Terms and Conditions of Sale and Service
Financial Educational Services, Inc.
PLEASE READ THE FOLLOWING CAREFULLY
THE TERMS AND CONDITIONS OF SALE FOR PRODUCTS AND SERVICES ARE STRICTLY LIMITED TO THE AGREEMENTS CONTAINED HEREIN. YOUR ELECTRONIC PAYMENT IN CONJUNCTION WITH YOUR RECORDED VERIFICATION OF AUTHORIZATION TO PURCHASE CONFIRMS YOUR INTENT TO RETAIN FINANCIAL EDUCATIONAL SERVICES, INC (HENCEFORTH REFERRED TO AS “FES”) AND YOUR AGREEMENT SHALL BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE TERMS AND CONDITIONS OF SALE AND SERVICE. YOU ACKNOWLEDGE THAT THROUGH ACCEPTING OUR PRODUCTS, INTERACTIONS WITH FINANCIAL ADVISORS AND OTHER “FES” EMPLOYEES AND AGREED UPON INFORMATION COLLECTION PROCEDURES; YOU ARE OFFERING YOUR ONGOING CONSENT TO THE TERMS AND CONDITONS AS EXPRESSED HEREIN. WRITTEN SIGNATURES, ELECTRONIC SIGNATURES AND ELECTRONIC VOICE RECORDINGS OF AUTHORIZATIONS ARE THE EQUIVALENT OF WRITTEN AND SIGNED DOCUMENTS.
Privacy Statement
It is our mission to compile, analyze, and review your personal financial data to assist you, our client, in setting attainable financial goals through our customized Smart Savings Plan™ (henceforth referred to as the “Plan”) and through other products and services. Through the use of our products our personnel will educate and inform you, our customer, of better ways to manage your financial matters, reducing your risk profile and saving you money. There are various types of information and data we collect about you and your financial activities in order to help you manage your risk profile while saving time and money. Each party anticipates it may be necessary to provide access to sensitive information that is confidential in nature. We respect your privacy and offer our assurances to respect your privacy and keep the confidentiality of this information within the scope of financial advising. “Confidential Information” refers to any information or data in written or oral form which the receiving party has reason to know is proprietary or confidential. When required by law, we may disclose any and all confidential information as required through a legal process, or when required by law. We may disclose information to service providers, insurance companies and carefully selected business partners in the nature and scope of financial advisement. We collect information about you from a number of sources including but not limited to applications you have completed, questionnaires, information obtained directly from you and/or your creditors, public records and private records that either you avail us to or that we may purchase. Other sources include vendors, data base marketers, consumer reporting agencies and web based data information gathering tools. Keeping your financial information safe and secure is one of our most important responsibilities and we go to painstaking effort to ensure the security of these records through our regulated procedural safeguards. Our employees are bound by a code of ethics requiring confidential treatment of such information and they are subject to disciplinary actions if they fail to follow this code.
Smart Savings Plan™ Money Back Guarantee
The customized “FES” “Plan” of minimum savings guarantee is detailed on the New Account Profile and based on your complete compliance with the “Plan” product. The “Plan” is based on you maintaining, at the least, the current minimum monthly payment as determined on your “Plan” , as of your “Plan” purchase date, on each and every one of the individual liabilities in advance of the stated due date for each of the liabilities. You will continue to meet that minimum dollar amount payment, referred to as the “Smart Savings Plan™ Amount” on each and every one of the liabilities every subsequent month in accordance with the schedule contained within your “Plan” document. If additional charges are incurred on any of the included liabilities, the additional charges must be paid in full prior to the ending of the billing cycle in which the increased balance incurred. “FES” can not guarantee the specific future financial results as those results are entirely dependent upon your strict adherence to and compliance with your personalized “Plan”. Should we fail to meet your guarantee as presented in the New Account Profile, simply return the Plan document along with the other merchandise purchased and you will receive a refund within 60 days of the returned materials. Our receipt of the returned merchandise will be confirmed to you in writing.
Refund Policy
Due to the customized nature of the product and information sold, we cannot accept returns and do not provide refunds once the personalized product has been produced and delivered unless we fail to meet the money back guarantee as described above.
Refund Process
Consumers seeking cancellation of their purchase are entitled to a refund consistent with our stated Refund Policy. Once we have received the return of any and all products, software and or merchandise along with your completed Refund Request Form, the refund will be processed within 60 days. Written confirmation will be sent to you upon our receipt of the returned goods. Refund Request Forms are available upon request by contacting Customer Service and can be delivered to you via fax or through the USPS.
Links to other Websites
For purposes of convenience, Financial Educational Services’ website may contain links to third party websites. Financial Educational Services makes no representations or warranties about any third party websites that you may access through such links. We do not endorse, adopt or otherwise accept any responsibility for the content or use of websites accessed via links to our website.
Trademarks and Copyrights
Financial Educational Services and the FES products and services referenced in this site are either trademarks, service marks or registered trademarks of Financial Educational Services, Inc. or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any trademark may be made by any third party without express written consent of the trademark holder. No part of Financial Educational Services’ website may be reproduced, modified or distributed in any way.
Services
Financial Educational Services products and services ordered by customers are not binding until accepted by Financial Educational Services. Some products and services are offered by Financial Educational Services as a distributor or sales agent. In the case of such Third Party Services, the third party will be the party accountable for rendering the services to the customer and the customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Customer hereby releases Financial Educational Services and the entities that control, are controlled by or are under common control with Financial
Educational Services from any and all claims arising from or relating to the purchase or provision of any such Third Party Services. Monies collected by Financial Educational Services will be collected solely in the capacity as an independent sales agent.
Cooperation
In addition to the Customer duties set forth in the enclosed documents, Customer agrees to cooperate with FES by providing timely and accurate responses to FES’s inquires and requests. Customer will further provide access to any and all information and materials necessary or useful in connection with providing the “Plan” and other services and accurately completing the Creditor Profile and other documents in the packet. Customer acknowledges and agrees that the “Plan” and other services are dependent upon the timeliness, completeness and accuracy of information provided by Customer. FES is not liable for any technical inaccuracies or typographical errors.
Payment
FES currently accepts only credit and debit cards in way of payment but reserves the right to change this policy at any time. The customer agrees to pay all fees and charges associated with their purchases including any applicable taxes at the rates in effect when charges were incurred. As a cardholder, the card user agreement governs the usage of the designated card. Any questions regarding your rights and liabilities should be directed to the terms of that agreement. You are obligated to pay for products purchased when you enter into any agreements and/or make purchases that are recorded and verified both electronically and telephonically. You agree that any submissions you make electronically constitutes your intent to enter into a legally binding contract and to pay for such purchases. Your
agreement to be bound by your authorizations to purchase in conjunction with our verification and electronic capture of that authorization to purchase our products and services applies to all records relating to all transactions you enter into with us, including all aspects of this Agreement.
Fraudulent use of a credit card or a fraudulent claim of unauthorized card usage will be reported to the appropriate authorities within the credit card processing system. Fraudulent claims may result in cancellation of your credit card usage privileges, negative information filed on your credit report and/or other significant potentially negative outcomes.
User Rights and User Input
Customer’s sole rights to the work product, materials and other merchandise to be provided/created in connection with the “Plan” and services, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, knowledge, data, prototypes, designs, models, works of authorship, computer programs, proprietary tools, methods of analysis and other information (whether or not capable of protection by patent, copyright, trade secret, confidentiality or other proprietary rights) that is discovered or created in the course of performance of Agreement, the products and services are a non-transferable, non-exclusive, royalty-free license solely for the Customer’s use. Customer will have no ownership or other property rights real or inferred for any other purpose whatsoever. Further, FES shall be free to use any ideas, concepts, knowledge or techniques used in publication on the Website, in any/all FES publications, and developing, marketing and manufacturing products using such information. FES shall have no obligation to compensate the contributor of any such information in any manner.
Arbitration
Any claim, dispute or controversy (through contract, tort or otherwise, be it pre-existing, present, or future, and including but not limited to, statutory, common law, intentional tort, and equitable claims) arising from or related to any of our products and services, or interpretation of this Agreement or the breach, termination or validity thereof, any and all relationships resulting from this Agreement (including, to the full extent of applicable law relationships with third parties who are not signatories hereto) WILL BE RESOLVED EXCLUSIVELY AND IN A BINDING FINAL ARBITRATION. Arbitration will be conducted pursuant to the Rules of the American Arbitration Association. Neither
FES nor Customer will have the right to litigate the claim in court, have a jury trial, or engage in pre-arbitration discovery, except as provided within the applicable rules of arbitration or by agreement of all parties involved. Further, Customer will not have the right to participate as a representative or member of any class or claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions of Sale and Service, any arbitration is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any court holding jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will be responsible for any costs incurred through the acts of legal representation, discovery or research deemed necessary to complete arbitration. Any such results shall be deemed confidential.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND SERVICES, ANY STATEMENTS OF WORK AND ANY/ALL PRODUCTS AND SERVICES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARDS TO CONFLICTS OF LAWS/RULES. ANY ARBITRATION, ENFORCEMENT OF ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN DELAWARE FURTHER, IT IS AGREED THAT THE FEDERAL AND STATE COURTS LOCATED THEREIN SUBMITS TO THE JURISDICTION THEREOF AND CUSTOMER WAIVES ANY AND ALL RIGHTS FOR FILING FOR CHANGE OF VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICITION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AS THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FINANCIAL EDUCATIONAL SERVICES AND GOVERN YOUR USE OF OUR PRODUCTS AND SERVICES.