Terms of Service
Legal Disclaimers and Limitation of Liability
Disclaimers; No Warranties
Twilight Financial Coaching (TFC) and its staff are not certified financial planners. The services and any recommendations, information, or advice made available pursuant to the services, (collectively, the “service content”) is provided for informational purposes only. None of the service content should be construed as professional financial advice. Service content is not intended to be a substitute for professional financial advice.
TFC does not guarantee the results of our services. You acknowledge and agree that your use of or reliance on our services or information on our website is solely at your own risk and you assume full responsibility for all risk associated there with, as allowable to the extent of the law. Our services should not be construed as a recommendation or offer to sell or purchase any particular investment. You are solely responsible for using your own judgment to assess information provided by TFC in connection with our services, and on our website and our blog. TFC expressly disclaims any guarantee of results or outcomes of any of the recommendations or advice directly or indirectly related to the use of our services and service content, including on our website.
Our services and all materials and content available through our services (including on our website) are provided “as is” and on an “as available” basis. TFC disclaims all warranties of any kind, whether express or implied, relating to our services and all materials and content available through our services, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. TFC does not warrant that our services or any portion of our services, or any materials or content offered through our services, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and TFC does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from our services or any materials or content available through our services will create any warranty regarding TFC or our services that is not expressly stated in these terms. We are not responsible for any damage that may result from our services, including information provided on our website, and your dealing with any other service user. You understand and agree that you use any portion of our services, including information provided on our website, at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with our services) or any loss of data, including user content.
However, TFC does not disclaim any warranty or other right that TFC is prohibited from disclaiming under applicable law.
Limitation of Liability
To the fullest extent permitted by law, in no event will Twilight Financial Coaching (TFC) be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, our services or any materials or content on our services, including information provided on our website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not TFC has been informed of the possibility of damage.
The aggregate liability of TFC to you for all claims arising out of or relating to the use of or any inability to use any portion of our services, including information on our website, or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to TFC for access to and use of our services in the 12-months prior to the event or circumstance giving rise to claim; or (b) $100.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.