Terms of Use
Last
updated: March 31, 2018
By
accessing or using our Services, you agree to be bound by the terms and conditions
of these Terms of Use (this "Agreement") and our Privacy Policy (the
"Privacy Policy"). The terms "we," "us," or
"our" mean MyMoneyRoadmap and its legal subsidiaries and affiliates.
The term "Services," means, collectively, various websites,
applications, widgets, email notifications and other mediums, or portions of
such mediums, through which you have accessed this Agreement.
This
Agreement contains an agreement to arbitrate all claims and disclaimers of
warranties and liability.
Your
Compliance with this Agreement
You
acknowledge that this Agreement is supported by reasonable and valuable consideration,
the receipt and adequacy of which is hereby acknowledged. Without limiting the
foregoing, you acknowledge that such consideration includes, without
limitation, your ability to visit, use and/or submit information to our
Services.
You
represent that you have the capacity to be bound by this Agreement, or if you
are acting on behalf of a company or other entity, you have the authority to
bind such company or entity. In order to determine your compliance with this
Agreement, we may monitor your access and use of our Services in accordance
with our Privacy Policy.
Our
Services are Not Intended for Minors
Our Services are intended to be accessed and used only by adults and are not
directed to minors. As stated in our Privacy Policy, we do not knowingly
collect personally identifiable information by anyone under the age of 13 and
you should not provide us with any information regarding any individual under
the age of 13.
Your
Access and Use of our Services
Your right to access and use our Services is personal to you and is not
transferable by you to any other person or entity. You are only entitled to
access and use our Services for lawful purposes and pursuant to the terms and
conditions of this Agreement and the Privacy Policy.
Your
access and use of our Services may be interrupted from time to time for any of
several reasons, including, without limitation, the malfunction of equipment,
periodic updating, maintenance or repair of our Services or other actions that
we, in our sole discretion, may elect to take. We reserve the right to suspend
or discontinue the availability of our Services and/or any portion or feature
of our Services at any time in our sole discretion and without prior notice.
Any
action by you that, in our sole discretion: (i) violates the terms and
conditions of this Agreement and/or the Privacy Policy;
(ii) restricts, inhibits or prevents any access, use or enjoyment of our
Services; or (iii) through the use of our Services, defames, abuses, harasses,
offends or threatens, shall not be permitted, and may result in your loss of
the right to access and use our Services. You shall not modify, scrape, embed,
or frame our Services without our prior written permission.
Your
Access and Use of our Services
Subject to the terms of this Agreement and the Privacy Policy,
we may offer you various Services. Below are terms and conditions governing
these Services.
You
Must Maintain the Integrity of Your Information. To use certain Services, you may be required to provide us
with information about you, which may be of a confidential nature and may
include personal identifying information, medical and health history
information, and/or financial information ("Your Information"). If
you provide Your Information to us then you agree to provide true, current,
complete and accurate information, and not to misrepresent your identity. You
also agree to keep Your Information current and to update Your Information if
any of Your Information changes. Our collection, use and disclosure of Your
Information is governed by this Agreement and our Privacy Policy.
You
Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use
certain portions of our Services, then it is your sole responsibility to
maintain the security of that password. You agree that we shall not be liable
for any loss that you may suffer as a result of the authorized or unauthorized
use of your password by a third party. You shall not allow any person under the
age of 18 to use any Service via your registration or password.
You
Must Notify Us of a Breach. You agree to immediately notify us of any
unauthorized use of your password, any unauthorized use of any account that you
may have with us, any violation of this Agreement, or any other breach of
security known to you in connection with any product or service available on
our Services by sending an email to: service@mymoneyroadmap.com.
You
Are Responsible for Your Financial Decisions. We
and our affiliates, through the Services, may provide a venue through which you
can obtain information and you can find third-party service providers
("Service Providers"). We do not endorse or recommend the products or
services of any Service Provider, and are not an agent or advisor to you or any
Service Provider. We do not validate or investigate the licensing,
certification or other requirements and qualifications of Service Providers. It
is your responsibility to investigate Service Providers. You acknowledge and
agree that Service Providers are solely responsible for any services that they
may provide to you and that we are not liable for any losses, costs, damages or
claims in connection with, arising from, or related to, your use of a Service
Provider's products or services. We urge you to obtain the advice of financial
advisors, insurance agents, brokers or other qualified professionals who are
fully aware of your individual circumstances before you make any financial or
insurance decisions. You acknowledge and agree that you rely on your own
judgment and that of such advisors in selecting any products or services
offered by Service Providers. You Acknowledge and Agree that We are Not a
Service Provider. We are not a financial institution, insurance provider or
other Service Provider. We do not, and will not, make any coverage or credit
decision with any Service Provider referred to you. We do not issue mortgages,
credit cards, insurance coverage or any other financial products.
You
Do Not Pay Fees to Us. Unless
you are a Service Provider or order a specific service through our Services, we
do not charge you a fee to use our Services. Service Providers pay us fees
for services, however. We are not
involved with and are not responsible for any fee arrangement that you may
enter into with any Service Provider. You acknowledge and agree to this
compensation arrangement. You hereby release us of any and all losses, costs,
damages or claims in connection with, arising from or related to your use of a
Service Provider's products or services, including any fees charged by a
Service Provider.
Fees
and Payments
Access and use of our Services is free. At any time, we may choose to charge
fees for various premium features and services, and we will notify you of those
charges at the time that we offer features and services for a fee. We may, in
our sole discretion, and by notifying you on our Services, change this policy
and begin charging for access to our Services and other features and services,
and we may, in our sole discretion, add, remove or change the features and
services we offer or the fees (including the amount and type of fees) we charge
at any time. If we introduce a new service or charge a new fee, we will
establish and notify you of the fees for that service at the launch of the
service or start of charging a new fee. If we notify you of new fees or changes
to fees for an existing service, then you agree to pay all fees and charges
specified and all applicable taxes for your continued use of the applicable
service.
Public
Forums
Our Services may act as a venue, through blogs, messaging, chat rooms, bulletin
boards and other forums (collectively, the "Forums"), allowing the
users to contribute information and make statements ("User Generated
Content"). Neither we nor our partners are involved in the actual
transmission of User Generated Content provided for in the Forums. As a result,
neither we nor our partners approve or endorse any User Generated Content in
the Forums, and you hereby acknowledge and agree that neither we nor our
advertisers have control over the User Generated Content submission's quality,
correctness, timeliness, safety, truth, accuracy or legality by you or any
other person or entity in the Forums. You may find User Generated Content
posted in the Forums by other users to be offensive, harmful, inaccurate or
deceptive. Please use caution and common sense, and do not rely solely on User
Generated Content published in the Forums. It is neither our nor our partners'
responsibility to ensure all posts and questions submitted on the Forums are
answered. Without limiting the generality of the foregoing, and although we do
not regularly review User Generated Content provided for in the Forums, we
reserve the right (but not the obligation) to remove or edit any User Generated
Content in the Forums, for any reason or no reason, in our sole discretion.
Immediately
report problems with the Forums to us at service@mymoneyroadmap.com.
Transmissions,
Submissions and Postings to our Services
If you transmit, submit or post information to our Services that is not
Federally trademarked and/or copyrighted, you automatically grant us and our
assigns the worldwide, fully-paid, royalty-free, exclusive right and license to
use, copy, format, adapt, publish and/or incorporate any or all such
information in any media whatsoever, including, without limitation, the Content
(as defined below). Provided that you have obtained prior written permission
from us to transmit, submit or post information to our Services that is
Federally trademarked and/or copyrighted, you automatically grant us and our
assigns the worldwide, fully-paid, royalty-free right to use, copy, format,
adapt, publish and/or incorporate any or all such information in any media
whatsoever, including, without limitation, the Content.
You
shall not transmit, submit or post the following to our Services:
·
Information that infringes our or any third party's copyright,
patent, trademark, trade secret or other proprietary rights;
·
Information that violates any law, statute, ordinance or
regulation;
·
Information that is trade libelous, unlawfully threatening,
unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise
injurious to us or third parties or that infringes on our or any third party's
rights of publicity or privacy;
·
Information that contains any viruses, worms, Trojan horses,
trap doors, back doors, easter eggs, time bombs, cancelbots or other code or
computer programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
·
Information containing or constituting chain letters, mass
mailings, political campaigning, or any form of "spam";
·
Information that is false, inaccurate or misleading;
·
Commercial advertisements or solicitations without our written
permission; or
·
Federally trademarked and/or copyrighted information without our
prior written permission.
Although
we do not regularly review your transmissions, submissions or postings, we
reserve the right (but not the obligation) to edit, refuse to post or remove
your transmissions, submissions or postings. Pursuant to the Privacy Policy, we
may review transmissions, submissions or postings made by you to determine, in
our sole discretion, your compliance with this Agreement.
You
are solely responsible for all your transmissions, submissions or postings
(i.e., your own User Generated Content) and the consequences of transmitting,
submitting or posting them.
Our
Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service
names are our trademarks or trade dress in the United States and/or other
countries (collectively, the "Proprietary Marks"). You may not use
the Proprietary Marks without our prior written permission. We make no
proprietary claim to any third-party names, trademarks or service marks
appearing on our Services. Any third-party names, trademarks, and service marks
are property of their respective owners.
The information, analytical information, data, software and
content viewable on, contained in, or downloadable from our Services
(collectively, the "Content"), including, without limitation, all
text, graphics, charts, pictures, photographs, images, videos, line art, icons
and renditions, are copyrighted by, or otherwise licensed to, us or our Content
suppliers. We also own a copyright of a collective work in the selection,
coordination, arrangement, presentation, display and enhancement of the Content
(the "Collective Work"). All software used on or within our Services
(the "Software") is our property or the property of our software
vendors and is protected by United States and international copyright laws.
Viewing, reading, printing, downloading or otherwise using the Content and/or
the Collective Work does not entitle you to any ownership or intellectual
property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your
infringement of our or any third-party's intellectual property rights regarding
the Trademarks, the Content, the Collective Work, the Software and/or any other
harm incurred by us or our affiliates as a, direct or indirect, result of your
copying, distributing, redistributing, transmitting, publishing or using the
same for purposes that are contrary to the terms and conditions of this
Agreement.
Your
Use of the Content
We grant you a limited license to access, print, download or otherwise make
personal use of the Content and the Collective Work in the form of: (i) one
machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your
non-commercial use; provided, however, that you shall not delete any
proprietary notices or materials with regard to the foregoing manifestations of
the Content and the Collective Work. You may not modify the Content or the
Collective Work or utilize them for any commercial purpose or any other public
display, performance, sale, or rental, decompile, reverse engineer, or
disassemble the Content and the Collective Work, or transfer the Content or the
Collective Work to another person or entity.
Except
as otherwise permitted under the copyright laws of the United States, no other
copying, distribution, redistribution, transmission, publication or use, other
than the non-commercial use of the Content and the Collective Work as permitted
by this Agreement, is permitted by you without our prior written permission.
You
may not use any meta tags or any other "hidden text" utilizing our
name or trademarks without our prior written permission.
Access
and Interference
You agree that you will not use any robot, spider, scraper, deep link or other
similar automated data gathering or extraction tools, program, algorithm or
methodology to access, acquire, copy or monitor our Services or any portion of
our Services or for any other purpose, without our prior written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any content (except for your
personal information) from our Services without our prior written permission
and the appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of our Services or any activities conducted
on our Services; or (iv) bypass any robot exclusion headers or other measures
we may use to prevent or restrict access to our Services. Notwithstanding the
foregoing, we grant the operators of public search engines permission to use
spiders to copy materials from our Services for the sole purpose and solely to
the extent necessary for creating publicly available search indices of the
materials on our Services, but not caches or archives of such materials. We
reserve the right to revoke these exceptions either generally or in specific
cases. Except as expressly permitted in this Agreement, you shall not collect
or harvest any personally identifiable information, including account names,
from our Services. You shall not use any communication systems provided on our
Services (such as Forums or email) for any commercial or solicitation purposes.
You shall not solicit for commercial purposes any users of our Services without
our prior written permission.
Electronic
Communications
When you visit our Services or send email to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
Although we may choose to communicate with you by regular mail, we may also
choose to communicate with you by email or by posting notices on our Services.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
Your
Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer
hardware, Internet access services and other equipment or services needed to
access and use our Services, and all costs and fees associated with Internet
access or long distance charges incurred with regard to your access and use of
our Services.
Third
Party Links or Access
There may be provided on our Services links or access to other websites or mediums
belonging to our advertisers, business partners, affiliates, Service Providers
and other third parties. Such links and access do not constitute our
endorsement of those third parties, nor the products or services of those third
parties. We are not responsible for the activities or policies of those third
parties. We do not guarantee that the terms or rates offered by any particular
advertiser, business partner, affiliate, Service Provider or other third party
on or through our Services are the best terms or lowest rates available in the
market.
Mobile
Devices
If we provide aspects of our Services via an application for your mobile or
other device, please be aware that your carrier's normal rates and fees may
apply and that the terms of this Agreement and other agreements within the
application apply to your use of such application.
Copyright
Infringement
It is our policy to comply with the Digital Millennium Copyright Act, title 17,
United States Code, Section 512, including, without limitation, responding to
notices of alleged copyright infringement, and other applicable intellectual
property laws. We shall, in appropriate circumstances, disable and/or terminate
the accounts of users who may infringe or repeatedly infringe the copyrights or
other intellectual property rights of ours and/or others.
Notifications
(each a "Notification") of claimed copyright infringement should be
sent by either express mail or U.S. mail to our designated agent. Our
designated agent contact information is set forth below.
We Make
No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE
PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE
THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR
ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE
DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS,
MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT
OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR
COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT
THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION
FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS,
TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS
PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT
LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL
INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE
PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN
YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND
ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE
PROVIDERS.
The
Content is intended only to assist you with financial decisions and is broad in
scope and does not consider your personal financial situation. Your personal
financial situation is unique and the information and advice may not be
appropriate for your situation. Accordingly, before making any final decisions
or implementing any financial strategy, we recommend that you obtain additional
information and advice of your financial advisors who are
fully aware of your individual circumstances.
Our
Services are controlled and offered by us from our facilities in the United
States of America. We make no representations that our Services are appropriate
or available for use in other jurisdictions. If you access or use our Services
from other jurisdictions, then you do so by your own volition and are solely
responsible for compliance with local law.
Limitations
on Our Liability
WE
SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR
ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY
LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I)
YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II)
YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY
TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF
THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE
OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF
THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR
LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT
OF THIS AGREEMENT SHALL NOT EXCEED $10.
YOU
SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT
OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT
THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY
CONDUCT RESTS ENTIRELY WITH YOU.
YOU
AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain
state laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the
above disclaimers, exclusions or limitations may not apply to you.
In
the event that any limitation on the period of time for bringing an action,
claim, dispute or proceeding against us, located in this "Limitations on
Our Liability" section, is determined or held to be inapplicable or
unenforceable by any court, arbitration panel or other tribunal, then the
statute of limitations for the State of Illinois, including but not limited to
Illinois statutes, shall apply to any such action, claim, dispute or proceeding
referred to final or binding arbitration.
Your
Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors,
shareholders, employees, independent contractors, agents, representatives and
affiliates from and against all claims and expenses, including, but not limited
to, attorneys' fees, arising out of, or attributable to: (i) any breach or
violation of this Agreement by you; (ii) your failure to provide accurate,
complete and current personally identifiable information requested or required
by us; (iii) your access or use of our Services; (iv) access or use of our
Services under any password that may be issued to you; (v) your transmissions,
submissions or postings (i.e., your own User Generated Content); and/or (vi)
any personal injury or property damage caused by you.
Amendments
of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time
in our sole discretion and without notice. Updates to this Agreement will be
posted here. Amendments will take effect immediately upon us posting the
updated Agreement on our Services. You are encouraged to revisit this Agreement
from time to time in order to review any changes that have been made. The date
on which this Agreement was last updated will be noted immediately above this
Agreement. Your continued access and use of our Services following the posting
of any such changes shall automatically be deemed your acceptance of all
changes.
Our
Remedies
You acknowledge that we may be irreparably damaged if this Agreement is not
specifically enforced, and damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened breach of any provision of
this Agreement by you, we shall be entitled, in addition to all rights and
remedies, to an injunction restraining such breach or threatened breach,
without being required to show any actual damage or to post an injunction bond,
and/or to a decree for specific performance of the provisions of this
Agreement. For purposes of this Section, you agree that any action or
proceeding with regard to such injunction restraining such breach or threatened
breach shall be brought in the courts of record of Chicago, Illinois. You
consent to the jurisdiction of such court and waive any objection to the laying
of venue of any such action or proceeding in such court. You agree that service
of any court paper may be effected on such party by mail or in such other
manner as may be provided under applicable laws, rules of procedure or local
rules.
Legal
Disputes
You and we agree that any claim or dispute at law or equity that has arisen or
may arise between us relating in any way to or arising out of this or previous
versions of this Agreement, your use of or access to the Services will be
resolved in accordance with the provisions set forth in this Legal Disputes
section. Please read this section carefully. It affects your rights and will
have a substantial impact on how claims you and we have against each other are
resolved.
A. Applicable Law
You agree that the laws of the State of Illinois, without regard to principles
of conflict of laws, will govern this Agreement and any claim or dispute that
has arisen or may arise between you and us, except as otherwise stated in this
Agreement.
B. Agreement to Arbitrate
You and we each agree that any and all disputes or claims that have arisen or
may arise between you and us relating in any way to or arising out of this or
previous versions of this Agreement, your use of or access to our Services, or
any products or services sold, offered, or purchased through our Services shall
be resolved exclusively through final and binding arbitration, rather than in
court, except that you may assert claims in small claims court, if your claims
qualify. The Federal Arbitration Act governs the interpretation and enforcement
of this Agreement to Arbitrate section (this "Agreement to
Arbitrate").
1. Prohibition of Class and
Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S
CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED
CANNOT AFFECT OUR OTHER USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury
in arbitration, and court review of an arbitration award is very limited.
However, an arbitrator can award the same damages and relief on an individual
basis that a court can award to an individual. An arbitrator should apply the
terms of this Agreement as a court would. The arbitrator, and not any federal,
state, or local court or agency, shall have exclusive authority to resolve any
dispute arising out of or relating to the interpretation, applicability,
enforceability or formation of this Agreement to Arbitrate, any part of it, or
of this Agreement including, but not limited to, any claim that all or any part
of the Agreement to Arbitrate or this Agreement is void or voidable. The
arbitration will be conducted by the American Arbitration Association
("AAA") under its rules and procedures, including the AAA's
Supplementary Procedures for Consumer-Related Disputes (as applicable), as
modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.
A form for initiating arbitration proceedings is available on the AAA's site at
http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another
mutually agreed location. If the value of the relief sought is $10,000 or less,
you or we may elect to have the arbitration conducted by telephone or based
solely on written submissions, which election shall be binding on you and us
subject to the arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. Attendance at an in-person hearing may be made by
telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the
laws of the State of Illinois, including recognized principles of equity, and
will honor all claims of privilege recognized by law. The arbitrator shall not
be bound by rulings in prior arbitrations involving our other users, but is
bound by rulings in prior arbitrations involving the same user to the extent
required by applicable law. The arbitrator's award shall be final and binding
and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by
the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the
value of the relief sought is $10,000 or less, at your request, we will pay all
filing, administration, and arbitrator fees associated with the arbitration.
Any request for payment of fees by us should be submitted by mail to the AAA
along with your Demand for Arbitration and we will make arrangements to pay all
necessary fees directly to the AAA. If the value of the relief sought is more
than $10,000 and you are able to demonstrate that the costs of arbitration will
be prohibitive as compared to the costs of litigation, we will pay as much of
the filing, administration, and arbitrator fees as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. In the event
the arbitrator determines the claim(s) you assert in the arbitration to be
frivolous, you agree to reimburse us for all fees associated with the
arbitration paid by us on your behalf, which you otherwise would be obligated
to pay under the AAA's rules.
4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to
Arbitrate ("Prohibition of Class and Representative Actions and
Non-Individualized Relief"), if an arbitrator or court decides that any
part of this Agreement to Arbitrate is invalid or unenforceable, the other
parts of this Agreement to Arbitrate shall still apply. If an arbitrator or
court decides that any of the provisions in Section 1 of this Agreement to
Arbitrate ("Prohibition of Class and Representative Actions and
Non-Individualized Relief") is invalid or unenforceable, then the entirety
of this Agreement to Arbitrate shall be null and void. The remainder of the
Agreement and its Legal Disputes Section will continue to apply.
5. Future Changes to the
Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we
agree that if we make any change to this Agreement to Arbitrate (other than a
change to any notice address or site link provided herein) in the future, that
change shall not apply to any claim that was filed in a legal proceeding
against us prior to the effective date of the change. The change shall apply to
all other disputes or claims governed by the Agreement to Arbitrate that have
arisen or may arise between you and us. We will notify you of changes to this
Agreement to Arbitrate by posting the amended terms on our Services at least 30
days before the effective date of the changes and/or by email.
C. Judicial Forum for Legal
Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate
above is found not to apply to you or to a particular claim or dispute as a
result of a decision by the arbitrator or a court order, you agree that any
claim or dispute that has arisen or may arise between you and us must be
resolved exclusively by a state or federal court located in Chicago, Illinois.
You and us agree to submit to the personal jurisdiction of the courts located
within Chicago, Illinois for the purpose of litigating all such claims or
disputes. You also agree that: (i) our Services shall be deemed solely based in
the State of Illinois; and (ii) our Services shall be deemed passive Services
that do not give rise to personal jurisdiction over us and our assigns, either
specific or general, in jurisdictions other than the State of Illinois.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by
any arbitrator or court of competent jurisdiction, this Agreement as a whole
shall not be deemed unlawful, void or unenforceable, but only that portion of
this Agreement that is unlawful, void or unenforceable shall be stricken from
this Agreement.
The
headings contained in this Agreement are for convenience of reference only, are
not to be considered a part of this Agreement, and shall not limit or otherwise
affect in any way the meaning or interpretation of this Agreement.
All
covenants, agreements, representations and warranties made in this Agreement,
as may be amended by us, from time to time, shall survive your acceptance of
this Agreement and the termination of this Agreement.
This
Agreement and the Privacy Policy represent the
entire understanding and agreement between you and us regarding the subject
matter of the same, and supersede all other previous agreements, understandings
and/or representations regarding the same.
If
you have questions, comments, concerns or feedback regarding this Agreement or
our Services, please contact us at service@mymoneyroadmap.com.