Date of Last Revision: November 15, 2015
The Services are provided for each user’s (whether they be consumers and financial professionals) (hereafter referred to as “Users”, “you” and “your”) personal use and are subject to these Terms and including all modifications thereto, and any other rules or guidelines that may be published from time to time. The Services are provided to Users as an informational service, but is not the sponsor, source, bank, financial institution or other provider of the any goods or services offered by third parties shown or referenced within the content of the Services and Moneytips makes no representations or warranties and has no control over the quality or availability of goods and services offered by third parties shown or referenced within or the accuracy of the claims made by any such third parties. To the extent you choose to visit with these third parties or purchase or otherwise transact with such third parties, you do so at your own risk.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR ANY CONTENT PROVIDED IN RELATION THERETO. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
As provided for below, MoneyTips reserves the right to modify the Services and any element thereof, without notice to you. You should periodically review the Terms for changes, as some changes may directly impact the way you use the Services. The date of the current version of these Terms is noted above. Your use of the Services following any modification to these Terms shall be deemed to be your assent to any such modifications.
2. Conditions for Use of the Services
As a condition to your visit and use of the Services, you represent and warrant that:
A. You are at least 18 years of age and possess the legal authority to enter into an agreement and use the Services in accordance with these terms.
B. All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false, or fraudulent information is prohibited).
C. You understand that abuse of the Services may result in your being denied access to such Services, as determined by MoneyTips in its sole discretion.
D. You understand and agree that you will not:
1. Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Users or Services or any portion thereof;;
2. Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any of the Services;
3. Resell, assign, sublicense, or otherwise transfer, or delegate your rights or obligations under these Terms without the prior written authorization from MoneyTips;
4. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit the Services without prior written authorization from MoneyTips;
5. Use the Services for any purpose in violation of local, state, national, international laws or regulations;
6. Use the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to MoneyTips, and any other users or third party;
7. Circumvent any measures implemented by us aimed at preventing violations of these Terms.
Except as otherwise expressly permitted, MoneyTips reserves the right to terminate a User account in the event that such User provides false or misleading registration information or otherwise violates these Terms (as determined by MoneyTips in its sole discretion). Your status as a registered User creates only a customer relationship with MoneyTips and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
3. Premium Services (Including Recurring Charges and Cancellation)
MoneyTips offers various premium advertising and marketing services to Users (“Premium Service”). By participating in the Premium Service, you agree to pay MoneyTips the dollar amount specified at the time of your purchase. Payments for Premium Service will be charged as either a one-time fee, multiple payments, or as a recurring subscription fee, and may or may not include a free trial period.
To the extent you purchase any options with a recurring subscription fee, the subscription fee will be charged immediately, or at the end of the free trial period, whichever applicable, to the credit or debit card you provide to MoneyTips and then on a recurring monthly basis until you cancel the Premium Service. You acknowledge that MoneyTips reserves the right to change the recurring subscription fee amount upon thirty (30) days advance written notice. You may cancel the Premium Service involving recurring changes by e-mailing MoneyTips at email@example.com, or by calling us at (800) 395-7525.
If your payment method fails, MoneyTips reserves the right to suspend or terminate your Premium Service. Suspension or termination of your Premium Service does not absolve you from paying the Premium Service fees, and you agree to immediately provide MoneyTips with an alternative payment method and pay all past due amounts.
4. Cancellation and Refunds
Premium Service fees, whether paid as a one-time fee, as multiple payments, or as a recurring subscription, are not prorated or refundable upon cancellation. Premium Services that are billed on a recurring subscription basis must be canceled prior to the automatic recurring billing date in order to avoid being charged additional Premium Service fees. All Premium Service cancellations must be received via email to firstname.lastname@example.org or via telephone by calling (800) 395-7525.
5. Information on the Services
Our Services display content that may or may not be created or developed by MoneyTips. This content is the sole responsibility of the person or entity that creates or develops it. MoneyTips assumes no responsibility or liability for such Content and makes no representations or warranties concerning the accuracy or quality of any underlying services or goods offered by third parties. We may review such third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. MoneyTips reviews a portion of the content that is published via the Services, but we do not guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it. MoneyTips makes no representation as to the completeness, accuracy or currentness of any information made available via the Services. All content shown, described or depicted via the Services is subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any content at a particular time does not imply or warrant that the content and its subject matter will be available at any time.
6. No Formation of Relationship with MoneyTips of Users
Information available through the Services, including but not limited to written articles, videos, infographics, images, calculators, opinions, comments, recommendations, answers, analysis, User referrals, or other financial tools (collectively, “Financial Content”), is intended for general informational purposes only and is not intended as financial, tax, or legal advice, nor does it create a fiduciary relationship between Users and MoneyTips. It is not a substitute for an in-person or telephone consultation with an appropriate financial professional in your jurisdiction with the expertise to address your specific financial issue, and you should not rely upon such Financial Content.
7. User Posted Content & Other Interactive Services or Areas
MoneyTips includes interactive areas in which Users may post content and information, including peer and client reviews, questions and answers, comments, photos, videos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to MoneyTips.
Users are solely responsible for the use of interactive features included in the Services and understand that you may be subject to internal compliance policies, as well as local, state, or federal regulating bodies. By using any interactive feature, you agree to comply with the MoneyTips Community Guidelines and assume all risk associated with your use. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms or our policies.
When you post User Content to MoneyTips, you give MoneyTips and its Users and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such User Content is attached to a profile on the MoneyTips platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
MONEYTIPS SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY FINANCIAL CONTENT OR USER CONTENT YOU ENCOUNTER ON OR THROUGH THE SERVICE, AND ANY USE OR RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
8. Professional Advertising and Communications
It is solely the responsibility of the User to ensure that any information or advertisements they post or place on the Service, and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of financial services and those regulating the form, manner or content of communications with clients, advertising, or other matters.
9. Intellectual Property
Except where expressly stated otherwise, MoneyTips or its licensors is the owner or the licensee of all intellectual property rights located via the Services, in the materials published or otherwise made available through the Services. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us.Except where expressly provided otherwise by us, nothing made available via the Services may be construed to confer any license or ownership right in or materials published or otherwise made available through our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe any material made available through the Services constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder, or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by facsimile, electronic mail or first class mail, setting forth the following:
A. a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
B. detailed identification of the copyrighted work or trademark claimed to have been infringed;
C. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. your contact information, including your address, telephone number, and an email address;
E. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may file a DMCA Notice of Alleged Infringement with MoneyTips designated Copyright Agent:
MoneyTips Copyright Agent
2045 S. Barrington Ave, Unit A
Los Angeles, CA 90025
Fax Number: (310) 209-8106
10. Disclaimers and Acknowledgements Regarding Use of Financial Information
While MoneyTips strives to provide useful financial information, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion.
MONEYTIPS DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MONEYTIPS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." MONEYTIPS ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONEYTIPS OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MONEYTIPS, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION APPLIES TO ALL SERVICES OFFERED BY MONEYTIPS, INCLUDING, WITHOUT LIMIATION, PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless MoneyTips, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct in connection with the Services, your violation of these Terms or your violation of the rights of any third party.
13. Modification of Terms
MoneyTips, at its sole discretion, may revise these Terms from time to time, on a prospective basis, and will post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your user account email address). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms. If you do not agree to the modified terms, you must stop using the Services.
14. Governing Law & Exclusive Venue
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in the County of Los Angeles in the State of California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
15. Dispute Resolution
You and MoneyTips agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and us are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by JAMS (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at http://www.jamsadr.com/rules-comprehensive-arbitra... or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. (JAMS provides a form for the Demand for Arbitration via http://www.jamsadr.com/rules-download-rules/). Arbitration Location and Procedure. Unless you and MoneyTips otherwise agree, the arbitration will be conducted in the County of Los Angeles in the State of California.
Notwithstanding any of these Terms, MoneyTips reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. MoneyTips reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
16. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, third-party content or third party software. This Agreement does not alter in any way the terms or conditions of any separate agreement you may have with MoneyTips or its affiliates, for products, services or otherwise.
17. Waiver, Severability & Assignment
MoneyTips failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. MoneyTips may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
18. Questions & Contact Information
If you have any questions regarding the use of the Services, please visit the FAQ section of the site. All other questions or comments about the Services or its contents should be directed to Customer Care via direct mail at 2045 S. Barrington Ave, Unit A, Los Angeles, CA 90025, via email at email@example.com, or by calling us at (800) 395-7525.
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