Welcome to McFadden Finch Holdings Company. These Terms of Service (“Terms”) are a legally binding contract and govern your access to, and use of, our website and other digital products and services (“Services”) offered by McFadden Finch Holdings Company, a California corporation (“McFadden Finch,” “we,” “us,” or “our”).

These terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and McFadden Finch by binding individual arbitration. By using the Services, you agree to be bound by these Terms.

Changes to These Terms or the Services

We reserve the right to change these Terms from time to time, at our sole discretion. Additionally, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.

Your Privacy

You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, available at McFadden Finch Privacy Policy URL. Our Privacy Policy is incorporated into these Terms.

Donations

If you wish to make a donation through the site (“Donation”), please note that we may use one or more third-party payment services (“Payment Service”) to process such Donations. If you use a Payment Service, you may be directed to a web page hosted by the Payment Service or its providers, and not by us (“Payment Service Page”). Your use of any Payment Service Page will be subject to the Payment Service’s user agreement and privacy policy, not our Privacy Policy. We are not responsible for the Payment Service’s actions. We reserve the right to discontinue any Payment Service and to refuse or not refund any Donation. Your Donations may be used at our discretion.

Your Use of the Services

Subject to these Terms, McFadden Finch grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services solely to enable you to use and enjoy the benefit of the Services as provided by McFadden Finch, in the manner permitted by these Terms.

You are prohibited from using data mining, robots, or similar data gathering and extraction tools on the Services.

The Services are protected by copyright, trademark, and other laws of the United States and possibly other jurisdictions. You are not granted any right to use McFadden Finch’s intellectual property without our express written permission.

Your Conduct

You agree to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Services. Prohibited activities include harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Services.

Security

We care about the security of our users. While we strive to protect your personal information and account, we cannot guarantee that unauthorized third parties will not be able to breach our security measures. Please notify us immediately of any unauthorized use of your account.

Term and Termination

These Terms are effective from the date that you first access the Services or submit any information to McFadden Finch, whichever is earlier, and will remain in effect until terminated in accordance with these Terms.

Indemnity

You agree to indemnify and hold harmless McFadden Finch and its affiliates from any claims, liabilities, expenses, and damages arising from your use of the Services or your breach of these Terms.

Limitation of Liability

McFadden Finch will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Services.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of California. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts located in Alameda County, California.

Contacting McFadden Finch

You can contact us by emailing info@m-fhc.com or by writing to us at:

McFadden Finch Holdings Company 6114 La Salle Ave., Suite 401 Oakland, CA 94611

Effective: March 15, 2021