MONEYTIME TERMS OF USE

IMPORTANT INFORMATION: These Terms of Use (the “Terms” or this “Agreement”, in short) constitute a binding agreement between us, Songo Media Inc., a Delaware corporation with registered place of business at 4225 Executive Square Suite 1000 San Diego, CA 92037, USA, operators of the Moneytime Platform (“Moneytime”, “we”, “us” or “our”) and you and govern your access to the Platform and your Moneytime Account (if applicable) and your use of our website (the “Platform”).

Please read this Agreement carefully before using the Platform or activating your Account, as these will apply to your use of our site. By using our site, you confirm that you accept these Terms and that you agree to comply with them.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.

YOU ARE NOT ALLOWED TO USE OUR SITE, UNLESS YOU ARE AT LEAST 18 YEARS OF AGE.

  1. DEFINITIONS:

Account” means an electronic account in your name in order to provide access and to use the Platform.

 “User” is any individual visiting or using the Platform, including but not limited to any holder of an Account, and including you.

  • THE MONEYTIME PLATFORM

Our Platform provides original content, as well as side-by-side comparisons between various alternative services and products, designed to educate and to equip you with tools, which may help you to better evaluate offerings. You can find out more information about the Platform and its features here: www.Moneytime.com/about/.

It is hereby clarified that any information contained on the Platform is general in nature and has been prepared without considering your objectives, financial situation or needs, and does not constitute advice as to taking or avoiding any action. The information provided is not intended to replace or serve as substitute for any advisory or other professional advice, consultation or service, including but not limited to legal, tax or financial advice. Before acting on any information on this website, you should consider whether or not such information is appropriate, relevant and applicable to your circumstances (as you should also consider with respect to any product or service displayed or offered to you, as a result of your use of the Platform). In addition, we recommend that you seek independent financial, legal, insurance and taxation advice prior to acquiring any financial, credit, loan, or insurance related products or services.

You may click-out of our Platform, when you click on a link to a compared service or product, or on a link under an article or content displayed on our Platform, in which case you are directed to a website outside of our Platform operated by an entity other than us (the “Affiliate Website” and the “Affiliate”, as applicable). In such circumstances, your use of the Affiliate Website will be subject to such Affiliate’s terms and conditions, which may conflict with these Terms; however, you may not expand Moneytime’s obligations or restrict Moneytime’s rights under these Terms. You hereby agree that Moneytime is not a party to any engagement between you and an Affiliate.

We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

  • YOUR ACCOUNT WITH US

Creating an Account with us is optional, and you may use the Platform even if you are not a registered user of the Platform.

Whether you are a registered user or not, and notwithstanding anything herein to the contrary, we reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective seven (7) days following the posting of the modification to our Platform, and will apply to causes of action arising after the effective date of the change. You should continue checking the Platform for changes, as your continued use of our Platform following the posting of changes to these Terms will mean that you accept such changes.

We further reserve our right, in our sole discretion, to suspend or deny your access to the Platform immediately and with or without cause, including without limitation if we believe that you are in breach of these Terms for any reason whatsoever.

You hereby represent and confirm that you are of the minimum required age to use our Platform under applicable law, and that to the extent that you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms and our Privacy Policy on your behalf.

Creating an Account

  1. You are solely responsible for any activity that occurs in your Account and to keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to [email protected]. You will be liable for any use made of your Account or password and for our or others’ losses due to such unauthorized use. We will not be liable for losses caused by any unauthorized use of your Account.
  2. You must be 18 (eighteen) years of age or older to register to the Platform.
  3. You must be an individual person to register on the Platform. By using the Platform, you represent that you are not acting on behalf of a corporation (or any legal entity other than using it personally).
  4. When signing up for the Platform, please provide accurate information about yourself. You may not use false information or impersonate another person or entity through your Account. You may not transfer your Account to anyone else. With your registration, you authorize Moneytime, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address and verifying your information against third party databases or through other sources. We may use third parties to obtain this information and carry out checks on our behalf. We may ask you to provide additional information and documents to support the information you provide.
  • YOUR USE OF THE PLATFORM

License to You

Subject to these Terms and our policies (including policies made available to you within the Platform), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Platform on a mobile device or computer that you own or control, solely for your own personal purposes.

You acknowledge that your use of the Platform grants you no rights in or to the Platform or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to use the Platform in accordance with these Terms.

Content and Marks

All content on the Platform, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and any other content on the Platform (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.

Content in the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.

“Moneytime”, the Moneytime logo, and other Marks are trademarks of Moneytime or our affiliates’ Marks. All other trademarks, service marks, and logos used on our Platform are the trademarks, service marks, or logos of their respective owners.          

This section shall survive any termination of these Terms. 

Unauthorized use

You will and you agree to:

  • Review and comply with these Terms and the Privacy Policy (https://moneytime.com/privacy-policy/);
  • comply with all applicable laws in connection with your use of the Platform. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  • provide accurate information to us and update it as necessary; and
  • act honestly and in good faith.

You agree NOT to:

  • Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts, through or in connection with the Platform;
  • use or attempt to use another’s Account or create a false identity;
  • duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Platform except as permitted in these Terms, or as expressly authorized by us;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to enable the Platform, or any part thereof;
  • utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors’);
  • collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Platform (except if the owner of such information has expressly permitted the same);
  • share other users’ or third party’s information without their express consent;
  • infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
  • use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Platform, or to access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform;
  • access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
  • attempt to, or actually, access the Platform by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Platform using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
  • attempt to, or actually, override any security component included in or underlying the Platform; or
  • interfere or disrupt the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.

Notices

In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  • Third parties’ links, websites, and services

The Platform may contain links and references to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We may or may not be affiliated with those websites. However, we have no control over those websites and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

If you access any third party’s website, service, or content from our Platform, you do so at your own risk. By using the Platform, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability or responsibility arising from your use of any third-party website, information, materials, products, or services, including any responsibility for monitoring any transaction between you and such third-party, other than as provided herein. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Accordingly, we encourage you to be aware when you have left the Platform and to read the terms and conditions and privacy policy of each other website that you visit.

Moneytime participates in affiliate programs and may allow affiliate links to be encoded on some of our pages. If, following your use of the Platform, you decide to access certain third-party websites and make use of the information contained therein, or enter into any agreement for the supply of services from such third-party, this may benefit us and cause us to earn a commission from our participation in such affiliate programs.

Moneytime disclaims any obligation to review or ensure the accuracy or legality of any other website accessible through a link on this website. Such links are provided solely for the User’s convenience. We do not control and are not responsible for any of these sites or their content.

We specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental or consequential damages arising out of or in any way connected with the access to or use of this website.

End User Data and Information

Our site may collect data about the visitors (including e-mail addresses) of our site and may monitor the interaction between them and our site (“Data Collection”). By using our site, you agree to the Data Collection.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process, subpoena or governmental request;
  • enforce these Terms, including investigation of potential violations of it;
  • detect, prevent, or otherwise address fraud, security or technical issues;
  • cooperate with law enforcement authorities or prevent child exploitation; 
  • respond to user support requests; or
  • protect our, our users’ or the public’s rights, property or safety.

The information available through the provision of our Platform (the “Information”) is provided to you for your personal information, educational and entertainment purposes only and should not be construed as financial, legal, tax advice or other professional advice. It is not intended as an offer, solicitation, invitation or inducement for the purchase, sale or holding of any product or service in any jurisdiction. The Platform may contain information and opinion on services and products but does not constitute independent investment research, nor non-independent research, and is therefore not subject to the regulatory protections afforded to research. It should not be assumed that the methods, techniques, or indicators presented in the Information will be profitable or that they will not result in losses. Past results or claims of past performances of any specific service or product published or described on the Platform are not indicative of future returns or performance by that service or products. The Platform may contain forward-looking statements, forecasts, estimates and projections. We do not represent or warrant that such forward statements will be achieved or will prove to be correct. Actual future results and operations could vary materially from them.

All insurance and financial services involve financial risk, and Moneytime and its Affiliates assume no liability in the event any person uses or relies upon the Information on the Platform.

The Information on the Platform may be based on assumptions or market conditions and may change without notice. Moneytime accepts no obligation to correct or update the information or opinions on the Platform.

Moneytime makes no representation or warranty as to the accuracy, completeness, timeliness or reliability of the contents of the Platform, and other than as required under applicable consumer protection law, Moneytime accepts no responsibility for errors or misstatements, negligent or otherwise and under no circumstances will Moneytime be liable for any loss or damage whatsoever caused by a user’s reliance on information obtained from the Platform, including from use of tools / calculators / other financial tools.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF USING THE PLATFORM.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY (https://moneytime.com/privacy-policy/), WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.

  • Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED $10.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You expressly acknowledge and agree that:

  • use of our site is at your sole risk;
  • the services in connection with our site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied;
  • we have no control over, and no duty to take any action regarding: (i) which users gain access to our site; (ii) what effects the content may have on you or third parties; (iii) how you may interpret or use our site; or (iv) what actions you or any third party may take as a result of having been exposed to our site;
  • our site may direct you to websites containing information that may be offensive or inappropriate and we make no representations concerning any such content and are not responsible or liable for the accuracy, copyright compliance, legality or decency of any such content;
  • to the fullest extent permitted by applicable law, we shall not be liable for any damages or injury whatsoever caused by or related to your use of, or inability to use, our site under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that we shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, our site;
  • you further specifically acknowledge that we are not liable, and you agree not to seek to hold us liable, for the conduct of third parties, including other users of our site, end users and operators of external sites, and that the risk of our site and external sites and of injury from the foregoing rests entirely with you;
  • your sole and exclusive remedy for any dispute with us is to stop using our site; and
  • some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, therefore, some of the above limitations in the section may not apply to you.
  • COPYRIGHT

It is our policy to respect the legitimate rights of copyright and other intellectual property owners and we have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.

We have designated an agent (specified below) to receive notifications of claimed copyright infringement on our site. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our site, with enough detail that we may find it on our site; providing URLs in the body of an email is the best way to help us locate content quickly;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: [email protected].

Once such notice of infringement is properly received by the designated agent, it is our policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that we have removed or disabled access to the material; and
  • that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the service.

Counter-Notification

If you believe that the material you posted was removed by mistake, you may elect to send us a counter notice. To be effective, the counter-notification must be a written communication provided to our designated agent that includes substantially the following:

  • A physical or electronic signature of the person providing the counter-notification or of the person authorized to act on their behalf.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • A statement under penalty of perjury that such person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Such person’s name, address, and telephone number, and a statement that the such person consents to the jurisdiction for any judicial district in which the service provider may be found, and that such person will accept service of process from the person who provided notification of infringement or an agent of such person.
  • Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

  • Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) breach of any law or regulation.

This obligation to defend, hold harmless and indemnify will survive any termination of these Terms and your use of the Platform.

  1. Termination or Suspension of Your Account

You may terminate your use of our Platform at any time by deleting your Account.

  1. Governing Law and Jurisdiction

These Terms shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the State and Federal courts located in San Diego, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.

  1. Survival   

Sections 4 to 12 shall survive any termination of these Terms and your use of the Platform, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.

We reserve the right to discontinue or modify any aspect of the Platform at any time. These Terms, together with the Privacy Policy https://moneytime.com/privacy-policy/, and any other legal notices published by us on the Platform, shall constitute the entire agreement between us concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. Contact us

Songo Media Inc. is a Delaware corporation with its headquarters at 4225 Executive Drive, Suite 1000, La Jolla, CA 92037. You may contact us at the preceding address or via email at [email protected].

Thank you for visiting our site.

Last Updated: May 2019

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