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Terms and Conditions of Use

(“Terms”) apply to https://www.moneycents.com   

By accessing this Websites or content, you agree to be bound by any additional terms that govern use of each such Website or such content. Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Website, including but not limited to various limitations, exclusions, and indemnities. 

 

By accessing the content via the Website, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to this Website; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.  

 

 

Definitions and Interpretation 

For clarity and comprehension, we have defined certain words used in the Terms and on the Website. Additional definitions are included elsewhere in the Terms. 

 

"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. 

 

“MC”, “we” or “us” refer to the Moneycents, “we” or “us”, as used in individual articles available on the Website may, depending on context, refer to the Moneycents as a collective or to individual Member Firms. 

 

 

“User” means all users of a Website. 

 

“You" means you as an individual user of a Website. 

 

In these Terms: 

 

1. The captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, and 

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2. The word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected. 

 

About the Website 

The Website provides information about Moneycents, including thought leadership and the services we provide. References to “the Website,” and “www.moneycents.com” include all software, content and features provided within the relevant Website.  

 

Informational Purposes  

The Website and content available within them is for informational purposes only. Neither the Website nor the content available within them constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers. 

 

Changes to and availability of the Website 

The Website are made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use.  

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Your Responsibilities
 

Acceptable Conduct 

You will use the Website only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via this contact form and provide us with assistance, as requested, to stop or remedy such violation. 

 

Prohibited Conduct 

In using the Website, you must not do any of the following: 

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  • Post, transmit or otherwise make available through the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”). 

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  • Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

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  • Use the Website for any commercial purpose or otherwise use the Website for processing data or other information on behalf of any third party.

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  • Use the Website for any purpose that is fraudulent or otherwise tortious or unlawful. 

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  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of any of the Website; or violate any requirement, procedure or policy of such servers or networks.

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  • Restrict or inhibit any other person from using the Website.

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  • Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Website to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.

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  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein, without Moneycents express prior written consent.

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  • Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly permitted by applicable law.

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  • Remove or alter any copyright, trademark or other proprietary rights notice on the Website or content you access via the Website.

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  • Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Websites into any product or service, without Moneycents express prior written consent.

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  • Use any robot, spider, Website search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Website, (b) reproduce or circumvent the navigational structure or presentation of the Website, or (c) harvest or collect information about users of the Website without Moneycents express prior written consent.

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If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Website or take any other steps we consider appropriate. 

 

 

Requirements to Use the Website 

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. 

 

If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally. 

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Intellectual property
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Our Content 

Except where expressly stated otherwise, all right, title, and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Website (collectively, "Our Content") are (a) fully vested in us, our licensors, or our suppliers and (b) protected by applicable copyrights, trademarks, patents, trade secrets, database rights, or other proprietary rights and laws.  

You agree that access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms.  

Unless otherwise expressly authorized by us in writing, you agree not to

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  • Copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content; 

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  • Remove any proprietary notices or labels on or in Our Content; or

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  • Allow any other person or entity to engage in any of the foregoing. 

 

Compliance and Complaints 

You agree that we may, without notice or liability, if we choose to do so (which we may decide at any time to do without assuming any obligation to do so), disclose to third parties any of your information; monitor use of the Website if we believe in good faith that such activity is reasonably necessary to provide the Website to customers, monitor adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.  

 

Third-Party Content 

The Website may contain links to websites and other materials made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content. 

 

Third Party Content may be protected by applicable copyrights, database rights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Websites as set out in these Terms. 

 

We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content). 

 

Trade and Service Marks 

You may not use the “Moneycents” or “MC” trade names, trademarks, service marks, logos or designs, or any other mark held by MC, in connection with any product or service that is not of “Moneycents” nor in any manner that is likely to cause confusion, take unfair advantage or cause detriment. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner. 

 

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Liability and Warranties
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Limitation of liability 

The Website is provided for information purposes only and, to the maximum extent permitted by applicable law, MC exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Website and any materials you obtain via the Website save that we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. 

 

You acknowledge and accept that use of the Website is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, MC is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Website arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature. 

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MC DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF. 

 

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR LOSSES OR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITE. 

 

Disclaimers and Assumptions of Risk 

MC makes no representations or warranties about the Website. The Website and all information provided to you via the Website is provided “as is” and “as available”. To the maximum extent permitted by applicable law, MC disclaims all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. MC neither represents nor warrants that the Website, services and content provided through the Website, or software or information downloaded from the Website will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components. 

 

BY MAKING AVAILABLE THE WEBSITES, MC IS NOT MAKING AN OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND NONE OF THE INFORMATION PRESENTED ON THE WEBSITES SHOULD BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE. 

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Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions. 

 

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Other Legal Provisions 
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Amendments 

We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will only amend these Terms if the provisions in the Terms are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully-amended version of these Terms will be published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after the effective date of any amendment, you will be conclusively deemed to have accepted such amended version of these Terms. 

 

Privacy 

The Website has a Privacy statement. You acknowledge that you have read the Privacy statement located on the Website, as it may be updated from time to time (the "Privacy statement"). You further acknowledge that, to the extent required under applicable law, by using each such Website you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein.  

 

Enforceability 

Your use of the Website, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. 

 

No implied waiver 

If you do not comply with these Terms, and we do not take action immediately, this does not mean we or MC is giving up any rights that we/they may have (such as taking action in the future). 

 

Limitation Period 

Any cause of action you may have with respect to these Terms or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred. 

 

Notices 

Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms: 

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  • By us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; and 

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  • By you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via this contact form.

 

 

Assignment 

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. 

 

Relationship 

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Website. 

 

Entire Agreement 

These Terms, as amended from time to time, including any and all documents, Website, rules, terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Website. 

 

English Language 

The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English. 

 

Severability 

If a particular term is found to be unenforceable, this will not affect any other terms. 

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