Terms of use

These Terms of Use are a legally binding agreement between you, and Giraffe Financial Inc. (“Giraffe”, “we”, “us” or “our”).

Please read these Terms of Use (collectively with the Privacy Policy as the “Agreement”) fully and carefully before using https://giraffe.financial (or such other URLs or web addresses as may be made available by Giraffe from time to time; the foregoing together as the “Sites”). The Sites include all associated protocols (e.g., https and https), subdomains and paths associated with the relevant domains.

ANY ADVICE OR GUIDANCE GIVEN BY OR ON BEHALF OF GIRAFFE IN CONNECTION WITH TAX CREDITS, REFUNDS OR REBATES, INCENTIVE PROGRAMS, PROMOTIONS, BENEITS, PROCUREMENT SAVINGS, OR OTHER PROGRAMS IS GIVEN SOLELY FOR INFORMATIONAL PURPOSES AND NOTHING PROVIDED BY GIRAFFE IS OR SHOULD BE CONSTRUED AS INVESTMENT, LEGAL, ACCOUNTING, OR TAX ADVICE. YOU SHOULD CONSULT YOU LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL IF YOU DETERMINE YOU NEEDS ANY SUCH APPLICABLE ADVICE AND GIRAFFE SHALL HAVE NO LIABILITY TO YOU FOR YOUR FAILURE TO DO SO. GIRAFFE IS NOT AN ACCOUNTING FIRM.
IF YOU DO NOT CONSENT TO THIS AGREEMENT YOU MAY NOT USE THE SITES.

Acceptance of Agreement.
1. By using the Sites in any manner, you agree to this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Sites by us, each of which is incorporated by reference and each of which may be updated from time to time.
2. Services offered by or promoted on the Sites (the “Services”) may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions (“Additional Terms”), which are incorporated into this Agreement by this reference. To the extent any provision of any Additional Terms conflicts with any provision of these Terms of Use, the Additional Terms shall control, but only for the purposes of the specific Service(s) to which they pertain. For the purposes of interpretation of Additional Terms, the Services shall be subject to all the provisions referring to Sites in this Agreement.
3. The Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Giraffe, which may include, without limitation, your name, address, contact information and other personally identifiable information (collectively, “Personal Information”). You consent to use of your Personal Information as set forth in this Agreement, including the Privacy Policy.
Access to Services.
This Agreement grants you a limited, non-exclusive right to access and use the Sites, including Content available made available through the Sites, as subject to all applicable provisions hereof (the foregoing as the “Access Right”). As further set forth herein, your Access Right may be terminated by Giraffe immediately upon notice to you, for any reason or no reason.
Eligibility.
The Sites are not intended to be used by persons under 13 years of age. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Sites. We may, in our sole discretion, refuse to offer the Sites to any person or entity and change the eligibility criteria of the Sites at any time. You are solely responsible for ensuring that your use of the Sites is in compliance with all laws, rules and regulations applicable to you. You may not access the Sites where Agreement or use of the Sites is prohibited, or to the extent the offering, sale or provision of the Sites conflicts with any applicable law, rule or regulation. Further, the Sites are offered only for your use, and not for the use or benefit of any third party.
International Users.
The Sites are not intended to be used by persons outside of the United States of America. Giraffe, including its digital infrastructure is located in the United States of America. If you are located in a jurisdiction other than the United States of America, you hereby acknowledge and consent to the handling of the data you submit to Giraffe pursuant to the laws of the United States of America and pursuant to the other applicable provisions of these Terms of Service.
California Users.
For your rights under the California Consumer Protection Act, and certain other California laws, please see the Privacy Policy.
Content.
1. Definition. For purposes of Agreement, the term “Content” means all tangible works of authorship, including, without limitation, information, data, text, photographs, videos, audio clips, music, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Sites. For the purposes of this Agreement, “Content” also includes all User Content and each User’s Service Content (both as defined below).
2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Sites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You expressly represent and warrant: (i) that all User Content provided by you is accurate, complete, and up-to-date; (ii) that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not violate or infringe on any third party’s rights, including but not limited to privacy rights, rights of publicity, copyright, trademark, trade secret, patent and/or any other intellectual rights; (iii) that you own or have obtained from third parties the necessary licenses, rights, consents, and/or permissions to publish User Content that you submit and to grant us a worldwide, royalty free, sublicensable, assignable, non-exclusive license in such User Content, as provided in Section 6(e) below; and (iv) that all User Content submitted by you complies with the Rules of Conduct set forth in Section 8 below.
3. Notices and Restrictions. The Sites, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Sites contains Content specifically provided by us, our licensors, partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Sites. No portion of the Sites may be reproduced in any form or by any means, except as expressly permitted hereunder or under Additional Terms. Except as expressly set forth herein, you acknowledge that your use of any Content, including but not limited to User Content, accessed by you while using the Sites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Sites is or will continue to be accurate.
4. Use License. Subject to this Agreement, we grant each user of the Sites a worldwide, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use (i.e., to download and display locally) Content (other than your own User Content) solely for purposes of using the Sites for the user’s personal, non-commercial use, and only within the functionality of the Sites. Use, reproduction, public performance, modification, distribution or storage of any Content (other than your own User Content) for any reason other than using the Sites for personal, non-commercial use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates this Agreement or any third party right.
License Grant.
As between you and us, you own the User Content you submit through the Sites. By submitting User Content through the Sites (or to Giraffe by any other means), you hereby grant us and our partners a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, transferable, assignable, sublicensable, worldwide license to use, display, host, publish, reproduce, download, publicly perform, transmit, broadcast, adapt, modify (e.g., re-format), rearrange, prepare derivative works of, distribute, and otherwise exploit your User Content through any manner, mode of delivery, or media now known or developed in the future for our business purposes. Pursuant to this license, we have the right to display your User Content on our websites as well as on third party websites or otherwise to promote our business. You agree that we and our partners may identify you as the author of any of your User Content by name, email address or screen name as we see appropriate. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Sites and under this Agreement. Your Content includes: any “comments” you submit to or through the Sites; feedback, suggestions, ideas, and other submissions you disclose to Giraffe; and the contents of email communications to or with Giraffe or any of its personnel or representatives, including by email, fax, physical mail or telephone calls. You further acknowledge that Giraffe and its applicable successors and assigns shall be entitled to unrestricted use of your Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Content. You also permit any user of the Sites to access, display, view, store or reproduce any Comment that you have made available in any part of the Sites for their personal use. Except as set forth in any Additional Terms and/or in the Privacy Policy, Giraffe is and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay to you any compensation for any comments; or (3) respond to any comments. Without limiting the foregoing, your Content does not include information submitted to Giraffe in connection with services rendered under Additional Terms, which such information shall be governed by such applicable Additional Terms.
Availability of Content.
As a condition of use, you acknowledge that Giraffe does not have any obligation to review or otherwise pre-screen User Content. We do not guarantee that any Content will be made available on the Sites. We reserve the right to, but do not have any obligation, to (i) pre-screen, refuse and/or remove any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all and (ii) to remove or block any Content from the Sites. Furthermore, we reserve the right to restrict or prohibit your use of Sites if we believe you are violating any of the terms of this Agreement and to remove, edit, or relocate any User Content as we see fit, whether for legal or other reasons.
Use of Information.
Subject to the provisions of any applicable Additional Terms, Promotion Terms and the Privacy Policy, you consent to Giraffe’s use and disclosure of information about your demographics and use of the Sites in any manner that does not reveal your personal identity. By participating in contests, promotions, and/or requesting promotional information or product updates through the Sites you hereby consent to Giraffe’s use of your personal information for marketing and promotional purposes, as subject to the Privacy Policy, applicable Promotion Terms and applicable Additional Terms.
DMCA COMPLIANCE AND COPYRIGHT INFRINGEMENT NOTICES.
Digital Millennium Copyright Act (the “DMCA”) permits anyone who believes in good faith that material available via the Sites infringes their copyright (a “Claimant”) to send to our agent for notice of claims of copyright infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material (“Notice”). The Notice must include the following information:
1. identification of the copyrighted work that is claimed to have been infringed;
2. description of where on the Sites the allegedly infringing material is located;
3. information, if possible, sufficient to permit us to notify the individual who posted the allegedly infringing material;
4. Claimant’s address, telephone number, and email address;
5. a statement by Claimant that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by Claimant, made under penalty of perjury, that the information in the notice is accurate and that Claimant is the copyright owner or authorized to act on the copyright owner’s behalf; and
7. the electronic or physical signature of the Claimant.
  The DMCA permits anyone who believes in good faith that a Notice of copyright infringement has been wrongly made against them to send our Agent a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Agent at: dmca@giraffe.financial
  Responses to Notices will be made in accordance with the requirements of the DMCA and within Giraffe’s sole discretion.
Rules of Conduct.
As a condition of use of the Sites, you agree that you will not use the Sites for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Sites.
You shall not (and shall not permit any third party to) either (I) take any action or (II) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Sites, including without limitation any User Content, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
2. you know or should know or reasonably believe is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
5. contains (transmits, facilitates or otherwise enables) software viruses or any other computer codes, files, or programs that disrupt, damage, limit or interfere with the intended function of any software, hardware, or telecommunications equipment or which provide, enable, facilitate or obtain unauthorized access (whether on behalf of other software processes or natural persons) to (or control of, or ability to modify or interfere with) any system, data, password or other information of ours or of any third party;
6. impersonates any person or entity, including any of our employees or representatives; or
7. includes any third party’s identification documents or sensitive financial information; or
8. in any way that violates any agreement to which you are subject or in any way violates any applicable law, regulation, order or agreement to which you are subject, including, without limitation, any applicable federal, state, local, foreign or international laws,

Terms of use

Acceptance of Agreement.

Access to Services.

Eligibility.

International Users.

California Users.

Content.

License Grant.

Availability of Content.

Use of Information.

DMCA COMPLIANCE AND COPYRIGHT INFRINGEMENT NOTICES.

Rules of Conduct.