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Please
carefully read this Agreement of Terms of Use ("Agreement"). By
accessing this Web site and any pages hereof, you agree to be bound
by the terms and conditions as stated below. This Agreement contains
all claims and disclaimers of warranties and liability. If you do
not agree with the terms and conditions of this Agreement and Money
Consultants, Inc.’s Privacy Policy located at
www.moneyconsultants.com and on www.moneyconsultants.info ("Privacy
Policy"), do not access or use www.moneyconsultants.com or
www.moneyconsultants.info.
This
Agreement sets forth the terms and conditions that apply to your
access and use of the Internet Web sites owned and operated by Money
Consultants, Inc., a Florida corporation ("Money Consultants, Inc.")
and its affiliates, including, but not limited, to the Web sites
located at URL www.moneyconsultants.com and/or
www.moneyconsultants.info ("www.moneyconsultants.com and/or
www.moneyconsultants.info"). By visiting, using and/or submitting
information to www.moneyconsultants.com and/or
www.moneyconsultants.info, you agree to be bound by the terms and
conditions of this Agreement and Money Consultants, Inc.’s Privacy
Policy, including any changes or revisions to this Agreement, and
Money Consultants, Inc.’s Privacy Policy, which Money Consultants,
Inc., in its sole discretion, may make in the future.
Your Compliance with this
Agreement
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, Money Consultants,
Inc. may monitor your access and use of www.moneyconsultants.com
and/or www.moneyconsultants.info in accordance with Money
Consultants, Inc.’s Privacy Policy.
Your Access and Use of
www.moneyconsultants.com and/or www.moneyconsultants.info
Your
right to access and use www.moneyconsultants.com and/or
www.moneyconsultants.info is personal to you and is not transferable
by you to any other person or entity. You are only entitled to
access and use www.moneyconsultants.com and/or
www.moneyconsultants.info for lawful purposes and pursuant to the
terms and conditions of this Agreement and Money Consultants, Inc.’s
Privacy Policy.
Your
access and use of www.moneyconsultants.com and/or
www.moneyconsultants.info 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 www.moneyconsultants.com and/or www.moneyconsultants.info or
other actions that Money Consultants, Inc., in its sole discretion,
may elect to take. Money Consultants, Inc. reserves the right to
suspend or discontinue the availability of www.moneyconsultants.com
and/or www.moneyconsultants.info and/or any portion or feature of
www.moneyconsultants.com and/or www.moneyconsultants.info at any
time in its sole discretion and without prior notice.
Any
action by you that, in Money Consultants, Inc.’s sole discretion:
(i) violates the terms and conditions of this Agreement and/or Money
Consultants, Inc.’s Privacy Policy; (ii) restricts, inhibits or
prevents any access, use or enjoyment of www.moneyconsultants.com
and/or www.moneyconsultants.info; or (iii) through the use of
www.moneyconsultants.com and/or www.moneyconsultants.info, defames,
abuses, harasses, offends or threatens, will not be permitted, and
may result in your loss of the right to access and use
www.moneyconsultants.com and/or www.moneyconsultants.info. You will
not META tag, provide links to, or frame www.moneyconsultants.com
and/or www.moneyconsultants.info without the prior express written
permission of Money Consultants, Inc.
Public
Forums
www.moneyconsultants.com
and/or www.moneyconsultants.info may act as a venue, through its
chat rooms, bulletin boards and other forums (collectively, the
"Forums"), allowing the public to contribute information and make
statements. Money Consultants, Inc. is not involved in the actual
transmission of information and statements provided for in the
Forums. As a result, Money Consultants, Inc. does not approve or
endorse any information or statements in the Forums, and you hereby
acknowledge and agree that Money Consultants, Inc. has no control
over the quality, correctness, timeliness, safety, truth, accuracy
or legality of any information provided for by you or any other
person or entity in the Forums. You may find information 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 information or statements published in the Forums. Without
limiting the generality of the foregoing, and although Money
Consultants, Inc. does not regularly review information provided for
in the Forums, Money Consultants, Inc. reserves the right, but not
the obligation, to remove or edit any information in the
Forums.
Immediately
report problems with the Forums to Money Consultants, Inc. at
info@moneyconsultants.com.
Transmissions,
Submissions and Postings to www.moneyconsultants.com and/or
www.moneyconsultants.info
If
you transmit, submit or post information to www.moneyconsultants.com
and/or www.moneyconsultants.info that is not federally trademarked
and/or copyrighted, you automatically grant Money Consultants, Inc.
and its affiliates 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 Money Consultants, Inc. to transmit, submit or post information
to www.moneyconsultants.com and/or www.moneyconsultants.info that is
federally trademarked and/or copyrighted, you automatically grant
Money Consultants, Inc. and its affiliates 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
www.moneyconsultants.com and/or
www.moneyconsultants.info:
(1)
Information that infringes Money Consultants, Inc.’s or any
third party's copyright, patent, trademark, trade secret or other
proprietary rights;
(2)
Information that violates any law, statute, ordinance or
regulation;
(3)
Information that is trade-libelous, unlawfully threatening,
unlawfully harassing, defamatory, obscene, explicit or vulgar, or
otherwise injurious to Money Consultants, Inc. or third parties or
that infringes on Money Consultants, Inc.’s or any third party's
rights of publicity or privacy;
(4)
Information that contains any viruses,
worms, Trojan horses, trap doors, back doors, easter eggs, time
bombs, cancel bots 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;
(5)
Information containing or constituting chain letters, mass
mailings, political campaigning, or any form of "spam";
(6)
Information that is false, inaccurate or misleading;
(7)
Commercial advertisements or solicitations without written
permission from Money Consultants, Inc.; or
(8)
Federally trademarked and/or copyrighted information without
written permission from Money Consultants, Inc..
Although
Money Consultants, Inc. does not regularly review your
transmissions, submissions or postings, Money Consultants, Inc.
reserves the right (but not the obligation) to edit, refuse to post
or remove your transmissions, submissions or postings. Pursuant to
Money Consultants, Inc.’s Privacy Policy, Money Consultants, Inc.
may review transmissions, submissions or postings made by you to
determine, in its sole discretion, your compliance with this
Agreement.
Money Consultants, Inc.’s
Intellectual Property Rights
The
names "Money Consultants, Inc.", "moneyconsultants.com", and
"moneyconsultants.com and design", and Money Consultants, Inc.’s
graphics, logos, page headers, button icons, scripts and service
names are trademarks or trade dress of Money Consultants, Inc. or
its subsidiaries, in the United States and/or other countries
(collectively, the "Proprietary Marks"). You may not use the
Proprietary Marks without the prior express written permission of
Money Consultants, Inc., which permission may be withheld in Money
Consultants, Inc.’s sole discretion. Money Consultants, Inc. makes
no proprietary claim to any third-party names, trademarks or service
marks appearing on www.moneyconsultants.com and/or
www.moneyconsultants.info. Any third-party names, trademarks, and
service marks are property of their respective owners.
The
information, advice, data, software and content viewable on,
contained in, or downloadable from, www.moneyconsultants.com and/or
www.moneyconsultants.info (collectively, the "Content"), including,
without limitation, all text, graphics, charts, pictures,
photographs, ../images, line art, icons, renditions and floor plans,
are copyrighted by, or otherwise licensed to, Money Consultants,
Inc. or its Content suppliers. Money Consultants, Inc. also owns 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
www.moneyconsultants.com and/or www.moneyconsultants.info (the
"Software") is the property of Money Consultants, Inc. or its
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
shall be solely responsible for any damage resulting from your
infringement of Money Consultants, Inc.’s 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
Money Consultants, Inc. or its 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
Money
Consultants, Inc. grants you a limited license to access, print,
e-mail, download or otherwise make personal use 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 noncommercial
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 noncommercial use
of the Content and the Collective Work as permitted by this
Agreement, is permitted by you without the express prior written
permission of Money Consultants, Inc., which permission may be
withheld in Money Consultants, Inc.’s sole discretion.
You
may not use any META tags or any other "hidden text" utilizing Money
Consultants, Inc.’s name or trademarks without the express written
permission of Money Consultants, Inc., which permission may be
withheld in Money Consultants, Inc.’s sole discretion.
Access and Interference
www.moneyconsultants.com
and/or www.moneyconsultants.info contains robot-exclusion headers.
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 www.moneyconsultants.com and/or www.moneyconsultants.info or
any portion of www.moneyconsultants.com and/or
www.moneyconsultants.info or for any other purpose, without Money
Consultants, Inc.’s express written permission which may be withheld
in Money Consultants, Inc.’s sole discretion. Additionally, you
agree that you will not: (i) take any action that imposes, or may
impose in Money Consultants, Inc.’s sole discretion an unreasonable
or disproportionately large load on Money Consultants, Inc.’s
infrastructure; (ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any content (except for
your personal information) from www.moneyconsultants.com and/or
www.moneyconsultants.info without the prior written permission of
Money Consultants, Inc. and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper
working of www.moneyconsultants.com and/or www.moneyconsultants.info
or any activities conducted on www.moneyconsultants.com and/or
www.moneyconsultants.info; or (iv) bypass Money Consultants, Inc.’s
robot exclusion headers or other measures Money Consultants, Inc.
may use to prevent or restrict access to www.moneyconsultants.com
and/or www.moneyconsultants.info.
Electronic Communications
When
you visit www.moneyconsultants.com and/or www.moneyconsultants.info
or send e-mail to Money Consultants, Inc., you are communicating
with Money Consultants, Inc. electronically. You consent to receive
communications from Money Consultants, Inc. electronically. Although
Money Consultants, Inc. may choose to communicate with you by
regular mail, Money Consultants, Inc. may also choose to communicate
with you by e-mail or by posting notices on www.moneyconsultants.com
and/or www.moneyconsultants.info. You agree that all agreements,
notices, disclosures and other communications that Money
Consultants, Inc. provides 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 www.moneyconsultants.com and/or
www.moneyconsultants.info, and all costs and fees associated with
Internet access or long-distance charges incurred with regard to
your access and use of www.moneyconsultants.com and/or
www.moneyconsultants.info.
Third Party Links
There
may be provided on www.moneyconsultants.com and/or
www.moneyconsultants.info links to other Web sites belonging to
Money Consultants, Inc.’s advertisers, business partners, affiliates
and other third parties. Such links do not constitute an endorsement
by Money Consultants, Inc. of those Web sites, nor the products or
services listed on those Web sites. Money Consultants, Inc. is not
responsible for the activities or policies of those Web sites. Money
Consultants, Inc. does not endorse or recommend the products of any
particular advertiser, business partner, affiliate or other third
party. Money Consultants, Inc. does not guarantee that the loan
terms or rates offered by any particular advertiser, business
partner, affiliate or other third party on www.moneyconsultants.com
and/or
www.moneyconsultants.info
are the best terms or lowest rates available in the
market.
Money Consultants, Inc. Makes
No Representations or Warranties Regarding the Content
THE
CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR OFFERED
THROUGH WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO
ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MONEY
CONSULTANTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
ASSOCIATED WITH WWW.MONEYCONSULTANTS.COM AND/OR
WWW.MONEYCONSULTANTS.INFO. YOU EXPRESSLY AGREE THAT YOUR USE OF
WWW.MONEYCONSULTANTS.COM
AND/OR
WWW.MONEYCONSULTANTS.INFO
AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH
WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO IS AT YOUR
SOLE RISK.
MONEY
CONSULTANTS, INC. DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS,
OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS
ASSOCIATED WITH WWW.MONEYCONSULTANTS.COM AND/OR
WWW.MONEYCONSULTANTS.INFO, NOR THE SAFETY, RELIABILITY, TITLE,
TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR
A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS
ASSOCIATED WITH WWW.MONEYCONSULTANTS.COM AND/OR
WWW.MONEYCONSULTANTS.INFO. IT IS YOUR SOLE RESPONSIBILITY TO
INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF
THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH
WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO. MONEY
CONSULTANTS, INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE
THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM
WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO 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.
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, Money Consultants, Inc. recommends that you
obtain additional information and advice of your accountant and
other financial advisers and attorney who are fully aware of your
individual circumstances.
Limitations on Money
Consultants, Inc.’s Liability
MONEY
CONSULTANTS, INC., IN NO EVENT, WILL 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 WWW.MONEYCONSULTANTS.COM
AND/OR WWW.MONEYCONSULTANTS.INFO; (III) YOUR DELAY IN ACCESSING OR
INABILITY TO ACCESS OR USE WWW.MONEYCONSULTANTS.COM AND/OR
WWW.MONEYCONSULTANTS.INFO 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
WWW.MONEYCONSULTANTS.COM AND/OR WWW.MONEYCONSULTANTS.INFO OR
OTHERWISE ARISING OUT OF THE USE OF WWW.MONEYCONSULTANTS.COM AND/OR
WWW.MONEYCONSULTANTS.INFO, WHETHER RESULTING IN WHOLE OR IN PART,
FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF MONEY CONSULTANTS, INC. AND/OR ITS
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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.
Your Indemnification of Money
Consultants, Inc.
You
will defend, indemnify and hold harmless Money Consultants, Inc. and
its officers, directors, shareholders, employees, independent
contractors, agents, representatives and affiliates from and against
any and 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 Money Consultants, Inc.; (iii) your access
or use of www.moneyconsultants.com and/or www.moneyconsultants.info;
and/or (iv) access or use of www.moneyconsultants.com and/or
www.moneyconsultants.info under any password that may be issued to
you.
Amendments of this Agreement
Money
Consultants, Inc. reserves the right to update, amend and/or change
this Agreement at any time in its sole discretion and without
notice. Updates to this Agreement will be posted here. You are
encouraged to revisit this Agreement from time to time in order to
review any changes that have been made. Money Consultants, Inc.’s
last update was 25 April 2006. Your continued access and use of
www.moneyconsultants.com and/or www.moneyconsultants.info following
the posting of any such changes shall automatically be deemed your
acceptance of all changes.
Money Consultants, Inc.’s
Remedies
You acknowledge that Money Consultants, Inc.
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, Money Consultants, Inc. will 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 either
the United States District Court
for the Middle District of Florida, Tampa Division, or in the
Circuit Court in and for Sarasota County, Florida. You consent to the jurisdiction of such
court and waive any objection to the laying of the 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.
Attorney’s Fees; Governing Law
In
the event it is necessary for Money Consultants, Inc. to initiate
legal proceedings to enforce, interpret or construe any part of this
Agreement, the prevailing party in such proceedings is entitled to
receive from the non-prevailing party, in addition to all other
remedies, all costs, including reasonable attorneys’ fees, of such
proceedings-including appellate proceedings-and other such costs and
fees as justice may so require.
The validity, interpretation,
and performance of this Agreement is governed by the laws of the
State of Florida without giving effect to the principles of comity
or conflicts of laws thereof.
Consent to Personal Jurisdiction and
Venue
You hereby consent to personal
jurisdiction and venue for any action brought by Money Consultants,
Inc., arising out of a breach or threatened breach of this Agreement
or out of the relationship established by this Agreement,
exclusively in the United States District Court for the Middle
District of Florida, Tampa Division, or in the Circuit Court in and
for Sarasota County, Florida-whichever venue is proper; you hereby
agree that any action brought by you, alone or in combination with
others, against Money Consultants, Inc., whether arising out of this
Agreement or otherwise, will be brought exclusively in either the
United States District Court for the Middle District of Florida,
Tampa Division, or in the Circuit Court in and for Sarasota County,
Florida.
Severability
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.
Headings
The
headings contained in this Agreement are for convenience of
reference only, are not a part of this Agreement and do not limit or
otherwise affect in any way the meaning or interpretation of this
Agreement.
Amendments
All
covenants, agreements, representations and warranties made in this
Agreement, as may be amended by Money Consultants, Inc. from time to
time, survive your acceptance of this Agreement and the termination
of this Agreement.
Entire
Agreement
This
Agreement and Money Consultants, Inc.’s Privacy Policy located at
the URL www.moneyconsultants.com and/or www.moneyconsultants.info
represent the entire understanding and agreement between you and
Money Consultants, Inc. 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 www.moneyconsultants.com and/or
www.moneyconsultants.info, please contact us via any of the methods
set forth below:
Telephone:
941.921.7777 / 1.800.393.2274
Fax:
941.924.3799
U.S.
mail: Money Consultants, Inc., 5905 Beneva Road, Sarasota, FL 34238
Electronic
mail: info@moneyconsultants.com |