MoneyManager.com Terms
of Service
MoneyManager.com,
LLC
5201 Kingston Pike, Suite 6325
Knoxville, TN 37919
E-mail: info@moneymanager.com
TERMS OF SERVICE AGREEMENT 04/01/08
MoneyManager.com, LLC
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
.MoneyManager.com Service) are subject to these Terms of Use. This
is a legal agreement 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 subsidiaries,
affiliates, sister and parent companies, if any. By using the Site,
you signify that you have read, understand and agree to be bound by
the Terms of Use. If
you do not agree to these 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 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.
ELIGIBILITY
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.
SECURITY POLICY
Although MoneyManager.com 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
MoneyManager.com, LLC is not a financial
or investment advisor, financial planner or debt consolidation service. MoneyManager.com matches investors looking for
help with financial, education or
retirement planning services, investment advisory services, planning
and investment services, those seeking advice for short-term financial
planning projects, or a combination of the above. MoneyManager.com also
matches those looking for credit counseling or debt consolidation services.
In order to provide the above listed services, MoneyManager.com will
transmit your request either
directly or through third-parties to
financial advisors or services that meet your need. Those who may receive
your information and contact you in response to your request, include:
- Individual
Financial Advisors: Your information may be sent to individual advisors
that fit your needs and that have a direct relationship with MoneyManager.com.
- Authorized
Service Providers: Your information may be sent to our authorized
service providers that perform certain services on our behalf in connection
with your request to be matched with a financial advisor.
By submitting your information you agree
that the above listed parties may contact you to discuss their services
and that you will provide accurate contact information for them to do
so.
MoneyManager.com simply provides an administrative
service to you and to participating financial advisors, investment advisors
and debt consolidation companies. MoneyManager.com is not an agent of
either you or the participating financial advisors, investment advisors
or. You acknowledge that MoneyManager.com does not recommend or endorse
the services/products of any particular company.
MoneyManager.com does not charge you a fee to use the MoneyManager.com
Service. MoneyManager.com is paid a referral fee by the participating
companies. 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 up 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 request 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 advisors or service
providers 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 advisors or service providers 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 an advisor
or service provider, you acknowledge you must notify the advisor or
service provider directly. You also give MoneyManager.com permission
to send you periodic updates of products, advisors or service providers
which may be of interest to you.
The advisors or service providers 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, Services, or the services offered by the
participating advisors or service providers. MoneyManager.com reserves
the right to at any time, at its sole discretion, to discontinue, suspend
or terminate the participation of any advisor or service provider.
COPYRIGHT AND TRADEMARK
NOTICES
All contents of this Web site are: 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 Lenders, may be the trademarks of their respective
owners.
DISCLAIMERS AND LIMITATIONS
OF LIABILITY
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 SERVICE AND
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT
ARE PROVIDED "AS IS." MONEYMANAGER.COM,
LLC AND/OR ITS SUPPLIERS
DISCLAIM 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 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 TERMS HEREOF.
ELECTRONIC COMMUNICATIONS 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.
INDEMNITY
As a condition of use
of MoneyManager.com, you agree to indemnify MoneyManager.com, LLC and
its 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
MoneyManager.com may 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, LLC.
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.
DISPUTE RESOLUTION
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
OR JURY.
Any claim or controversy
arising out of or relating to the use of the MoneyManager.com Service,
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 arbitration shall be venued 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
involved.
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
Service you consent to these restrictions.
OTHER TERMS
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 Service. 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.
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