Terms of Use - HSFPP Content

TERMS OF USE – HSFPP CONTENT

By using any content of the High School Financial Planning Program® (HSFPP®) (the “Content”), you agree to the following terms and conditions. The Content available is provided by the National Endowment for Financial Education® (“NEFE”, “We” or “us”) for nonprofit, noncommercial educational purposes only. As long as you comply with the terms and conditions of this Content License Agreement (the “Agreement”), NEFE grants to you a non-exclusive, revocable license to use, copy, and distribute works based on the Content, solely for nonprofit, noncommercial education purposes. 

1. NONPROFIT NONCOMMERCIAL USES ONLY

Use of the content is STRICTLY LIMITED TO USE FOR NONPROFIT, NONCOMMERCIAL EDUCATIONAL PURPOSES ONLY. Commercial use or copying of the content, or of any derivative work based on or generated by the Content, is not permitted under this Agreement. PROHIBITED COMMERCIAL USES included, but are not limited to:

- The sale or offering for sale of the Content or any portion thereof or any derivative work based thereon, and

- The use of copying of the content in connection with conducting or promoting a for-profit business, or for funds-generating purposes by any person or organization.

You may not add any content or revisions that could be construed as making recommendations regarding any financial instrument or investment opportunity.

You may not include any trademarks of NEFE on any copies of the Content or derivative works based on the Content, or do anything to state, suggest, or imply that you or any Content or derivative work based on the Content that you make or distribute is in any way affiliated with, sponsored, or endorsed by NEFE.

NEFE provides the HSFPP as a public service to enhance the financial literacy of youth. The program does not promote financial products, financial planning organizations, individuals, or companies. However, to be effectively taught, the program often makes use of outside volunteer financial services professionals to add value in a classroom or similar setting. While providing this service, outside financial services professionals are not permitted to sell, advertise, or otherwise in any way promote the particular financial services organizations or products with which they may be affiliated.

2. INTELLECTUAL PROPERTY

The Content is the intellectual property of NEFE. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the content, and all rights not expressly granted are reserved to NEFE. 

3. REVOCATION OF LICENSE

NEFE may, by notice to you, terminate and revoke any or all of the rights granted to you under this Agreement for any reason. In addition, your rights under this Agreement shall immediately terminate if you breach any provision of this Agreement. NEFE expressly reserves the right to pursue legal action against you if you breach any term of this Agreement.

4. DISCLAIMER

NEFE does not provide financial or investment advice and does not make any recommendations regarding any financial instrument or investment opportunity. NEFE does not warrant the performance or results users may obtain by using the Content.

The information and Content included in or available through the HSFPP may include inaccuracies or typographical errors. NEFE may make improvements and/or changes in the information and Content at any time. Information and Content advice received or obtained via the HSFPP should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

4.1 Disclaimer of Warranties. NEFE makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and Content included in or available through the HSFPP for any purpose. To the maximum extent permitted by applicable law, all such information and Content is provided “as is” without warranty or condition of any kind. NEFE hereby disclaims all warranties and conditions with regard to this information and content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

4.2 Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall NEFE be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of any information or Content included in or available through the HSFPP or otherwise arising out of the use of such information or Content, whether based on contract, tort, negligence, strict liability, or otherwise, even if NEFE has been advised of the possibility of damages, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. The above limitation may not apply to you. If you are dissatisfied with any portion of the information or Content included in or available through the HSFPP, or with any of these terms, your sole and exclusive remedy is to cease use of the information and Content.

5. INDEMNITY  

You agree to indemnify and hold harmless NEFE and its affiliates, officers, directors, agents, and employees against any and all liabilities, losses, actions, damages, or claims (including legal fees and expenses) arising out of or relating to the Content, any work based on, derived from, or incorporating any portion of the Content, or any copying, modification, distribution, use of or reliance on the Content or any work based on, derived from, or incorporating any portion of the content.

6. SEVERABILITY

Any clause of this Agreement declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.

7. GOVERNING LAW

Interpretation and enforcement of the Agreement are governed by the laws of the State of Colorado, excluding the application of its conflicts of law rules.

8. CLAIMS OF INFRINGEMENT

Just as NEFE requires users of the HSFPP to respect the copyrights and other intellectual property rights of NEFE, its Affiliates, and third parties, NEFE respects the copyrights and other intellectual property rights of users of the HSFPP and other third parties. If you believe in good faith that your copyrighted work has been reproduced within the HSFPP without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to: National Endowment for Financial Education, Attn: Copyright Infringement Agent, 1331 - 17 Street, Suite 1200, Denver, CO 80202-1586.
Please provide the following information to NEFE’s Copyright Infringement Agent:
(1) the identity of the infringed work, and of the allegedly infringing work;
(2) your name, address, daytime phone number, and email address, if available;
(3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
(5) your electronic or physical signature.

Updated August 2013