Terms of Use
Last Updated: April 2, 2024
This WEBSITE Terms of Use (“Terms of Use”) GOVERNS YOUR (“YOU” OR “YOU”) ACCESS TO AND USE OF THE WEBSITE PROVIDED BY Financial-Information-Technologies, LLC (“Fintech”, “Lilypad”, “our”, “us” or “we”).
By accessing or using this Website, you (a) represent that you are of legal age (typically 18 years of age or older in most jurisdictions), (b) acknowledge and agree that you have read and understand this Terms of Use and our Privacy Policy, which is hereby incorporated into and made part of this Terms of Use by this reference, and (c) agree to be bound by this Terms of Use. If you do not agree to this Terms of Use, you are not authorized to access or use the Website.
17. General.
a) Entire Agreement. This Terms of Use and the policies referenced in it constitute the entire agreement with respect to your rights, remedies and obligations relating to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. At our sole discretion and at any time, we may amend this Terms of Use. You should review this Terms of Use for amendments each time you use the Website. For your convenience, we post on the Website the last date this Terms of Use was updated. If this Terms of Use is amended, the amended Terms of Use will take effect immediately. Your continued use of the Website following an amendment will evidence your acceptance of the amended Terms of Use.
b) Amendments and Modifications. This Terms of Use may only be amended or modified pursuant to a written amendment duly executed or an electronic amendment duly accepted by both Fintech and you; provided, however, Fintech may (i) update this Terms of Use to comply with applicable law; and (ii) update the Privacy Policy at any time by providing written notice (“Update Notice”) to you. If an update to the Privacy Policy changes how Personal Data or Personal Information (as defined in the Privacy Policy) is used or applicable law otherwise requires your consent, then Fintech will also seek your consent prior to such update applying to you.
c) Binding Effect. This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Fintech and you and their successors and permitted assigns. This Terms of Use shall not be construed to give any person other than Fintech and you any legal or equitable right, remedy, or claim under or with respect to this Terms of Use.
d) Assignment. You shall not assign this Terms of Use or any right or obligation pursuant to this Terms of Use without the prior, written consent of Fintech, which consent may be withheld at the sole discretion of Fintech.
e) Waiver. No waiver of a breach of this Terms of Use by either party shall be construed as a waiver of a similar or any other provision of this Terms of Use.
f) Severability. If any provision of this Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Terms of Use will continue in full force and effect.
g) Force Majeure. Except for obligations of payment, if either party is prevented from performing any of such party’s obligations under this Terms of Use by circumstances beyond its reasonable control, then the party so affected shall be excused from its performance under this Terms of Use so long as such circumstance exists.
h) Notice. All notices required pursuant to this Terms of Use shall be delivered by and deemed delivered upon (i) hand-delivery on the date delivered; (ii) nationally recognized overnight delivery service on the date delivered or the date delivery is refused by the recipient; or (iii) electronic mail with verification of receipt upon such verification. All such notices shall be addressed to the other party at the address set forth below or to such other address as a party may designate by notice complying with the terms of this section:
i) Governing Law. This Terms of Use is governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any equitable action or legal proceeding arising out of this Terms of Use or otherwise related to the Website, each Party expressly consents to the (i) venue of Hillsborough County, Florida, USA and hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Hillsborough County, Florida, USA.
j) JURY TRIAL WAIVER. FINTECH AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF USE. FINTECH AND YOU EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
k) NO CLASS ACTIONS. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
l) Injunctive Relief. Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.
m) Prevailing Party Attorneys’ Fees. In the event of any equitable action arising or legal proceeding arising out of this Terms of Use or otherwise related to the Application, the prevailing party in such equitable action or legal proceeding shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such equitable action or legal proceeding, as well as at all levels of trial and appeal.
n) Injunctive Relief. Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.
o) Survival. Sections 2-6, 10, 11(d), and 12-17 will survive the expiration or earlier termination of this Terms of Use.
p) Counterparts and Electronic Versions. This Terms of Use may be accepted in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. This Terms of Use may be accepted by digital or electronic acceptance or signature. Each party reserves the right to maintain an accepted copy of this Terms of Use in electronic form only, and each party agrees that a print-out of such electronic form of this Terms of Use will be deemed an original.
Fintech Newsroom
TAMPA, FL — Financial-Information-Technologies, LLC (“Fintech”), the leading business solutions provider for the beverage alcohol industry, has renewed its strategic partnership with the National Beer Wholesalers Association (NBWA), the leading voice for America’s 3,000 independent beer distributors. Through this partnership, Fintech and NBWA will continue delivering helpful resources,
TAMPA, FL — Financial Information Technologies, LLC (“Fintech”), the leading business solutions provider for the beverage alcohol industry, today announced its asset acquisition of iControl Systems USA, LLC, a third-party technology solution offering alcohol invoice payments and scan-based trading. This acquisition broadens the adoption of Fintech’s flagship product,
Leading invoice payment and data solutions provider achieves unprecedented success in the alcohol industry. TAMPA, FL – Financial Information Technologies, LLC (Fintech), the foremost provider of invoice payment and data solutions for the alcohol industry, proudly announces a significant milestone with 1,000,000 alcohol distributor-to-client business connections through its
TAMPA, FL – Financial-Information-Technologies, LLC (“Fintech”), the leading B2B solutions provider for the beverage alcohol industry, has partnered with Sculpture Hospitality, the leader in food and beverage inventory management, to support bars and restaurants across the hospitality sector by driving operational efficiencies that protect alcohol margins, lower labor