AGREEMENT OF TERMS OF USE

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