5201 Kingston Pike, Suite 6325
Knoxville, TN 37919
TERMS OF SERVICE AGREEMENT
operates this web site www.moneymanager.com (the .Site.). These Terms of Service govern
your use of the Site. Your access to, and use of, the Site, and the
services, products and networks found at or related to the Site (referred
to collectively as "MoneyManager.com" or the .MoneyManager.com
between you and MoneyManager.com, LLC and its corporate affiliates.
The terms "Company," "we," "us", or "our"
shall refer to MoneyManager.com, LLC and its officers, members, employees,
advisors, subsidiaries, affiliates, and sister and parent companies,
if any. By using the Site, you signify that you have read, understand
terms and conditions, please do not use the Service or interact with
the Site. The terms "you," "your" or "User"
shall refer to any individual or entity who accepts the terms and conditions
of this Agreement by using, viewing, transmitting, caching, storing
and/or otherwise utilizing the Site, the MoneyManager.com Services or
functions offered in or by the Site and/or the contents of the Site
in any way. This Agreement contains an agreement to arbitrate all claims
and disclaimers of warranties and liability.
The Site is available
only to Users that can form legally binding contracts under applicable
law. The Site and the materials located on or through the Site are provided
for informational purposes only. You agree and acknowledge that we make
no representation or warranty as to the accuracy of any information
on the Site or linked to the Site. Any registration by, use of or access
to the Site by anyone under 18 is unauthorized, unlicensed and in violation
of these Terms of Service. By using the Service and/or the Site, you
represent and warrant that you are 18 years of age or older and that
you are fully able to enter into and to abide by all of the terms and
conditions of these Terms of Service.
takes reasonable measures to ensure that your personal information is
disclosed only to entities or individuals intended to service your request,
MoneyManager.com does not guarantee that the information you provide
will not be intercepted by others.
DESCRIPTION OF SERVICES
is not a financial or investment advisor, financial planner or debt
consolidation service. MoneyManager.com delivers the information provided
by its Users to third parties who match the information with investment
advisory services, credit counseling services, debt consolidation services,
or a combination of such services (as applicable, .Service Advisors.). By
submitting your information you agree to provide complete and accurate
contact information, and that representatives of such Service Advisors
may contact you to discuss their services, even if you are listed on
any .Do-Not-Call. registry.
sole business is to deliver information provided by the User to participating
Service Advisors. MoneyManager.com is not your agent or the agent of
any participating Service Advisors. You acknowledge that MoneyManager.com
does not recommend or endorse the services/products of any Service Advisors.
not charge you a fee to use the MoneyManager.com Services. MoneyManager.com
is paid a referral fee by the participating Service Advisors. Your use
of this Site constitutes your agreement with this form of compensation.
MoneyManager.com assumes no responsibility for any result or consequence
related directly or indirectly to any action or inaction that you take
based on the information, services or other material on this Site. While
MoneyManager.com tries to ensure that the content on MoneyManager.com
is complete, up-to-date, readily available and clearly explained, MoneyManager.com,
LLC cannot guarantee that the Site will always be operating or that
its content will always be accurate. MoneyManager.com, LLC will not
be responsible for any loss or damage related to the accuracy, correctness
or completeness of the information.
You agree that all of
the information you will provide via any of the MoneyManager.com requested
forms will be true, accurate and complete and will not misappropriate
another's identity or misrepresent your relationship with any person
or entity. By submitting your contact request on MoneyManager.com, you
are consenting to be contacted by one or more Service Advisors either
by telephone, email or mail based on the information you have provided
to us, regardless of whether you have listed yourself on any private,
state or federal .Do-Not-Call. list. You also understand that the
Service Advisors may retain your request and/or contact information
whether you elect to use their services or not. In the event you no
longer want to receive communications from any Service Advisors, you
acknowledge you must notify the particular Service Advisors directly.
You also give MoneyManager.com permission to send you periodic updates
of products which may be of interest to you.
The Service Advisors
are solely responsible for their services to you. You agree that MoneyManager.com
shall not be liable for any damages or costs of any type arising out
of or in any way connected with your use of the Site, the MoneyManger.com
Services, or the services offered by the participating Service Advisors.
MoneyManager.com reserves the right to at any time, at its sole discretion,
to discontinue, suspend or terminate the participation of any Service
COPYRIGHT AND TRADEMARK
All contents of this
Web site are owned by MoneyManager.com, LLC. Copyright © 2008
MoneyManager.com, LLC, 5201 Kingston Pike, Suite 6325, Knoxville, TN
37919, U.S.A. All rights reserved. Other product and company names mentioned
herein, including the names of participating Service Advisors, may be
the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
All content on MoneyManager.com
is intended to be accurate and reliable. However, MoneyManager.com cannot
grantee the accuracy of any content provided on the site. The MONEYMANAGER.COM
SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED
WITH IT ARE PROVIDED "AS IS, WHERE IS AND WITH ALL FAULTS." MONEYMANAGER.COM,
LLC DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE OR THE MONEYMANAGER.COM
SERVICES IS AT YOUR OWN RISK. MONEYMANAGER.COM,
LLC, ITS SUPPLIERS AND/OR THIRD PARTIES WITH WHOM IT WORKS ARE NOT LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS WEB SITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY
TO USE MONEYMANAGER.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART,
FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF MONEYMANAGER.COM,
LLC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WE HAVE NO DUTY TO UPDATE
THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE
USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE
PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY
OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE
OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY
OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION
INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET
INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED
BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN
CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL
CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE
DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN
ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT
ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY
ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
As a condition of use
of MoneyManager.com, you agree to indemnify MoneyManager.com, LLC and
its owners, officers, employees, advisors, affiliates and suppliers
from and against any and all liabilities, expenses (including attorneys'
fees) and damages arising out of claims resulting from your use of this
Web site, including without limitation any claims alleging facts that
if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
contain links to Web sites maintained by third parties. Such links are
provided for your convenience and reference only. MoneyManager.com does
not operate or control in any respect any information, software, products
or services available on such Web sites. The inclusion on the Site of
any link to a Web site does not imply any endorsement of the services
or the site, its contents, or its sponsoring organization by MoneyManager.com,
ERRORS AND DELAYS
MoneyManager.com is not
responsible for any errors or delays in responding to a qualification
form or referral form for any reason whatsoever, including but not limited
to, delays caused by an incorrect e-mail address provided by you or
other technical problems beyond our reasonable control.
THIS AGREEMENT PROVIDES
THAT ALL DISPUTES BETWEEN YOU AND MONEYMANAGER.COM,
LLC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS
GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU
ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR
RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE
Any claim or controversy
arising out of or relating to the use of the MoneyManager.com Services,
to the goods or services provided by MoneyManager.com, or to any acts
or omissions for which you may contend MoneyManager.com is liable, including
but not limited to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by arbitration. The arbitration
shall be held before one arbitrator under the commercial arbitration
rules of the American Arbitration Association ("AAA") in force
at that time. The venue for any such arbitration shall be in Knoxville,
Tennessee. The arbitrator shall be selected pursuant to the AAA rules.
Should no AAA rule regarding the selection of an arbitrator be in effect,
the consumer shall select an arbitrator from a panel of arbitrators
acceptable to MoneyManager.com. All costs associated with arbitration
will be paid by the initiating party. To begin the arbitration process,
a party must make a written demand therefore.
Any judgment upon the
award rendered by the arbitrators may be entered in any court of competent
jurisdiction in Knoxville, Tennessee. The arbitrators shall not have
the power to award damages in connection with any Dispute in excess
of actual compensatory damages and shall not multiply actual damages
or award consequential, punitive or exemplary damages, and each party
irrevocably waives any claim thereto. The agreement to arbitrate shall
not be construed as an agreement to the joinder or consolidation of
arbitration under this agreement with arbitration of disputes or claims
of any non-party, regardless of the nature of the issues or disputes
Should a Dispute arise
and should the arbitration provisions herein become inapplicable or
unenforceable, or in any instance of any lawsuit between you and MoneyManager.com,
the parties agree that jurisdiction over and venue of any suit shall
be exclusively in the state and federal courts sitting in Knoxville,
Tennessee. If either party employs attorneys to enforce any right in
connection with any Dispute or lawsuit the prevailing party shall be
entitled to recover reasonable attorneys' fees.
By using the MoneyManager.com
Services you consent to these restrictions.
This Agreement constitutes
the entire agreement between you and MoneyManager.com, LLC and it supersedes
all prior or contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and MoneyManager.com,
LLC with respect to the MoneyManager.com Services. This Agreement shall
be subject to and construed in accordance with the laws of the State
of Tennessee. If any part of this Agreement is determined to be invalid
or unenforceable, then the invalid or unenforceable provision will be
deemed superseded by a valid enforceable provision that most closely
matches the intent of the original provision and the remainder of the
Agreement shall continue in effect. A printed version of this Agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN
A COPY OF THIS AGREEMENT FOR YOUR RECORDS.