Terms and Conditions of Use
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
Acceptance of These Terms and Applicable Definitions. By using NestFortune’s website, products, and services, you acknowledge that you have read and agree to be bound to these Terms of Service. By agreeing to these Terms of Service, you further agree to be bound by all laws and regulations, including the requirement to arbitrate any disputes you have regarding our site and services. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this web site are protected by applicable copyright and trademark law.
The following definitions apply in these Terms of Service:
“Site” refers to any web site made available by NestFortune.
“Services” refers to the Site and all software solutions and digital family office software and trust management and planning services, self-help documents and forms provided by NestFortune.
“NestFortune”, “we”, “us" and “our” refer to NestFortune, Inc. (the owner and operator of www.fff.vc) and our agents (including officers, directors, employees, consultants, and representatives).
“You," “your,” and “User” refer to each customer, visitor to the Site or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then (a) “you” and “your” also refers to that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and (c) you agree to these Terms of Service on the entity’s behalf.
“Member” refers specifically to Users who have created a NestFortune account associated with a particular User’s email address.
“Affiliate Services” refers to third party services or businesses that may promote or direct Users to the NestFortune Site and Services.
“Affiliate” means corporations or individuals with a contractual relationship with NestFortune to promote its services as ancillary to the Affiliate’s business offerings, and other third parties who otherwise direct potential Users to the Site and Services.
Your use of any of Site or Services is governed by these general Terms of Service, and any additional terms that apply to your specific use of the Site or Services.
By agreeing to these Terms of Service You agree that any dispute arising from the use of NestFortune materials and services will be decided in binding Arbitration, in accordance with the terms and conditions provided below. In no case will disputes be decided by any court, jury trials, or class action, other than the Arbitration tribunal indicated in these Terms of Service, unless an exception applies.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.📑
Modifications. If we modify these Terms of Service, we will post the modification on the Site and provide notice to you of any material change. We will also update the "Last Updated" date at the bottom of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not access the Services.
Additional Terms and Policies. Your use of our site, your use of any Services we offer, and our offering of any Services to you may also be subject to additional terms or policies, including our Privacy Policy and any additional terms and conditions that apply to the specific service you use, purchase, or interact with. By using any of our Services, you acknowledge that you have read and agreed to be bound by the corresponding additional terms and policies in addition to these Terms of Service.
Disclaimer. NESTFORTUNE IS NOT A LAW FIRM, ACCOUNTING FIRM OR TRUST AND ESTATE PLANNER OR FIDUCIARY AND DOES NOT PROVIDE LEGAL OR ANY OTHER PROFESSIONAL ADVICE. NESTFORTUNE’S MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL.
NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF NESTFORTUNE. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND NESTFORTUNE ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE.
ANY RELATIONSHIP CREATED THROUGH THE SITE WITH OUTSIDE PROFESSIONALS, INCLUDING BUT NOT LIMITED TO ATTORNEYS AND OTHER PROFESSIONALS WILL BE GOVERNED BY YOUR AGREEMENT WITH SUCH PROFESSIONALS. NESTFORTUNE IS NOT AND WILL NOT BE A PARTY TO ANY SUCH AGREEMENT AND DISCLAIMS ALL LIABILITY OF ANY KIND FOR ANY BREACH, CLAIMS, OR DAMAGES RESULTING FROM SUCH AGREEMENT(S) OR RELATIONSHIP(S).
User Expectations and Content. You are solely responsible for your interactions with other users of the Services, including where you share access to your documents or your account with other individuals, either via the features available in the Services, or by sharing your account information.
You are also solely responsible for the content you upload to our servers, and by using our products and services, you agree to abide by the rules related to any content you upload to or generate in relation to your NestFortune account. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. NestFortune shall have no liability for your interactions with other users, or for any user's action or inaction.
You may only create an account on behalf of yourself, or yourself and a spouse or legally recognized domestic partner (“Spouse”). If You create an account on behalf of yourself and a Spouse, You represent you have permission to enter the information and designations on behalf of your Spouse, with their explicit permission and at their exact direction. The User who's email address is used to create a NestFortune account is the primary account owner, but any secondary account user must also agree to these terms. In the event of dissolution of your marriage or civil union, a secondary user may contact member support to establish their own separate NestFortune account, and fees may apply to the creation of a new account.
NestFortune’s Services are intended for use by the individual named in seeking family office services and estate planning services for themselves or for them and their Spouse, and NestFortune is not liable or responsible for improper use of the Site or Services. NestFortune disclaims any and all liability with regard to such unsanctioned use of the Site or Services.
You retain exclusive ownership of the content you upload to create your estate planning documents with applicable third party service providers (“Estate Plan Content”).
You may also submit or upload documents and content onto the NestFortune Platform within your private NestFortune account, to be stored on our internal servers (“Account Content”). You retain ownership of your Account Content, and you may remove any content you upload to NestFortune’s secure servers at any time. You agree to abide by the terms and conditions herein regarding the type of Account Content you may permissibly upload to the NestFortune Platform.
You agree not to post Account Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children, including by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Account Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. NestFortune reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any Account Content that NestFortune believes, in its sole discretion, violates these provisions. You understand that uploading Account Content to the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your Account Content, you affirm, represent and warrant the following:
Your Account Content and NestFortune's use thereof as contemplated by these Terms of Service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
To the best of your knowledge, all your Account Content and other information that you provide to us pertains to you as a Member and/or your Spouse, if applicable, and is truthful and accurate.
NestFortune takes no responsibility and assumes no liability for any Account Content or Estate Plan Content that you or any other user or third party posts or shares over the Services.
Rights. Except as provided in these Terms of Service, NestFortune retains all rights in the Services. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "NestFortune Content"), and all Intellectual Property Rights related thereto, are the exclusive property of NestFortune and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the NestFortune Content or materials on the Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place NestFortune under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, NestFortune does not waive any rights to use similar or related ideas previously known to NestFortune, or developed by its employees, or obtained from sources other than you.
Limited License. Subject to your compliance with these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. NestFortune reserves all rights not expressly granted in the Services and the NestFortune Content. NestFortune may terminate this license at any time for any reason or no reason.
Subject to the other provisions of these Terms of Service, NestFortune grants you permission to download, view, copy and print materials on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify the materials in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed materials and to cease using the service. Any unauthorized use of any materials contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Prohibited Activities. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system to access the Services in a manner that sends more request messages to the NestFortune servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that NestFortune grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at nestfortune.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Change of Services. We retain the right to change or stop providing Services and features. We may, without prior notice, change the Services; stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason at NestFortune's sole discretion, with or without notice and with no liability of any kind. NestFortune does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
Payment. You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies, and refund policies applicable to such fees and charges. NestFortune may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize NestFortune to charge your credit card for all fees and charges incurred in connection with your use of the Services, including NestFortune's fees, government fees, taxes and other third party fees.
If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final and refunds are discretionary and may be considered on a case-by-case basis in accordance with our refund policy. In the event that NestFortune suspends or terminates your account or these Terms of Service, you understand and agree that you shall receive no refund or exchange for any NestFortune Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Subscriptions, Renewal, and Billing. We may offer Services as a one-time purchase and/or Services on a subscription basis. One-time purchases are non-refundable after purchase is made. If you elect to use Services that are offered on a subscription basis, your initial purchase will provide you access to the Services for an “Initial Service Period,” as described within your terms of sale for such subscription. Your paid subscription will automatically renew at the end of the Initial Service Period and will automatically renew on for the same service period(s) thereafter. Your payment method will be charged upon each renewal of your paid subscription.
We may send a courtesy reminder to your account’s email address before any automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that your failure to read, your failure to receive, or our failure to send any such notice creates no liability for us or any right to rescind an automatic renewal payment.
If you wish to cancel the automatic renewal of your paid subscription, you must cancel your plan through your account. You may request assistance with canceling your plan by emailing info@fff.vc. Any such cancellation must be made at least one day before the next automatic renewal. There are no refunds for any unused portion or time remaining in a subscription.
We may change the renewal price for your paid subscription at any time upon notice to you. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by providing notice to info@fff.vc. Any such cancellation must be made at least one day before the next automatic renewal.
You agree that we may store your payment method and related payment information. You authorize us to automatically charge your payment method for any automatic renewal payments. You may update your payment method through your account or by contacting us at info@fff.vc If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.
Risk and Consent. You consent to have your personal data collected, used, transferred to and processed in accordance with our Privacy Policy, including the potential capture of your keystroke and page specific input data using session replay technology for customer service and product optimization purposes. By using the site, you acknowledge that your interaction with the site may be recorded for quality assurance purposes. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to NestFortune at your own risk.
Security and Shared Access. You must ensure security and integrity of your account. When you open an account to use or access certain Services or provide us with information in connection with a purchase or transaction, you must provide accurate, complete and current information. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You are solely responsible for the activity that occurs on your account, including when you use the shared access function. You share access to your documents at your own risk. You must keep your account password secure and you may not use a third party's account at any time without express authorization from the third party to do so. NestFortune shall not be liable for any losses you incur as a result of someone else's use of your account. You may be held liable for any losses incurred by NestFortune due to someone else's use of your account.
DMCA Notice. We respect content owner rights and it is NestFortune's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify NestFortune's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit NestFortune to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following: DMCA Agent, Huge Legal Technology Company, Inc., 8605 Santa Monica Blvd #40156 West Hollywood California 90069-4109.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES.
Please note that this procedure is exclusively for notifying NestFortune and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with NestFortune’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, NestFortune has adopted a policy of terminating, in appropriate circumstances and at NestFortune's sole discretion, members who are deemed to be repeat infringers. NestFortune may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Services. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by NestFortune. NestFortune does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that these Terms of Service and NestFortune's Privacy Policy do not apply to your use of such sites or services. You expressly relieve NestFortune from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that NestFortune shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
NestFortune may provide some Services designed for use by professionals, Affiliates, accountants, professional trustees, tax advisors, or attorneys (“Professional Services”). NestFortune makes no representations or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information contained or conveyed by the Professional Services. NestFortune is not a law firm, and does not provide legal advice of any kind on any subject matter.
NestFortune disclaims any and all liability regarding any third party’s role in the estate planning process. NestFortune can make no assurances or guarantees regarding the sophistication or expertise of any third party or Affiliate, and thus does not endorse third party or Affiliate Services as they relate to the Site or Services. NestFortune expressly denies any liability associated with a third party or Affiliate’s involvement or influence.
YOU INDEMNIFY US. You agree to defend, indemnify and hold harmless NestFortune and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your content uploaded by you or any that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.
NO WARRANTY. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NESTFORTUNE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NESTFORTUNE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
NESTFORTUNE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NESTFORTUNE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NESTFORTUNE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NESTFORTUNE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES.
UNDER NO CIRCUMSTANCES WILL NESTFORTUNE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NESTFORTUNE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY CONTENT SUBMITTED OR UPLOADED OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NESTFORTUNE EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL NESTFORTUNE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NESTFORTUNE HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NESTFORTUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Geography. NestFortune Services are directed to users in the United States. The Services are controlled and operated from the United States. NestFortune makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident outside the United States, of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Assignment. These Terms of Service are assignable only by NestFortune. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by NestFortune without restriction.
Controlling Law and Jurisdiction. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed passive that do not give rise to personal jurisdiction over NestFortune, either specific or general, in jurisdictions other than California. You expressly agree that your rights and obligations, these Terms of Service and any disputes shall be governed by and interpreted in accordance with the laws of the state of California, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless barred by applicable law, any claim or dispute between you and NestFortune that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California, unless submitted to arbitration in accordance with the Dispute Resolution section of these Terms of Service.
Dispute Resolution. You and NestFortune agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and NestFortune are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NestFortune otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
Tax Advice Disclosure. NestFortune does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from NestFortune is intended only for general education and is not to be construed or relied on as tax advice. Although NestFortune does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:
We inform you that any U.S. federal tax advice contained in any communication from NestFortune is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
Financial Advice and Features Disclosure. NestFortune does not provide any Financial Advice of any type, for any purpose. Any financial information presented through the site or services is intended for educational purposes only, and is not to be construed as or relied upon as financial advice. NestFortune is not responsible for, and makes no guarantee regarding the accuracy or validity of any financial insights offered through a third party integration on our website. NestFortune cannot guarantee the accuracy of any data provided through a 3rd party integration on our website. Any graphics or content presented within the NestFortune tools and services regarding your financial assets is intended solely for informational purposes, and may not represent an accurate picture of your finances or financial health.
Access to a Deceased Member’s Account. NestFortune is committed to maintaining the privacy of its members and safeguarding member information stored by NestFortune. In the unfortunate event of a member’s death, NestFortune will provide access to a NestFortune member’s account in accordance with an acceptable legal document that shows you have the authority to act on behalf of the deceased member. If you have such a legal document, please contact our Member Success team to help you gain access to a deceased member’s account.
Notification Procedures. NestFortune may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by NestFortune in our sole discretion. NestFortune reserves the right to determine the form and means of providing notifications to our users. NestFortune is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@fff.vc to your email address book to help ensure you receive email notifications from us.
Severability. This is our entire agreement and if any portion is deemed invalid, the remaining provisions shall be deemed valid with the invalid provisions being severed as if they did not previously exist. This Agreement, together with any amendments and any additional agreements you may enter into with NestFortune in connection with the Service, shall constitute the entire agreement between you and NestFortune concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NestFortune's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Last updated: 2/19/2024