FINANCIAL HEALTH NETWORK INC.

Member Portal Content Sharing Terms and Conditions of Use

MEMBER PORTAL / MEMBER CONTENT SHARING

Financial Health Network (the “Company”) maintains a Member Portal (the “Portal”), accessible on a password-protected basis only to Members who establish a Portal account.  The Portal is created to facilitate information exchange between and among the Company and the Member. It is intended (among other purposes) to provide a forum for Members to post and make available to other Members content related to the Company’s mission of improving the financial health of our communities, with a special focus on providing support to the most vulnerable members of our communities to help them develop financial literacy, capabilities, and systems that enhance their ability to succeed and thrive.

The following Terms and Conditions of Use govern access to and use of the Member Portal Content Sharing.  All persons who access and utilize the Member Portal Content Sharing through a Member’s account must acknowledge and agree to these Terms and Conditions of Use.

Posting of Content

  • Posting by Members and their Employees/Agents:  Postings of content to the Portal may be made by employees, agents, and other individuals authorized by a Member to use the Member’s Portal account for purposes of accessing the Portal and posting content to the Portal.
  • Acknowledgement of Sharing of Content:  By posting content to the Portal, a Member acknowledges that the content posted by or on behalf of the Member by its employees or agents will be available for review by all other Members and by the individuals who are permitted by such other Members to access the Portal using their account and password, and to that extent will become publicly available and no longer private.  No Member shall have the right to direct that access to its postings be withheld from any other Member having an account providing access to the Portal.
  • Limitation of Number of Postings:  In order to ensure that the Portal is available to all Members that have established an account to use the Portal, no single Member may have more than four (4) active postings on the Portal at any given time.  If a Member or its employees or agents wish to make a posting to the Portal that will cause the limitation on number of postings to be exceeded, the Member must direct the removal of one or more of its prior postings so that the new posting or postings does not cause the maximum number of permitted postings to be exceeded.

Review, Approval, and Removal of Content

  • Review of Content by the Company:  Members agree that the Company shall have the right, but not the obligation, to review any content proposed for posting to the Portal in advance, and that the Company may in its discretion decline to approve the posting of any particular content by a Member or its employees or agents.  Company shall review and post approved content within twenty (20) business days. 
  • Removal of Content by the Company:  Whether or not content has been previously approved for posting by the Company, the Company shall have the right at any time, with or without notice to the Member responsible for the posting, to remove content that has been posted to the Portal if the Company determines in its discretion that the content does not adhere to the standards set forth in these Terms and Conditions, or otherwise does not contribute to the advancement of the mission of the Company as described above.
  • Removal of Content by the Member:  Any Member that has posted content may ask that such content be removed from the Portal at any time.  The Company will remove such content within a reasonable time after receiving a request for removal.

Nature of Content

  • Appropriate Language:  All content posted to the Portal must be tasteful and respectful in tone and content, must not criticize or disparage any third party or group of people or organizations, and must not contain language that could reasonably be considered offensive by any third party or group of people or organizations.
  • Types of Information Appropriate for Posting:  Members may post content to the Portal that consists of a variety of internal and external reports, links to digital experiences, and documents related to their own businesses and business strategies.  Members may, at their discretion, post information that contains their own confidential information, acknowledging that the content that they post will be accessible to other Members that have a Member Account to use the Portal, and will not be protected from being viewed by such other Members.  The Portal is not intended for the posting of raw data sets, and posting should not include any such raw data or any Personally Identifiable Information (as that term is generally defined) relating to any third parties.
  • Confidential Information/Non-Infringement:  No content posted to the Portal by or on behalf of a Member may contain any information that is subject to a confidentiality agreement or similar undertaking by the Member making or authorizing the posting, and may not infringe on any copyright, trademark, service mark, or other intellectual property rights of any third party.  
  • No Violation of Antitrust or other Laws and Regulations:  Members posting content or authorizing the posting of content by their employees or agents, and Members accessing and using content posted by or on behalf of other Members, agree to refrain from posting or using any content in any way that violates applicable state and federal anti-trust laws and regulations, and agree to comply in all respects with the letter and spirit of the Company’s Anti-Trust Policy in effect from time to time.

Use of Content

  • Member Use of Content:  Members accessing content posted to the Portal by other Members may use such content for their own information in connection with their own respective businesses.
  • No Sharing of Other Members’ Content:  Members accessing content posted to the Portal by other Members may not share such content with any third parties outside their own organization or affiliated organizations, or use such content in any way other than for their own information.  Notwithstanding the foregoing, if any Member shares content posted by other Members or posts such content on any other website or social media or other outlet, the Company is not responsible for any consequences of such sharing or posting in violation of this paragraph, and the Member who has shared or further posted the content in non-compliance with this paragraph agrees to indemnify and hold harmless the Company from and against any consequences of such sharing.

Limitation of Company Liability

  • No Endorsement by the Company:  Notwithstanding its right to review and approve the posting of content to the Portal and its right to remove content from the Portal, any prior review and approval by the Company of a Member’s posting of content does not imply any endorsement of the content by the Company or any statement by the Company regarding the accuracy of content posted to the Portal.
  • No Responsibility for Portal Availability or Downtime:  The Company makes no representations regarding the availability of the Portal at any particular time or times, and the Company has no responsibility for any direct or indirect consequences caused by or related to any incidents of “downtime” when the Portal may not be available for posting or review of content.

Limitation of Liability and Indemnification of the Company:  The Company shall not be liable to Members or to any third parties for any direct or indirect injuries or other consequences caused by or related to the posting, access, or use of content by a Member.  Any Member posting content to the Portal or accessing and using content posted to the Portal shall indemnify and hold harmless the Company and its officers, employees or agents from and against any such liability that may be asserted against the Company as a consequence of or related in any way to the posting, access, or use of such content.