Terms Of Use

Effective Date: January 18, 2022

Welcome to OfColor’s Website. Your use of this Website, including the content, materials, and information available on or through the pages related to OfColor.com (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms and that you have reviewed and accept our Privacy Policy.

WHO WE ARE

This Website has been developed and is operated by OfColor Inc., which is an enterprise financial wellness platform that offers financial technology, financial coaching, and financial literacy content to underserved communities. We provide a variety of information on our Website for general informational purposes and provide greater resources and services to our clients through customized portals accessible by leadership of the organization and its employees.

MATERIALS

Except for certain Materials provided through a password protected portal on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different contract terms, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for any particular purpose. You should be aware that a significant portion of the Materials include information that may be derived from third parties and has not been validated or verified by us. We also do not take responsibility for updating all articles and other Materials, and do not assure you that the information provided may not have been impacted by events occurring subsequent to the date on which the Materials were initially made available.

THIRD-PARTY SITES

We will provide links to sites that are published and maintained by third parties. While we endeavor to only highlight sites or sources of information we consider responsible and credible, we do not endorse or offer any guaranty of accuracy or safety in accessing such third-party sites, and do not accept responsibility for your experience in accessing those third-party sites. We encourage you to review any terms of use and privacy policy applicable to those sites. You should also ensure that your computer security is comprehensive and up to date. We accept no responsibility for viruses, malware, or other malicious or damaging software contained in the Materials or otherwise.

PASSWORD PROTECTED AREAS

Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and us govern our respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use.

LIMITATIONS ON FINANCIAL ADVICE

Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified in a contract between OfColor and you, nothing on this Website is intended to constitute (i) investment, legal, business, insurance, or tax advice or an offer to provide such advice, or (ii) a basis for making any financial decision. The Materials are provided for informational purposes and have been prepared by us for informational purposes to acquaint existing and prospective clients and individual users of our services with our thinking on different issues and resources for their consideration. The Materials are often high-level introductions to issues or provided in summary form and do not purport to be complete (and may often be supplemented by materials only accessible to our clients via their subscription to our services). You are solely responsible for determining whether any financial strategy is appropriate for you based on your personal objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Please note that any clients or individual user stories are intended to be illustrative and are not intended to be an assurance of similar experiences or results for all clients or individuals, as financial planning and decision making are always dependent upon differing circumstances.

We reserve all rights with respect to the design and content of this Website. All text, photos, graphics, logos, content, and other Materials on this Website are protected by United States and foreign copyright, trademark, and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to OfColor, its affiliates or their respective owners, and this Website grants no license to them. OFCOLOR is among our trademarks in the United States and/or other countries. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information. Any linking from another web site to our Website must resolve to the top-level homepage (i.e., www.ofcolor.com).

If you believe that your work has been copied or used on our Website in a way that constitutes copyright infringement, please provide us with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are the subject of a single notice, a list of such works;
An identification of the allegedly infringing material, and a description of where that material is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

OfColor’s Agent for Notice of claims of copyright infringement can be reached by submitting an email to [legalnotice@ofcolor.com].

SUBMITTING PROPOSALS OR OTHER CONFIDENTIAL INFORMATION

While we encourage submission of ideas relevant to our mission, we cannot accept responsibility for protecting any confidential or proprietary information you may include in those submissions in the absence of our express written agreement to do so. Any proposals, business ideas, information, and other materials you submit to us through feedback or other tools made available on or in connection with this Website may be used or disclosed by us for any purpose and in any manner, or disregarded, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

For information about our privacy practices, refer to our Privacy Policy.

LIMITATION OF LIABILITY

NEITHER OFCOLOR INC., NOR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH OFCOLOR INC. OR REFERENCED AS PROVIDING ANY MATERIALS ON THIS WEBSITE SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

MODIFICATION OF THESE TERMS

We reserve the right to modify these Terms at any time, in our sole discretion. Please check these Terms periodically for changes. You may determine if the Terms have changed by checking the Effective Date at the top of these Terms. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

PROHIBITED USE OR ACCESS

Because all servers have limited capacity and are used by many people, do not use our Website in any manner that could damage or overburden any server, or any network connected to any server. Do not use our Website in any manner that would interfere with any other party's use of the Website.

Certain parts of the Website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Website, or to any other protected materials or information, or services made available only to subscribers of our paid services, through any means not intentionally made available by us for your specific use.

PASSWORD SECURITY

If you have a password for access to non-public areas of our Website, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information, or services obtained using your password and other security data, whether you are aware of such activities or not. We shall not be under any duty to inquire as to the authority or propriety of any instructions given to OfColor by you or anyone using your login credentials and shall be entitled to act upon any such instructions, without liability for any loss, cost, expense, or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password, including using unique passwords for our Website (and every other online accessible account). As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information and promptly reviewing any correspondence or other information received from OfColor. Notify us immediately if you become aware of any unauthorized activity, disclosure, loss, theft, or unauthorized use of your password by sending an email to [support@ofcolor.com] You agree to cooperate with us in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

MISCELLANEOUS

OfColor may modify or terminate the availability of this Website at any time, in our discretion. This Website is operated and controlled by OfColor Inc. in the United States of America. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of New Jersey, without regard to conflicts of laws principles. Except as otherwise agreed in writing by OfColor Inc., any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Newark, New Jersey. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All OfColor individuals and contractors, and third parties we reference on this Website are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors, permitted assigns, heirs and representatives. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

CONTACT INFORMATION

Any questions, concerns or complaints regarding these Terms should be sent to [support@ofcolor.com].