Terms and Conditions
Terms and Conditions
Terms of Service
By using the information, tools, features, software, and functionality including content, updates and new releases provided by Fearless Finance, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you use have registered for an account, but do not subscribe to any services), or a “Customer” (which means that you have registered for an account, and have subscribed to any of the services including the App only service, which is free for three linked accounts or fewer).
The term “you” or “User” refers to a Visitor, or Customer. The term “we” refers to Fearless Finance. If you wish to become a Customer, you must read these Terms and indicate your acceptance during the registration process.
You may not use any of the content and you may not accept these Terms if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Fearless Finance.
If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of these Terms for your records.
1. Description of Services
Fearless Finance is a personal finance advice service that allows you to understand how you can organize your finances, track your spending, and understand your financial situation to improve your financial wellbeing. Fearless Finance allows you to input your information and gather some information for free (without charge). However, if you want to speak with an advisor or link more than three accounts to the App, which contains your data, you must pay the advisor’s hourly rate or the subscription fee ($1.99/month) for additional accounts.
Atwood Financial Planning, LLC offers personal financial planning services virtually through its brand, “Fearless Finance”. Financial Planning services include financial planning with a free platform (for up to 3 linked accounts) and spending tracker mobile app that includes real-time support from one of our Registered Financial Planners (“Associates”).
Users can choose the Financial Review and pay $90 for a 30 minute financial review with an Associate, and buy additional 30-minute periods (we call these Top-Ups) for $90/30 minute period. Quick questions by email are free, but if the Associate deems the question to be too complicated for a text response, the Associate can suggest meeting online for 30 minutes ($90 per 30 minutes), at the discretion of the User. An Associate can also charge down to the quarter hour for additional questions at the Associate’s discretion.
A Financial Review includes an analysis of Cash Flow, Balance Sheet and Retirement Contributions in a thirty-minute session with an Associate. The Associate will look for areas where the Subscriber can save money or spend less in their Cash Flow as well as a recommendation on how much to save each month. The Associate will assess weak areas in the Subscriber’s balance sheet such as the need to increase cash reserves or pay off consumer debt. The Associate will also provide recommendations on the percentage of contribution a subscriber should make to his/her retirement plan.
In order to allow you to use the Service, you may need to sign up for an account with Fearless Finance, LLC,. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide and/or requiring you to take steps to confirm ownership of your email address. If you do not provide this information or Fearless Finance, cannot verify your identity, we can refuse to allow you to use the Services.
2. Your Registration Information and Electronic Communications
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Site. That Login ID and password form your “Registration Information.” By providing us with your email address, you consent to receive all required notices and information. Electronic communications may be posted on the Site and/or delivered to your email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Fearless Finance immediately at the email address firstname.lastname@example.org
3. Your Use of the Services
Your right to access and use the Site and any advice provided by a registered financial planner is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and advice for lawful purposes. Accurate records enable Fearless Finance to provide advice to you. You must provide true, accurate, current and complete information about your finances, and you may not misrepresent your information. In order for the advice to be effective, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the advice will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Site.
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that, Fearless Finance, in its sole discretion, may elect to take. In no event will Fearless Finance be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Site, including any associated software or other materials supplied in connection with such services, shall be for Fearless Finance to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Fearless Finance may include new and/or updated pre-release features and trial use, which may permit you to provide feedback. You understand and agree that your use of trial features is voluntary and Fearless Finance is not obligated to provide you with any trial features. Furthermore, if you decide to use the trial features you agree to abide by any rules or restrictions Fearless Finance may place on them. You understand that once you use the trial features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the trial feature back to the earlier version. The trial features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the trial features is at your sole risk.
The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of Atwood Financial Planning, LLC. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of Atwood Financial Planning, LLC, which may be revoked at any time, for any reason, in Atwood Financial Planning, LLC’s sole discretion.
4. Fearless Finance’s Intellectual Property Rights
The contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong or are licensed to Atwood Financial Planning, LLC or its content suppliers. Fearless Finance grants you the right to view and use the Site subject to these terms. You may download or print a copy of information on the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site and/or Summary in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or content in a manner that violates any applicable law, regulation or these Terms. Fearless Finance® is a federally-registered trademark. Use of the Fearless Finance® trademark for any purpose is expressly prohibited without our prior written consent.
5. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Site, without Fearless Finance’s express written consent, which may be withheld in Fearless Finance’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site; or
- Attempt to gain an unauthorized access to any portion of the Site.
You agree to abide by any code of conduct or similar policy that Fearless Finance adopts for user content. Such a code or policy will be posted on Fearless Finance’s website.
6. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FEARLESS FINANCE, ATWOOD FINANCIAL PLANNING, LLC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER FEARLESS FINANCE, LLC OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FEARLESS FINANCE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
FEARLESS FINANCE, LLC, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO YOUR USE OF THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FEARLESS FINANCE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
7. Fearless Finance software platform, including the mobile app, Does Not Provide Investment, Financial, Legal, or Tax Advice
You agree that use of the software platform, including the mobile app, do not provide investment, financial, legal, or tax advice, including the website and mobile app. Financial and Investment advice included in meetings with your Associate are provided under separate terms and agreement. The software platform, including the mobile app, are intended only as general information for you as you organize your finances and determine your budget. The software platform, including the mobile app, are not intended and should not be used as a substitute for a financial plan tailored to meet your individualized financial situation, nor as a substitute for advice from accountants, financial planners, and/or other financial professionals about your particular circumstances and needs. Any information provided via the software platform, including the mobile app, is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
None of the information contained in the software platform, including the mobile app, constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets. The information contained in the software platform, including the mobile app, has been prepared without reference to any particular user’s investment requirements or financial situation. The software platform, including the mobile app, is not intended for use by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations or where Fearless Finance is not authorized to provide such use.
You acknowledge that you are not relying on the Fearless Finance software platform, including the mobile app, or any of its affiliates, officers, directors, partners, agents or employees in making any investment decisions. Fearless Finance software platform, including the mobile app, does not endorse any investments and shall not be responsible in any way for any transactions you enter into. You agree that Fearless Finance software platform, including the mobile app, and its affiliates, officers, directors, partners, agents or employees will not be liable for, and you will indemnify such parties against, any losses or damages arising out of or incurred as a result of any investment made by you and any interactions between you and other users.
None of the information contained in the software platform, including the mobile app, constitutes investment, financial, legal, or tax advice. Users are solely responsible for conducting their own due diligence review and consulting with such experts as they deem necessary and appropriate, including as to investment, financial, legal and tax matters. You acknowledge and agree that Fearless Finance software platform, including the mobile app, is not registered as an investment adviser and is not a broker-dealer and member of the Financial Industry Regulatory Authority. Financial planning recommendations made through this Site are not intended, and shall not be construed, to be “investment advice” and you will not receive any of the protections afforded by such registrations and/or memberships.
8. Limitations on Fearless Finance’s Liability
FEARLESS FINANCE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THESE TERMS, EVEN IF FEARLESS FINANCE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, FEARLESS FINANCE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
9. Your Indemnification of Fearless Finance,
You shall defend, indemnify and hold harmless Fearless Finance and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Service or your use of the Service.
10. Ending your relationship with Fearless Finance, LLC
These Terms will continue to apply until terminated by either you or Fearless Finance, and Atwood Financial Planning LLC, as set out below. If you want to terminate your legal agreement with Fearless Finance, you may do so as follows:
To close your account on Fearless Finance, LLC, please use the directions below:
- Login to your Fearlessfinance.com account.
- Go to “Account Settings”.
- Locate the “delete your account” option under.
- Your account will be closed and your ability to log in deactivated immediately. Your Fearlessfinance.com account data will be removed within 72 hours subject to and as explained in our Privacy Statement.
Fearless Finance may at any time, terminate its legal agreement with you and access to the Services:
- if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); b. if Fearless Finance in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Fearless Finance may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all data submitted to the Service and the Summary by you. Further, you agree that Fearless Finance shall not be liable to you or any third party for any termination of your access to the Service.
Fearless Finance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. Fearless Finance reserves the right to change the Service, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user of the Service, Fearless Finance will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Service, you may stop using the Service. Your use of the Service, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Fearless Finance shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Service.
Fearless Finance may modify these Terms from time to time. Any and all changes to these Terms may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, the Terms will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms when you use the Service after those changes are posted.
12. Governing Law, Forum for Disputes, and Arbitration
District of Columbia law governs these Terms without regard to its conflicts of laws or provisions.
13. Cancellation and Refund Policy
Fearless Finance cancellations: Fearless Finance’s basic platform is free, and users will be able to connect up to 3 accounts for free. Subscribers who want to connect more than three accounts will be charged $1.99/month per additional account and can cancel or switch to the basic offering at any time. You can unsubscribe (cancel your subscription) any time. Please note, if you pay for additional accounts, you must cancel your subscription before it renews for the subsequent month in order to avoid being charged the subscription fee for the next month. If you unsubscribe, it becomes effective at the end of the then-current monthly subscription period. As a result, you will NOT get a refund for any unused portion of the then-current month in which you elect to unsubscribe.