

j.        encourage or induce any third parties to engage in any prohibited uses of the Website.

3.      You also understand and agree that:

a.      Access and use of all content made available through the Website, podcast episodes, or the links is at your own risk, and its availability does not constitute our endorsement, sponsorship, recommendation, or encouragement of that content or any underlying ideas or beliefs.  We also make no representation that the information or opinions contained in any of that content are accurate, reliable, or complete.  We assume no responsibility or liability for such content or to update any of it.

b.      We do not guarantee that access to the Website, content, or links will always be available or uninterrupted.  Access to the Website, content, and links is permitted on a discretionary basis.  We may suspend, withdraw, discontinue, or change all or any part of the Website, content, or links in our sole discretion at any time.  We will not be liable to you if for any reason the Website, content, or links are unavailable at any time or for any period.

c.       The Website, content, and links are provided "as is" and “as available” without representation, guarantee, undertaking, warranty, or condition of any kind, either express or implied, including, without limitation, the implied terms of satisfactory quality, merchantability, or fitness for a particular purpose.  Without limiting the foregoing, we make no warranty or condition that: (i) the Website, content, or links will meet your requirements; (ii) the Website, content, or links will be uninterrupted, timely, secure, free of viruses, or error-free; (iii) the results that may be obtained from the use of the Website, content, or links will be effective, accurate, or reliable; and (iv) the quality of any materials purchased or obtained by you from the Website, content, or links will meet your expectations.

d.      To the extent permitted by law, we will not be liable for any losses, damages, or claims, in each case whether direct or indirect (including, without limitation, direct or indirect loss of profits), consequential, special, punitive, or otherwise incidental that may result from use of the Website, podcasts, or links, howsoever arising, even if we were aware of the possibility of such loss, damage, or claim.  In no event will our liability for anything under the sun be greater than US$5.00.  If you have breached or violated any of the Terms, we will not be liable under any circumstances to you or any third party.

e.      You agree to indemnify and hold us, our affiliates, and service providers, and each of its or their respective officers, directors, managers, agents, co-venturers, employees, and representatives, harmless from any claim or demand (including, without limitation, legal fees and any fines, fees, or penalties imposed by any governmental authority) arising out of or related to your use of the Website, content, or links, your breach of any of the Terms, or your violation of any duty, obligation, law, rule, or regulation, or the rights of any third party.

f.        We reserve the right to terminate your access at any time in our sole discretion, and you agree to abide by any such terminated access.

4.      The Terms make up the entire agreement between you and us regarding the Website, content, and links and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms).

5.      The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, the Terms will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from the Terms.

6.      The Terms and our relationship with you will be governed by the laws of the State of New York, without regard to conflict of laws rules or principles.  Any disputes arising or related to the Terms, the Website, the content, or the links shall be adjudicated in the courts located in New York County, New York.

Thank you for listening to Appetite for Disruption:  The Business and Regulation of Fintech and accessing the Website.