End User License Agreement

Your access to and use of Psychology in Practice: Financial Planner Essentials Video Series (the “Product) is subject to the terms and conditions of this End User License Agreement (the “Agreement”) between the user of the Product (“You”) and Financial Planning Standards Board Ltd. (“FPSB”). This Agreement forms a binding legal agreement between FPSB and You (and any other entity on whose behalf you accept these terms and conditions).

1. License

a. Grant. FPSB grants You, and you alone, a revocable, non-exclusive, non-transferable, limited license to access the Product via the FPSB Learning Center. To access the Product, you must have an account for the FPSB Learning Center and agree to the terms of use for the FPSB Learning Center platform. Access will be available for one (1) year (the “Term”) from the date on which Your access is made available.

b. Permitted Use. You may electronically display and view the licensed content embodied in the Product solely for Your personal use.

c. Limitations on Use. You may not copy, download, print scrape, store, publish transmit, retransmit transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Product or any portion of the Product in any form or by any means or for any purpose other than expressly permitted by this Agreement. You may not modify, sell, license, sublicense or distribute the Product or any portion of the Product to third parties or use the Product or any portion of the Product as a component of or as a basis for any material offered for commercial sale, license or distribution. You may not remove, obscure or modify any legal notices, including without limitation copyright notices, included in the Product.

d. Acceptable Use. You agree that You will not allow any other users to access the Product through the FPSB Learning Center platform using Your account credentials. Moreover, You agree not to otherwise access or use, or encourage others to access or use, the Product in a manner that violates the limits or controls of the FPSB Learning Center platform or the terms of this Agreement. You will be responsible for all access to and use of the Product by means of Your equipment or login credentials, whether You have knowledge of or authorize such access or use.

e. Updates. Access to revised or updated editions of the Product will require payment for such new versions.  Access to any updated FPSB Learning Center software will be governed by the terms of use for the platform.

f. Changes to this Agreement. FPSB reserves the right to modify the terms of this Agreement at any time and for any reason. FPSB will post the most current version of this Agreement in the FPSB Learning Center and may require you to affirmatively accept such updated versions. Your continued access to the Product after FPSB publishes notice of changes to this Agreement indicates Your consent to the updated terms.

2. Intellectual Property Ownership. As between you and FPSB, FPSB owns all right title and interest in and to the Product, including all copyright, trademark and any other intellectual property embodied therein. Except for the license granted in this Agreement, all right title and interest in the Product, in all languages, formats and media throughout the world will continue to be the exclusive property of FPSB.

3. No Included Maintenance or Support. Under the terms of this Agreement, FPSB has no obligation to provide maintenance or support for the FPSB Learning Center platform through which You access the Product.

4. Termination. This Agreement terminates automatically (i) at the conclusion of the Term or (ii) at the point in time that You breach any term of this Agreement, whichever occurs first.

5. Disclaimer of Warranties and Limitation of Liability.

YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, AND CURRENTNESS.

TO THE EXTENT NOT PROHIBIED BY LAW, IN NO EVENT WILL FPSB HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING TO THIS AGREEMENT OR ITS PERFORMANCE HEREUNDER, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL FPSB BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, EXEMPLARY, INCIDENTIAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will FPSB’s total liability to You for all damages exceed the amount You paid for access to the Product.

6. Governing Law. This Agreement will be governed by the laws of the State of Colorado, USA or United States federal laws where applicable. All disputes under this Agreement will be resolved by litigation in the courts of the State of Colorado, including the federal courts therein, and You hereby consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses that might otherwise be available to You.