Date of Last Revision: January 31, 2018
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 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 AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER 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.
WE DO NOT PROVIDE CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO "CLEAN UP" OR "IMPROVE" YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD IMPROVE OR GOAL IS COINCIDENCE AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONE’S CREDIT RATING.
IMPORTANT DISCLOSURE: MoneyTips is not affiliated with the annual free credit report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies. To request your free annual report under that law, you must go to www.annualcreditreport.com or 877-322-8228, the ONLY authorized source under federal law.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law for a free credit report.
We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
As a condition to your visit and use of the Services, you represent and warrant that:
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.
Once you enroll in Membership, you may cancel your Membership at any time during your trial (if applicable), without any penalty or obligation. After your trial (if applicable), you agree to pay any accumulated, unbilled charges through the date of your cancellation - at the time of your cancellation.
* These features are only available for paid memberships. Free membership may not include these features.
What if I have Questions?
If you are not a Member or need help enrolling in your Membership, please contact us at (800) 707-2292. You can also go to our web site and click on Contact Us.
For Members, please log in to your account, and then click Contact Us. There you can use our simple form which will help you contact us with your specific needs. For security purposes, we do not accept emails; please just use this form.
If you need to contact us by telephone, please call (800) 707-2292.
MEMBERSHIP OPTIONS AND PRICING
About a trial Membership (if applicable):
About a Free Membership (if applicable):
We reserve the right to offer you different Membership plans at any time where the monthly charge, Actions per billing period and updates to your Credit Scores per billing period may be different than listed above.
Our prices are subject to change at any time. Prior to any price increase, we will give you notice, and you may cancel your Membership if you do not agree to the increase.
When you enroll in Membership our system may validate your method of payment to verify your identity and check for fraud. If you have not cancelled your Membership, we reserve the right to use an industry standard credit/debit card updater to update your method of payment should your current method of payment be lost, stolen or expired.
At the end of your trial period (if applicable) and if you have not cancelled your Membership, you will be charged your Membership fee according to the Membership plan you selected. Your billing period will begin once your trial period expires ('bill date'). You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (800) 707-2292.
If your method of payment for any charges described herein fails, you may lose access to your Membership.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards and frivolous use of our product or service offerings.
How does the Cancellation Policy work?
Canceling your Membership Account will immediately cease any additional charges. You agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. You may reactivate your account at any time.
Upon cancellation, you will lose access to the areas of the service designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (800) 707-2292.
Grant of Limited Power of Attorney.
You, the Member, hereby grant MoneyTips, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to MoneyTips full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
MoneyTips, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to MoneyTips the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
To cancel this contract, simply log in to your account at moneytips.com.
Or, alternatively, you may also cancel this contract by mail. Please deliver a signed and dated copy of this cancellation notice, or any other written notice, to: MoneyTips - 11801 Mississippi Ave., Suite 100, Los Angeles, CA 90025 postmarked within your trial period.
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
[ ] I hereby cancel my contract.
Print Name________________________________________________ [required]
User Name_________________________________________________ [required]
Email you used to sign up________________________________ [required]
Date of Birth_____________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the above cancellation notice form, complete, sign, date it and mail to MoneyTips -11801 Mississippi Ave., Suite 100, Los Angeles, CA 90025.
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) 707-2292.
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.
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) 707-2292.
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.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement please know: "You have the right to sue a credit services organization if it misleads you."
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own, such as our Actions. We are simply a neutral technology allowing consumers to communicate with their Creditors for whatever they need.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
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.
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.
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.
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:
You may file a DMCA Notice of Alleged Infringement with MoneyTips designated Copyright Agent:
MoneyTips Copyright Agent
11801 Mississippi Ave., Suite 100
Los Angeles, CA 90025
Fax Number: (310) 209-8106
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.
NO WARRANTY: THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE OR ACCESSIBLE VIA THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS," "AS AVAILABLE." WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
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.
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.
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.
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 https://www.jamsadr.com/rules-comprehensive-arbitration 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 https://www.jamsadr.com/rules-download/). 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.
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.
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.
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 11801 Mississippi Ave., Suite 100, Los Angeles, CA 90025, via email at email@example.com, or by calling us at (800) 707-2292.
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