Effective July 1, 2014 (last updated August 6, 2018)
Welcome to the ngpf.org website (the “Site”) which is owned and operated by Center for Financial Education, Inc. dba Next Gen Personal Finance , a California non-profit corporation(“CFCI” or “we”). CFCI′s mission is to revolutionize the teaching of personal finance in all schools and to improve the financial lives of the next generation of Americans. The Site is designed to serve as both an information resource and an curriculum for educators and finance professionals who wish to join our online community.
PLEASE READ THE ENTIRE TOU CAREFULLY BEFORE USING THE CFCI website.
By using the CFCI website, you acknowledge that you have read and understand the TOU in its entirety, and agree to be bound by its terms. If you do not agree to any of the terms contained in the TOU, please refrain from using the Site. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the Site by such minor is governed by and subject to the TOU.
1. CERTAIN DEFINITIONS
“CFCI Content” means CFCI Curriculum Material (as defined below) and all other CFCI content made available on the CFCI website, including, without limitation, articles, editorials, blogs, images, graphics, photographs, audio, video, multimedia and interactive content.
“CFCI Curriculum Material” means any CFCI curriculum material, course material, teaching guide, study guide, test and practice materials, and other like material made available on the CFCI website.
“Curriculum Contribution” means any Member-made addition, revision, correction, rework or improvement to CFCI Curriculum Material.
“Member” means any User who registers as a member on the CFCI website. Membership registration is required to access and use certain features on the Site, including the Assessments.
“User” or “you” means any person using the CFCI website.
“User Posting” means any content, material, information, data, message or communication originated by a User. For the avoidance of doubt, all of the following will be deemed to constitute User Postings under the TOU: any account registration and profile information submitted by a User; any Curriculum Contribution by a User; and any comment, view, opinion, or other message or communication posted by a User.
2. CHANGES TO TOU
We reserve the right to modify the TOU from time to time in our sole discretion. For example, we may amend the TOU to incorporate additional rules and policies as may be established by CFCI from time to time. If we make material changes to the TOU, we will announce and post such changes on the Site for the general public. If you are a Member, we may also notify you of the material changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the CFCI website. By continuing to use the CFCI website or any CFCI Content after such notice and consent, you are bound by the TOU as modified.
3. RESERVATION OF RIGHTS BY CFCI
Your use of the CFCI website and CFCI Content is a privilege, and NOT a right. Accordingly, CFCI expressly reserves the following rights:
- the right to suspend, revoke and terminate your privilege to use the CFCI website and CFCI Content at any time and with or without notice, should you violate the TOU or any applicable law (please note that a violation of the TOU by anyone using the CFCI website or any CFCI Content under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent);
- the right to terminate the membership account of any User who is determined by us to be a repeat copyright infringer and to deny re-registration by such User;
- the right to suspend, delete, remove, block, disable and deny access to any User Postings at any time, for any or no reason, and with or without notice, including, without limitation, User Postings which, in the sole judgment of CFCI, violate the TOU or any applicable law, or may expose or subject CFCI to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of CFCI, or may pose threats, danger or harm of any kind to the CFCI website, any CFCI Content, or other Users;
- the right to investigate any violation or suspected violation of the TOU and cooperate with law enforcement authorities and/or third parties in such investigation;
- the right to preserve and disclose any User Postings if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of CFCI, its Users, and/or the public; and
4. RESPONSIBILITY FOR USER POSTINGS
All User Postings are the sole responsibility of the User or Users from whom such postings were originated. This means that you, and not CFCI, are entirely responsible for all User Postings made by you. You acknowledge and agree that:
- CFCI may, but has no obligation to, pre-screen, review, edit or monitor any User Postings;
- CFCI does not direct or control User Postings and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy of any User Postings;
- the CFCI website is a public forum and CFCI cannot control how third parties and other Users use personal information when posted publicly on the CFCI website;
- for any personal information that you choose to publish, have published, or otherwise share with others on the CFCI website, you are deemed to have expressly waived your right and expectation of privacy for such information; and
- under no circumstances will CFCI be responsible or liable for others’ use or misuse of any information or data that you choose to publicly publish, have published, or otherwise share with others Users or third parties on the CFCI website.
5. PROHIBITED CONDUCT
The following activities are strictly prohibited on the CFCI website:
- Use any CFCI Content for any commercial purpose or for any purpose related to the development, training, teaching and/or testing of the so-called “Machine Learning” or “Artificial Intelligence” or similar systems, products or programs, except pursuant to a separate license agreement entered into with CFCI;
- Interfere with or disrupt the CFCI website or any servers or networks connected to the CFCI website, or disobey any requirements, procedures,protocols, policies or regulations of networks connected to the CFCI website, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application embedded on our website;
- Violate any applicable law, whether intentionally or unintentionally;
- Stalk or otherwise harass any other person or entity;
- Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the TOU;
- Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the CFCI website or any CFCI Content;
- Use another Member’s Username, Password or other account information without permission; or
- Engage in any other conduct or activity that CFCI determines, in its sole judgment, is illegal, abusive, harmful or improper.
To report abuse or prohibited conduct, please see Section 15 (Contact Us) on how to contact us.
6. INTELLECTUAL PROPERTY
CFCI Trademarks and Service Marks.
The names “CFCI” and “NGPF” and “Next Gen Personal Finance” associated logos and the terms “FinCamp” and “FinCap Friday” (collectively “CFCI Marks”) are trademarks and service marks of Center for Financial Education, Inc. and are protected by federal, state and international laws. Except for purposes of attribution as required by and in compliance with the CC License and the TOU, you may not use CFCI Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of CFCI. Without limitation to the generality of the foregoing, you may not use any CFCI Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims,
suggests, implies, or in CFCI′s sole judgment gives the appearance or impression of, any association, connection or affiliation with CFCI (other than a truthful, non-misleading indication that you are a User or Member of the CFCI website), or any endorsement, sponsorship or approval by CFCI.
Unless otherwise noted, all other trademarks and service marks appearing on the CFCI website are the property of their respective owners.
6.2. CFCI COPYRIGHTS
All CFCI Content is protected under U.S. and international copyrights. CFCI owns and retains all rights, title and interest, including all rights under copyright, in and to all CFCI Content. Your rights to use, share and adapt CFCI Content under the CC License are merely those of a non-exclusive licensee, and you do not acquire copyright ownership with respect to any CFCI Content.
6.3. CFCI LEGAL NOTICES
To the extent any CFCI Content contains or includes any CFCI legal disclaimers, CFCI′s trademark, copyright and/or other legal rights notices, and/orCFCI′s source, identification and/or attribution information (collectively “CFCI Legal Notices”), you must keep intact all such CFCI Legal Notices, and may not remove, alter, destroy, conceal or otherwise temper or interfere with the same.
6.4. CFCI CONTENT - OUR LICENSE TO YOU
Except as expressly otherwise noted, all CFCI Content (including CFCI Curriculum Material) is made available to Users in accordance with the Creative Commons Attribution – Non-Commerical 3.0 Unported (CC BY-NC) License (http://creativecommons.org/licenses/by-nc/3.0/), as amended and updated by Creative Commons from time to time (the “CC BY-NC License”), which is incorporated herein by this reference. The CC BY-NC License allows you to freely share and adapt CFCI Content, provided that: (i) you give proper attribution to CFCI in the manner specified by CFCI, but not in any way that suggests that CFCI endorse you or your use; (ii) you may not use, copy, reproduce, perform,display, distribute, transmit, disseminate, modify, adapt, creative derivative works from, or otherwise exploit CFCI Content for commercial purposes, including for commercial advantage or private monetary compensation; (iii) for any reuse or distribution of CFCI Content, you must make clear to others the CC BY-NC License terms (the best way to do this is with a link to http://creativecommons.org/licenses/by-nc/3.0/); and (iv) you comply with all other requirements as may be specified in the CC BY-NC License. The CC BY-NC license supersedes and replaces any Creative Commons license previously adopted by CFCI for CFCI Content. Algorithms derived from CFCI content have the same restrictions as of the CFCI content license (the “CC BY-NC License”).
NOTE: Notwithstanding the above, the CC BY-NC License does not apply to photos, images and other materials contained in CFCI Content which have been licensed by CFCI from Shutterstock.com, Getty Images, and/or other commercial stock photo/image agencies (you can easily identify such a photo or image by looking at the credit embedded within or associated with the photo or image) (each, a “Licensed Stock Photo”). You are allowed to retain a copy of a Licensed Stock Photo for your own personal, non-commercial use only, BUT (i) you may not modify,alter, adapt, or otherwise create any derivative work from, a Licensed Stock Photo and (ii) you may not distribute, transmit or disseminate a Licensed Stock Photo or any copy or derivative work thereof, to any third party, whether by itself, as part of CFCI Content, as part of your Curriculum Contributions, or otherwise.
If you wish to use CFCI Content for any commercial purpose or for any purpose related to the development, training, teaching and/or testing of the so-called “Machine Learning” or “Artificial Intelligence” or similar systems, products or programs, you must contact CFCI to enter into a separate license agreement with CFCI regarding use of CFCI Content for such purpose.
If you do not agree to the terms of the CC BY-NC License, please refrain from using CFCI Content in any manner, including downloading, copying, reproducing, printing, editing, modifying, distributing or transmitting such content, in any media or by any means, whether now known or hereafter developed. If you accept the terms of the CC BY-NC License and proceed to use any CFCI Content, then any breach or violation by you of the CC BY-NC License will automatically constitute a violation of the TOU and may subject you to liability to CFCI for copyright infringement. Also, to the extent you have violated the CC BY-NC License and made modifications or improvements to, or have prepared derivative works based upon, CFCI Content or have otherwise incorporated CFCI Content into your own content for commercial purposes, your violation of the CC BY-NC License will automatically subject such modifications, improvements or derivative works by you, or your own content that is mixed with CFCI Content, to a perpetual, royalty-free, worldwide license to CFCI, and CFCI may, in its sole discretion, elect to exercise the foregoing license in addition to or without prejudice to any other remedies available.
6.5. USER POSTINGS – YOUR LICENSE TO CFCI
Certain features of the CFCI website allow Members (and only Members) to make, publish, share and store their Curriculum Contributions on the Site, as well as the ability to view, access, and further adapt and build upon Curriculum Contributions of other Members. Members retain copyright ownership in their Curriculum Contributions and other User Postings made on the CFCI website (excluding and subject to CFCI’s copyright in the preexisting CFCI Curriculum Material), PROVIDED that by making any Curriculum Contribution or any other User Posting on the CFCI website, you hereby expressly and irrevocably grant to CFCI a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual license to freely use, copy, reproduce, perform, display, distribute, transmit, disseminate, modify, adapt, creative derivative works from, and otherwise exploit (with the right to authorize and grant sub-licenses to others to do so) such Curriculum Contribution or such other User Posting by you, whether as part of CFCI Content, on the CFCI website, or otherwise, for any and all purposes (commercial and non-commercial) as CFCI deems appropriate, and in any and all media now known or hereafter devised.
6.7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS
You are welcome to contact us as firstname.lastname@example.org with any copyright infringement claims.
7. LINKS TO THIRD PARTY WEBSITES
The CFCI website may contain links to certain third-party websites. For example, we may display links to the Creative Commons webpage (where the text of the CC License is published) on the CFCI website, so Users can conveniently click on those links to read the terms of the CC License.
Links to third-party websites are provided for your convenience only and do not constitute CFCI′s endorsement, sponsorship, warranty or approval of such linked websites or any product, service or content offered on such linked websites. CFCI does not own or control such linked websites and does not warrant or guarantee that any product, service or content offered on such linked websites will be suitable for you. You access and use such linked websites entirely at your own risk. You acknowledge and agree that under no circumstances will CFCI be responsible or liable in any way for any errors, omissions,conduct or activity of such linked websites, or for any claims, losses, damages or injuries of any kind incurred by you as a result of your use of or reliance upon any product, service or content offered on such linked websites.
9. ONLINE PRIVACY
THE CFCI website, ALL CFCI CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE CFCI website ARE PROVIDED “AS IS” AND “AS AVAILABLE,”WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CFCI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE CFCI website, ANY AND ALL CFCI CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, CFCI DOES NOT WARRANT OR GUARANTEE THAT THE CFCI SITE, ANY CFCI CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CFCI SITE, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL CFCI OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE CFCI SITE, ANY CFCI CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CFCI SITE, OR YOUR USE OF (OR YOUR INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT CFCI AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. USER INDEMNIFICATION
TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CFCI AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS,PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) YOUR USE OF OR RELIANCE UPON THE CFCI website, ANY CFCI CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CFCI website; (2) ANY USER POSTINGS MADE BY YOU; OR (3) YOU BREACH OR VIOLATION OF ANY PROVISION OF THE TOU OR ANY APPLICABLE LAW. CFCI AND ITS AFFILIATES RESERVE THE RIGHT, AT THEIR OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH CFCI AND ITS AFFILIATES IN SUCH DEFENSE AND SETTLEMENT.
13. SPECIAL PROVISIONS REGARDING FINANCIAL ADVICE
THIS SITE CONTAINS INFORMATION REGARDING PERSONAL FINANCES OF A GENERAL EDUCATIONAL NATURE. WE STRIVE TO KEEP SUCH INFORMATION AS ACCURATE AND INFORMATIVE AS POSSIBLE. HOWEVER, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THE FOLLOWING:
- WE ARE NOT INVESTMENT ADVISORS, DEALERS, OR BROKERS, NOR ARE WE LICENSED BY THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (“FINRA”) AS SUCH,
- WE DO NOT PROVIDE INFORMATION OR ADVICE OR INTEND TO PROVIDE INFORMATION OR ADVICE THAT WOULD BE PROVIDED BY A PERSON WHO WOULD BE LICENSED BY FINRA.
- WE ARE NOT CREDIT COUNSELLORS, FINANCIAL PLANNERS, ESTATE ADVISORS, TAX PLANNERS, ACCOUNTANTS, OR ANY OTHER PROVIDER OF FINANCIAL ADVICE SPECIFIC TO INDIVIDUALS’ SITUATIONS.
- WE DO NOT SELL SECURITIES, CREDIT, CREDIT CARDS, OR ANY OTHER FINANCIAL PRODUCTS.
- WE DO NOT PROVIDE AND WILL NOT PROVIDE FINANCIAL ADVICE TO YOU THAT IS TAILORED TO YOUR SPECIFIC PERSONAL FINANCIAL SITUATION AND YOU HAVE NOT ASKED US TO PROVIDE YOU WITH SUCH ADVICE.
- YOU ARE NOT A “CLIENT” OF CFCI, AS THIS TERM IS UNDERSTOOD BY FINRA OR THE SECURITIES INDUSTRY OR FINANCIAL ADVISORS GENERALLY.
- YOU ARE RECEIVING THE INFORMATION PROVIDED BY US FOR GENERAL EDUCATIONAL PURPOSES ONLY.
- YOU WILL CONSULT WITH FINANCIAL ADVISORS, TAX ADVISOR, OR INVESTMENT ADVISORS OF YOUR OWN CHOICE FOR ADVICE SPECIFIC TO YOUR SITUATION.
- YOU ASSUME ALL RISKS IN CONNECTION WITH ANY USE BY YOU OF ANY INFORMATION PROVIDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL RISKS OF PERSONAL FINANCIAL LOSSES OF ANY KIND WHATSOEVER. YOU AGREE THAT WE WILL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO YOUR PERSONAL FINANCIAL SITUATION.
The TOU is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and CFCI concerning the CFCI website, any CFCI Content, any User Postings, or the TOU shall be decided exclusively by state and federal courts located in the Santa Clara County, State of California, U.S.A. The TOU constitutes the entire agreement between you and CFCI concerning your use of the CFCI website and CFCI Content. If any portion of the TOU is deemed invalid by a court of competent jurisdiction,the invalidity of such portion shall not affect the validity of the remaining portions of the TOU, all of which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the TOU shall not constitute a waiver of such right or provision.
15. CONTACT US
If you have any questions regarding the TOU, please contact us at: Center for Financial Education, Inc.
510 Waverley Street Palo Alto, CA 94301 USA