MEMBERSHIP AGREEMENT   see text version
Terms of Use 1. Acceptance of the Terms The service provided by MsMoney.com, Inc. at MsMoney.com (the “Site”) is available to you, subject to your agreement to all the terms and conditions listed below. We ask that you read this section carefully as it is a legally binding agreement. If you do not agree to the User Agreement’s Terms of Use, please do not access or use this site and service. MsMoney.com reserves the right to change or amend these Terms of Use at any time without prior notice. By submitting any content, including without limitation, homepages, message-board postings, or any chat room statements, you signify your agreement to these Terms of Use. This Agreement may be updated and revised from time to time without advance notice to you. Your continued use of this Site following the posted updates or revisions constitutes acceptance of the updates. MsMoney.com may also offer services to you through our Partnerships which Terms of Use are governed by the Partnering site. 2. Description of Service MsMoney.com provides users with a varied collection of resources including, but not limited to, financial information content, personalized financial tools, and access to best-of-breed partnerships. Access to MsMoney.com is available through the World-Wide Web. The user is responsible for providing the equipment necessary to gain access to MsMoney.com, and the costs necessary to connect to the World Wide Web, if any. 3. User Obligations In order to take full advantage of our Site, you will need to register by providing the information requested on the membership form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by MsMoney.com’s registration form (the “Data”), (b) maintain and promptly update the Data to keep it true, accurate, current and complete, (c) acknowledge that Data and certain other information about you is subject to our Privacy Policy, see the bottom navigation bar. If you do provide information that is untrue, inaccurate, incomplete or not current, either intentionally or unintentionally, MsMoney.com has the right to suspend or terminate your account and refuse any and all current or future use of our Site, without notice to you. You agree to use this Site for lawful purposes only. Any unlawful use of the Site is strictly prohibited. The list of prohibited uses includes, but is not limited to using the Site to transmit, submit, post, upload, email, or display: · Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent that violates local, state and national laws. · Any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; this includes copyrighted software that is distributed illegally, “mp3” files of copyrighted music, copyrighted photographs, text, video or artwork. If you don’t own the copyright or have express authorization and documented permission to use it, don’t post it on MsMoney.com. · Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other people’s private information. · Content that promotes, encourages, or provides instructional information about illegal activities—specifically hacking, cracking, or phreaking. · Any software, information, or other material that contains a virus or corrupted date, or any other harmful or damaging component. · Hate propaganda or hate mongering, swearing, or fraudulent material or activity. · Information or material or other content that harms minors. Prohibited use also includes taking any action that would interfere with or disrupt the Site or the services provided on the Site, or the servers or networks connected to the Site. You agree not to violate any local, state or national law. You agree not to transmit, collect or store personal data about other users of the Site. 4. MsMoney.com Rights We reserve the right to monitor and to investigate any complaints regarding any content posted in MsMoney.com and to take appropriate action if MsMoney.com finds violations of these Terms of Use. In addition, MsMoney.com reserves the right to release current or past member information in the event MsMoney.com believe that the membership is being or has been used in violation of the Terms of Use or to commit unlawful acts, if any. MsMoney.com reserves the right to modify or discontinue the service or the Site at any time without notice to you. 5. Intellectual Property Copyright in the Site and in the information and content therein and in their arrangement is owned by MsMoney.com unless otherwise indicated. All proprietary rights in the Site and Service and any necessary software used in connection with the Site or Service this Web site ("Software") are owned or licensed for use by MsMoney.com. This Site is owned and operated by MsMoney.com and except as otherwise specified, MsMoney.com owns all materials appearing on this Web site, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MsMoney.com or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Service or the Software, in whole or in part. sMoney; MsMoney.com, the MsMoney.com logo and other MsMoney.com marks and logos are trademarks and service marks of MsMoney.com, Inc. (the “MsMoney.com Marks”). Any use of any of the MsMoney.com Marks, without the prior, express, written consent of MsMoney.com is prohibited. You acknowledge MsMoney.com’s exclusive rights to use the MsMoney.com Marks and agree not to display or use the MsMoney.com Marks in any manner. 6. Disclaimer The Site and Service are provided to you for informational purposes only and are not offered for the purpose of individual financial or investment advice. MsMoney.com is not responsible or liable for the accuracy, reliability, completeness or usefulness of any financial or other information, data, materials or content displayed on the Site or transmitted by or submitted to the Site or Service. MsMoney.com is not a registered broker or investment advisor. Nothing contained in the Site is intended as or shall be construed as investment advice. You acknowledge that you are responsible for your own financial and investment decisions and MsMoney.com shall not be responsible or liable for any financial or investment decisions made based on information offered at the Site or Service. MsMoney.com is not responsible for the content, including without limitation, homepages, message-board postings, or any chat room statements or other content posted, transmitted, submitted, uploaded or displayed by MsMoney.com members or visitors in any area of the Site. The opinion and views expressed by MsMoney.com’s members or visitors do not necessarily represent those of MsMoney.com and MsMoney.com does not verify, endorse, or vouch for the content and accuracy of such information. Further, MsMoney.com is not responsible for the delivery or quality of any goods or services sold or advertised through the Site. If you believe that any of the content posted by our members violates your proprietary rights, including copyrights, please contact us at the following: legal@msmoney.com. Please be aware that no data transmitted over the Internet is guaranteed to be 100% secure. Thus, MsMoney.com cannot ensure or warrant the security of any information you transmit to us or from our products, services or partners. Sometimes the information you disclose can be collected and used by others. If you post personal information that is accessible to the public, you may receive unsolicited messages from other parties in return Use of the Site is at your sole risk. The Site and all MsMoney.com services, content, information, data, tools, materials and referrals to partners and their site data are provided on an “AS IS” basis without warranties of any kind, either express, implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non infringement or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. MsMoney.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the MsMoney.com Site or service. In no event will MsMoney.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Site or services including but not limited to the use or inability to use MsMoney.com’s Site or services, MsMoney.com’s removal, deletion or alteration of any materials, Data, information, records or other content submitted or posted on the Site. With respect to links with other sites, MsMoney.com is not responsible for the content of any other site linked to or from our Site. If you link to another site outside the MsMoney.com Site, you leave our Site. If you decide to link to another site, you do so entirety at your own risk. MsMoney.com may provide links from our Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. MsMoney.com makes no warranty express or implied as to any such linked site including but not limited to any warranties of the accuracy, ownership, validity or legality of any content of a linked site. This disclaimer applies, without limitation, to any damages or injury, whether of or breach of contract, tort, or otherwise, caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any Data. 7. Waiver MsMoney.com shall have no liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus or other harmful feature. Software or content downloaded from the site could contain a virus or other harmful feature and it is the MsMoney.com member’s responsibility to take appropriate precautions to protect member’s computer from damage to its software, files or data as a result of any such virus or other harmful feature. 8. Indemnification Upon MsMoney.com’s request you agree to defend, indemnify and hold harmless MsMoney.com and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including attorney fees, that arises out of or in connection with your use of the site, including your posting, downloading or transmission of all communications or material on this Site. 9. Jurisdiction You understand and agree that, except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, any dispute arising under or relating to these Terms of Use shall be resolved through mediation and arbitration. You agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within 10 days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration of a single arbitrator in San Francisco, CA according to the rules of the American Arbitration Association.