Terms of Use

ATHENA CF LLC WEB SITE TERMS OF USE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ATHENA CF LLC (“ATHENA”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE  https://athena-cf.com/ WEBSITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ATHENA MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. ATHENA CAN CHANGE THESE TERMS AT ANY TIME.  IF ATHENA MAKES ANY CHANGES, ATHENA WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. 

ATHENA PROVIDES CONSULTING SERVICES TO FINANCIAL INSTITUTIONS AND OTHER INSTITUTIONAL CLIENTS. ANY INFORMATIONAL CONTENT ON THIS SITE IS FOR GENERAL PURPOSES ONLY. ATHENA DOES NOT OFFER FINANCIAL PRODUCTS OR SERVICES DIRECTLY TO CONSUMERS. TO THE EXTENT ANY SECURITIES OR INSURANCE PRODUCTS ARE OFFERED IN CONNECTION WITH ATHENA’S CONSULTING SERVICES, SUCH PRODUCTS ARE OFFERED SOLELY THROUGH UNAFFILIATED, PROPERLY LICENSED BROKER-DEALERS OR INSURANCE AGENTS, AND NOT THROUGH THIS SITE.

General Use Restrictions

ATHENA provides various content through this Site. Certain information on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by ATHENA and are the copyrighted and/or trademarked work of ATHENA or ATHENA’ licensors.

ATHENA grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.

Privacy

Your use of this Site is governed by our Privacy Policy, which is available at below (the “Privacy Policy”).

Links to Third Party Sites

This Site may have links to other sites that are not Athena sites. ATHENA is providing these links to you only as a convenience, and ATHENA is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

Unauthorized use of any Materials contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ATHENA and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ATHENA or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

ATHENA is a trademark of ATHENA.  Other trademarks, names and logos, if any, on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ATHENA CF LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by ATHENA, and they may include inaccuracies or typographical or other errors. ATHENA does not warrant the accuracy or timeliness of the Materials contained on this Site. ATHENA has no liability for any errors or omissions in the Materials, whether provided by ATHENA or our licensors.

ATHENA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ATHENA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THE INFORMATION PROVIDED ON THIS SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INSURANCE, INVESTMENT, TAX, OR LEGAL ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY FINANCIAL DECISIONS.

Limitation of Liability

ATHENA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATHENA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ATHENA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. ATHENA’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

Local Laws; Regulatory Compliance

ATHENA controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Athena provides consulting services to financial institutions and other institutional clients that may be subject to various federal and state laws and regulations, including the Gramm-Leach-Bliley Act (“GLBA”) and applicable state insurance and financial services laws. Athena itself is not a “financial institution” as defined under GLBA and does not collect, receive, or maintain nonpublic personal information of retail consumers. To the extent any securities or insurance products are offered in connection with Athena’s consulting services, such products are offered through unaffiliated, properly licensed broker-dealers or insurance agents that are subject to their own regulatory requirements. Nothing in these Terms is intended to limit or modify any rights or protections afforded to you under applicable law. If any provision of these Terms conflicts with applicable law, the applicable law shall govern to the extent of such conflict.

General

If you violate these Terms, ATHENA may terminate and/or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

ATHENA may change these Terms from time to time by providing thirty (30) days prior notice either by posting a notice at the Site. You can review the most current version of these Terms at any time at this Site. The revised Terms will become effective thirty (30) days after ATHENA posts or sends you notice of such changes, and if you use the Site after that date, your use will constitute acceptance of the revised Terms. If any change to these Terms are not acceptable to you, your only remedy is to stop using the Site. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense without the prior written consent of ATHENA, but ATHENA may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment or transfer of these Terms by the parties in contravention of the foregoing shall be null and void. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all amendments must be in writing signed by both parties, except as otherwise provided herein. ATHENA failure to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Except as stated above, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Any delays in or failure of performance of ATHENA shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of ATHENA including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.

Governing Law; Disputes; Arbitration.

Law. These Terms shall be governed by the laws of the State of Missouri without regard to its conflict of laws provisions and the parties agree to the exclusive jurisdiction of the state and federal courts in St. Louis County.

Binding Contract. You acknowledge that these Terms are a contract between you and ATHENA, even though it is electronic and is not physically signed by you and ATHENA, and it governs your use of the Site.

Arbitration. Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and ATHENA expressly agree and intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, "Claims" means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Site, including any and all contents and materials related thereto, and/or (ii) your use of the Site.

Informal Dispute Resolution. If any Claim arises out of or relates to the Site or these Terms, other than as may be provided herein, then you and ATHENA agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. ATHENA’ notice to you will be sent based on the most recent contact information that you provided ATHENA. If no such information exists or if such information is not current, ATHENA has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and ATHENA will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or ATHENA to resolve the Claim on terms with respect to which you and ATHENA, in each of the parties' sole discretion, is not comfortable.

Applicable Law. If you and ATHENA cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree  that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration relating to your use of the Site, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and ATHENA agree that Missouri state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and ATHENA regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT OR THE SERVICE.

Arbitration Request. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to ATHENA at  . The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. The arbitration shall take place in St. Louis, Missouri or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com.

Fees. You and ATHENA will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ATHENA to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then ATHENA will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit ATHENA to recover attorneys' fees. ATHENA will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Class Action Waiver. YOU AND ATHENA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Exceptions. Notwithstanding the agreement to resolve all disputes through arbitration, you or ATHENA may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or ATHENA may also seek relief in small claims court for Claims within the scope of that court's jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in St. Louis County, Missouri. You and ATHENA agree to submit to the personal jurisdiction of the courts located within St. Louis County, Missouri for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms or your use of the Site in the event that the arbitration provisions are found not to apply. In such a case, should ATHENA prevail in litigation against you to enforce its rights under these Terms, ATHENA shall be entitled to its costs, expenses, and reasonable attorneys' fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which ATHENA may be entitled.

Restrictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR ATHENA WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR ATHENA MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. "Commencing" means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by ATHENA to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site, intellectual property rights of ATHENA, and/or ATHENA' provision of the Site.

Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: info@athena-cf.com with the subject line "COMPANY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate any disputes in accordance with these Terms providing for binding arbitration. If you opt-out of these arbitration provisions, ATHENA also will not be bound by them.