Terms of Service

1. Agreement to Terms

Welcome to frankfinly.com (the "Site"), operated by Frank Finly LLC("Frank Finly," "we," "us," or "our"). We provide informational content and tools related to retirement planning, and a service that matches users with financial advisors (the "Services"). These Terms of Service ("Terms" or "Agreement") govern your use of our Services.

By accessing or using the Site or Services, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms. You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or the Services.

2. Content and Intellectual Property

The materials, information, and content made available or displayed on the Site or sent to you through the Services, and any derivative works thereof (collectively, "Content") are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download, and print the Content solely for your personal, informational, non-commercial use and solely in accordance with these Terms.

You may not:

• Use the Content or any part thereof to develop products or technologies similar to ours
• Reproduce, republish, modify, or alter the Content
• Distribute, sell, rent, lease, license, or otherwise make the Content available to others
• Remove any text, copyright, or other proprietary notices contained in the Content

You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site or Services ("Our Technology") are copyrighted by us and/or our licensors and subject to intellectual property and proprietary rights laws. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, or redistributed in any way without our prior written permission. Certain names, logos, and other materials displayed on the Site constitute trademarks or service marks of Frank Finly or other entities. You are not authorized to use any such marks. We retain all rights not expressly granted in these Terms.

3. Scope of Services — Financial Disclaimer

Frank Finly IS NOT INTENDED TO PROVIDE LEGAL ADVICE, TAX ADVICE, OR FINANCIAL ADVICE. We are NOT a financial planner, broker, tax advisor, or investment adviser. Frank Finly LLC is a Georgian company. We are NOT registered with the U.S. Securities and Exchange Commission (SEC), NOT a licensed financial advisor in any U.S. state, and NOT a broker-dealer.

All content, tools, calculators, and information on the Site are strictly informational and educational. They are intended only to assist you in understanding financial concepts and are not tailored to your personal situation. Your financial situation is unique. Before making any financial decisions, you should consult a licensed professional who is fully aware of your circumstances.

WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE based on information from the Site or Services, including any losses you suffer. The Site and Services are provided as a convenience and should not replace professional advice.

Our matching service connects you with third-party financial advisors who participate in our platform. We do not review advisor performance, manage your accounts, or provide investment advice. Advisors are matched based on criteria such as geographic location, investable assets, and preferences. See our Financial Disclaimer for more details.

4. General Rules of User Conduct

It is our goal to make access to our Site and Services a good experience for all users. You agree not to, and represent and warrant that you will not:

• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
• Use any robot, spider, other automatic device, or manual process to extract, screen scrape, monitor, mine, or copy any web page on the Site or the Content for commercial use without our prior express written permission
• Interfere in any way with the proper functioning of the Site or Services, or disobey any requirements, procedures, or policies of networks connected to the Site
• Use any high-volume automatic, electronic, or manual process to access, search, or harvest information from the Site or Services
• Use the Site or Services to stalk, harass, or harm another individual
• Use the Site or Services to generate unsolicited email advertisements or spam
• Upload or transmit any virus, worm, Trojan horse, or other malicious code
• Attempt to gain access to secured portions of the Site to which you do not possess access rights
• Attempt to reverse engineer or jeopardize the correct functioning of the Site
• Violate the rights of any third party, including intellectual property rights
• Conduct or promote any illegal activities while using the Site or Services

If you post content (e.g., comments, feedback) to the Site, you represent and warrant that you will not post content that: advocates or encourages illegal activity; contains viruses or harmful components; misrepresents your identity; discloses confidential or proprietary information of others; is discriminatory, unlawful, offensive, fraudulent, defamatory, or infringes the rights of third parties.

5. Third-Party Content and Other Websites

Content from advertisers and other third parties may be made available to you through the Site or Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, or other third parties.

The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites, products, or services. We provide these links for your convenience only. Our inclusion of links does not imply any endorsement. It is your responsibility to review the privacy policies and terms of service of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

6. Modifications to Terms

We may change the terms of this Agreement from time to time on a going-forward basis. We will notify you of any material changes by posting notice of the changes on the Site and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier of: (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes. If you do not agree to any changes, you must cease access to the Site and use of the Services.

7. Modifications to the Site or Services

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site and Services. Continued access following notice of any such changes will indicate your acknowledgement of such changes. You agree that we may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.

8. Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Frank Finly, the Site, or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

9. Privacy

We know that your privacy is important. For this reason, we have created a Privacy Policy that describes our collection, use, and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats, or other vulnerabilities.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE CONTENT, SITE, AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE CONTENT, SITE, AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, OR SERVICES, OR THAT DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS. NO CONTENT, ADVICE, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

11. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Frank Finly, our affiliates, officers, directors, employees, consultants, and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of this Agreement; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by you into the Site or Services.

13. Governing Law

You are responsible for compliance with all applicable laws. These Terms and the relationship between you and Frank Finly will be governed by the laws of Georgia, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Site or Services not subject to arbitration under Section 15 must be instituted exclusively in the courts of Georgia. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.

14. Electronic Communications and E-Sign Consent

We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. We may also need to provide you with certain communications and disclosures in writing. Your agreement to this Electronic Communications and E-Sign Consent confirms your ability and consent to receive all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") electronically from us.

You hereby: (i) consent to receive Communications from us in electronic form, including by making them available on the Site or via email including a link provided in an email; and (ii) agree that Communications that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing; and (iii) you understand that you are responsible for any costs associated with accessing electronic documents, such as internet service fees, phone charges, and printing costs.

To access and retain the Communications, you will need:

• Access to an active email address
• Sufficient storage space to store Communications or a printer to print them
• A current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader)
• A recent version of an Internet browser
• A computer or mobile device with Internet connectivity

You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to Frank Finly LLC, Attn: Legal, Georgia, Kobuleti Municipality, Tsikhisdziri Village, 10th Street, No. 2, specifying in detail the Communication you would like to receive. Requesting a paper copy will not be treated as withdrawal of consent to receive electronic Communications.

Your consent to receive Communications and do business electronically applies to all of your interactions and transactions with us. You may withdraw your consent to receive Communications electronically by contacting us. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address.

15. Dispute Resolution and Arbitration Agreement

This Section 15 shall be referred to herein as the "Arbitration Agreement." Except for a claim by Frank Finly of infringement or misappropriation of our patent, copyright, trademark, or trade secret, any and all disputes between you and Frank Finly arising under or related in any way to these Terms or your use of the Site or Services, or your receipt of any email, telephonic, text message, or other communication from us or our representatives must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly.

YOU AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND FRANK FINLY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FRANK FINLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

(a) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms, shall exclusively be settled through binding and confidential arbitration. (b) The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. The arbitration will be governed by the rules of an internationally recognized arbitration institution. If the arbitrator deems them applicable, procedures for consumer-related disputes may apply. (c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. (d) The arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. We also reserve the right in our sole discretion to assume responsibility for all of the costs of the arbitration. Each side pays its own attorneys' fees and expenses unless a statutory provision requires otherwise. (e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court provided such action remains in such court. Further, claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the courts of Georgia. Additionally, either party may seek emergency equitable relief before the courts of Georgia in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the exclusive personal jurisdiction of the courts of Georgia for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

(f) Thirty-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Frank Finly LLC, Georgia, Kobuleti Municipality, Tsikhisdziri Village, 10th Street, No. 2, or by email to [email protected], within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your full name, postal address, and email address (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other provisions of this Agreement will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

16. Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Site or Services; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Our copyright agent for notice of claims of copyright infringement can be reached by email at [email protected] or by mail at Frank Finly LLC, Attn: Copyright Agent, Georgia, Kobuleti Municipality, Tsikhisdziri Village, 10th Street, No. 2.

17. General Terms

You may not transfer, assign, or delegate any of your rights and/or duties under this Agreement to anyone else, and any attempted assignment or delegation is void. We have the right to freely assign our rights under this Agreement. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement are included only to help make the Agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

18. Survival

Sections 2, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content, Our Technology, and the Services, will survive the expiration or termination of this Agreement for any reason.

19. Notice; Violations

We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to [email protected] or as otherwise expressly provided. Please report any violations of this Agreement to [email protected].

20. Contact

For questions about these Terms, contact us at:

Frank Finly LLC
Georgia, Kobuleti Municipality, Tsikhisdziri Village, 10th Street, No. 2
Email: [email protected]