YOU ("YOU" OR "YOUR") AGREE THAT USING WWW.MONEYBEE.NET ("WEBSITE") SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW ("AGREEMENT"). THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ALL CONTENT AND MATERIALS CONTAINED ON THIS WEBSITE INCLUDING ACCESS TO OUR MONEYBEE FINANCIAL AND RETIREMENT PLANNING WEB APPLICATION TOOL ("SERVICES") AND IS ENTERED INTO BY YOU AND MYVAL LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("WE" OR "US" OR "MONEYBEE").
IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A BINDING LEGAL AGREEMENT WITH US THROUGH YOUR USE OF THIS WEBSITE.
All terms under this Agreement apply to financial, real estate, and accounting professionals and advisers (collectively "Advisers") who have subscribed to one of our paid services under a Professional License (as defined below). However, not all terms under this Agreement shall apply to free, basic users. Any terms that apply only to Advisers are clearly marked below as such, or such terms otherwise refer to our paid services under a Professional License.
MoneyBee hereby grants You a limited, non-exclusive, non-transferable right to access and use the Services for your own personal use on this Website for your current financial or retirement planning purposes at all times this Website and the Services are made available to You. This may include access to any videos, podcasts, and similar recordings, applications, files or any other separate website element made available to You from time to time (collectively "Materials").
We offer the following additional uses of the Services under a Professional License offered to Advisers.
You can subscribe to either one or both of these services under a Professional License.
No concurrent use or use of the Services by any other employees or other individuals within your business/organization under a Professional License shall be permitted. We require all Advisers to complete a user account on MoneyBee (just like a regular MoneyBee user would) prior to subscribing to any services under a Professional License.
Any Adviser subscriber to this service is hereby granted a limited, non-exclusive, non-transferable right to access and use the Services and the Materials under our Professional License in connection with financial advisery/planning, certified professional accounting or other licensed financial services in the course of his/her business or on behalf of his/her employer. Such license is limited to use strictly on behalf of your clients in the ordinary course of your business and may be used by You for an unlimited number of your clients. You represent to us that you are a professional financial adviser/planner, certified professional accountant or other licensed financial professional or that you are employed for an organized entity providing such services and that your use of the Services under this Professional License will only be done strictly in connection with providing such services to third-party clients. You represent that You, or the organized entity you may be employed for, including any individual employee that may use the Services within your organization, has obtained any required licensing, training and/or certifications necessary to provide advice in the area of retirement or financial planning as may be required under any federal, state or local law/regulation regulating such activities.
An Adviser subscriber to this service is hereby granted a limited, non-exclusive, non-transferable right to appear in the search results of users looking for a professional in their area with your qualifications. You will appear in the search results only if the user meets your pre-specified minimum requirements regarding investable assets, net worth and compensation (in the case of financial advisers), or time period until next real estate purchase or sale and minimum property value (in the case of real estate agents). Please read carefully how these values are calculated in the instructions for the corresponding input fields. Our determination of these values is only as accurate and complete as the user's inputs. We do not verify the accuracy of the user's inputs and cannot guarantee that a user who contacts you from MoneyBee meets your requirements. You will be allowed to provide a link to your own website. In addition, we will add a "Verify" link to your public profile on your licensing organization's website (CFP.net or FINRA for financial advisers, and your state's realtor association for real estate agents and brokers), where users can verify your credentials and see your areas of specialization. If your licensing organization does not provide such public profiles for its members, we reserve the right to refuse this service to you. We also reserve the right to decline or discontinue this service to any or all individuals for any reason at any time. The financial professional solicitation restriction set forth below applies to subscribers of the Networking Service where contact with other basic users of the Services has not occurred through the provided by us link.
The cost of this service is per year per adviser ("Fee"). No refunds are available if you stop using the service prior to the end of your subscription period. The term of your subscription to access and use the Services under our Professional License shall equal one (1) calendar year ("Term"). The Term shall begin on and include the day You purchase a subscription to receive the Professional License, unless otherwise stated in this Agreement, and ending on 11:59 p.m. EDT (GMT-5 hours) on the final day of the Term, which shall be automatically renewed upon expiration for successive one (1) year periods thereafter ("Renewal Term") unless cancelled by You. All restrictions with regard to your use of any materials you download or copy pursuant to any rights granted under this license shall survive the expiration of the Term.
Under this subscription, you will be charged only if a user clicks on one of your links, at the rate of per click ("Fee"). Clicks by other advisers in your category will not be counted. Clicks by the same user will be counted only once in a calendar day.
Your credit card or other payment method You provide will be automatically charged in the applicable license amount stated above immediately after the expiration of the Term and upon the expiration of each subsequent Renewal Term unless otherwise stated in this Agreement. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL THIS AGREEMENT BEFORE THE END OF THE TERM OR ANY SUBSEQUENT RENEWAL TERM WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHODS YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT RENEWAL TERM AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THIS AGREEMENT. YOU AGREE THAT FAILURE TO CANCEL YOUR PROFESSIONAL LICENSE SUBSCRIPTION SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
We reserve the right to increase our annual fee in connection with our Commercial Use Professional License to take effect upon the next Renewal Term after any such change. You will be notified via email regarding any price increases of the Fee upon any such change.
Cancellation: Advisers may cancel this service at any time before the expiration of the Term or any Renewal Term for any reason by unchecking the "Commercial user?" box in the "Advisers Only" section. We will only charge you for this service if checked at the time of your renewal. If the "Commercial user?" box is unchecked, we will terminate your Commercial Use Professional License as of what would have been your renewal date and will not debit your credit card or other payment methods.
You will be charged automatically on the first business day of every month for your unpaid clicks as of that date. YOU ACKNOWLEDGE AND AGREE THAT BY SUBSCRIBING TO THIS SERVICE YOU WILL IMMEDIATELY START INCURRING CHARGES FOR CLICKS YOU MAY RECEIVE. YOU AGREE YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHODS YOU HAVE PROVIDED TO BE CHARGED AUTOMATICALLY FOR THE TOTAL AMOUNTS DUE FOR ALL UNPAID CLICKS AS OF THE RECURRING PROCESSING DATES STATED ABOVE. IF YOU CANCEL YOUR NETWORKING SERVICE, YOU AGREE TO BE CHARGED FOR ALL UNPAID CLICKS RECEIVED PRIOR TO CANCELLATION. IF THE PAYMENT METHOD PROVIDED BY YOU FAILS ON ANY PROCESSING DATE, WE WILL NOTIFY YOU BY EMAIL AND WILL SUSPEND YOUR NETWORKING SERVICE AS OF THAT DATE (YOU WILL NOT APPEAR IN USER SEARCHES). YOUR WILL HAVE UP TO 30 DAYS TO PROVIDE A VALID PAYMENT METHOD AND PAY YOUR BALANCE DUE. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
We reserve the right to increase our per click fee in connection with our Networking Service Professional License to take effect on the first day of the following month. The new rate will apply only to clicks received after that date. You will be notified via email regarding any price increases of the Fee prior to the effective date of any such change.
Cancellation: Advisers may cancel this service for any reason at any time and stop being listed in user searches immediately by unchecking the " Networking?" box in the "Advisers Only" section. There is no limit on how often you can check and uncheck this service.
You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges. You will be issued or required to create a user ID (your email) and password in order to access and use the Services. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than as may be expressly allowed under the Professional License. Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.
We do not perform background or credentials verification on any Advisers using the Services under our Professional License. We do not warrant or make any representation that any third-parties receiving the benefit of such Services by any such financial/accounting professionals using the Services through this Professional License is suitable, appropriate or accurate. WE CANNOT BE HELD LIABLE FOR ANY ERRORS, BUGS, INACCURACIES, SIMPLIFICATIONS, METHODOLOGY CHOICES, ASSUMPTIONS, OR ANY OTHER FEATURES THAT RESULT IN ACTUAL RESULTS/CALCULATIONS BEING DIFFERENT FROM THOSE FORECASTED BY MONEYBEE THROUGH YOUR USE OF THE SERVICES.
We may terminate your rights to use our Services as a free, basic user at any time in our sole discretion for any reason and terminate your use and access to our Website generally. Once your use/account is terminated for any reason, your right to access the Services and any Materials shall terminate.
The Services may not be used by You in connection with the preparation of your personal federal or state income tax returns or may not be used for the preparation of the same on behalf of any third-parties, either as a free basic user or under our Professional License.
As a condition of your access and use of this Website and the Services, You agree that: i) You will only use this Website and/or any of the Services for personal, non-commercial purposes, unless you have subscribed and purchased the Commercial Use Service under a Professional License; ii) You will not use the Website or the Services in any manner that could damage, disable, overburden, or impair the Website or the Services or interfere with another person's use and enjoyment of the Website and/or Services, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Services or Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not use any data mining, robots, engage in any harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Any user/subscriber using our forum agrees to abstain from sharing or asking for contact information from any other user/subscriber while interacting with him or her on the forum. We encourage Advisers and other financial professionals using our Services as a basic user and anyone with a useful insight to participate in our forums. However, soliciting users (including asking a user for their contact information, sharing your contact information or providing enough personal information that allows users to reasonably identify You, or your business, through any other medium with the information provided through our forum) is strictly prohibited.
Notwithstanding, this restriction also applies to Adviser subscribers of our Networking Service under a Professional License where contact with other basic users of the Services has not occurred through the provided by us links in the search results.
We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
The following Policy contains important restrictions, notices and disclaimers that govern your uploading/posting of any and all materials on this Website including, but not limited to, posts and comments, images, graphics, photos, videos, audio recordings, text, ideas, all written materials and/or any other written or electronic materials ("Content"). In consideration of your access and use of the Services offered by us through this Website, You agree to comply with the following terms and conditions at all times during your use of this Website.
User Representations And Warranties: You represent that You are the owner, authorized licensee or authorized user of all Content. You agree that You will not post, upload, publish, link to or otherwise distribute any Content that:
i) promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material or that is harmful to minors; or
ii) encourages conduct that would violate any law or Content that violates any applicable statute, ordinance, regulation or rule; or
iii) contains personal information about any individual without that person's consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or
iv) misrepresents an affiliation with another person or organization or posting any Content that infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property rights of any third party; or
v) contains viruses, corrupted files, worms, Trojan horses or any other similar malicious software or programs that may expropriate, intercept or interfere with any data, information, property or system of another person or that may damage interfere or adversely affect the operation of our Website or any computer or other devices of any user of our Website; or
vi) is materially false, misleading or inaccurate.
User Indemnification: You agree that You shall indemnify, defend, hold harmless and pay any judgment or settlement of, any claims or actions asserted by any third party against any of the operators of this Website, including any officer, member or manager, employee, agent or representative or any of our attorneys, as may be applicable, arising from or in connection with any Content You upload through your use of this Website or in any way related to this Agreement, regardless of the nature or type of any such claim. You agree to pay all expenses, court costs and attorneys' fees incurred by us in connection with any of the foregoing claims or actions.
You are solely responsible for all Content including, if desired by you, the making and keeping of backup copies of any or all Content. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive the transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website.
Irrevocable License to Use Content: Any Content you submit, upload or post to this Website by any means will be treated as non-confidential and may be edited or restricted from being displayed on this Website under the terms of this policy, at our sole discretion. When You post Content on this Website, you keep all rights and title to the Content including any copyrights, but You grant us with an irrevocable, non-exclusive, royalty-free and perpetual right to post, display, copy, and modify that Content in connection with the operation of this Website and our business and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of this Website or other location to which the Content was posted.
Limited Editorial Control: We may from time to time monitor or review any Content posted or transmitted to our Website to ensure compliance with this Policy. However, we are under no obligation to do so. We reserve the right, in our sole discretion, to terminate your account, remove any Content and/or remove your ability to upload any Content if we believe that You have violated any of the terms or conditions contained in this policy. We are a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230 ("CDA"). We intend to comply with the requirements of the CDA and shall exercise any editorial control over any of the Content in a limited fashion in order to carry out the terms of this policy and/or protect its interest or rights or those of any third parties. Our liability for defamation and other claims arising out of or in any way related to the Content shall be limited as described in the CDA. We shall not have any legal obligation to assume any editorial control over the Content.
Content Disclaimers: We shall not be responsible for any of the Content and we do not warrant the accuracy of the Content. We assume no responsibility to investigate or verify the accuracy of the Content or that the Content does not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Content posted or transmitted on this Website by You that is defamatory, libelous or slanderous, contains any omissions, falsehoods, obscenities, is pornographic or sexually explicit or profane or otherwise violates any law or right of some third party. We do not represent or endorse the accuracy or reliability of any Content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. Any Content placed on our Website represents solely the views of the user posting/uploading the Content and does not represent our views. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive the transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website.
DMCA and Trademark/Service Mark Policy: We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, republished or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the number of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the "look and feel" of this Website (including the unique combination of Website colors, page headers, graphics, icons, images, and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under the United States copyright laws. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title, and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any meta tags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without our prior written permission is strictly prohibited. You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
We grant You permission to link to this Website, including "deep linking" to the public, unrestricted web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of image link on your website using any of the Materials; (2) You will not engage in any "scraping" of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any "framing" of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, at our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website's content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.
This Website may contain links to third party websites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, you agree that we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.
While we strive to keep downtime to a minimum, from time to time the Website and the Services may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to You for any downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website or Services (including ability to access and use any contests on our Website) due to problems related to your device/computer hardware, software, network, network setup or security, or your Internet service provider or any other similar problem. Additionally, please note that we will not respond to any complaints by any of our users related to page loading errors that may occur during game playing. By creating a user account and otherwise using the Services, either as a free basic user or under our Professional License, You understand and acknowledge that You have been made aware of this possibility and that You assume this risk before You elect to use the Services or pay the Professional License Fee. You agree that under no circumstances shall we have any liability to You of any kind whatsoever for any interruption or downtime.
USE AND ACCESS OF THIS WEBSITE AND THE SERVICES AND USE OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED "AS IS" AND "WITH ALL FAULTS". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE, THE SERVICES OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THE SERVICES OR OF ANY MATERIALS OR THAT THIS WEBSITE, THE SERVICES OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE OR THE SERVICES IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR THE SERVICES. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.
WE SHALL NOT BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES WHATSOEVER OF ANY KIND OR NATURE AND IN ANY AMOUNT RELATED TO ANY ERRORS, SIMPLIFICATIONS, METHODOLOGY CHOICES, ASSUMPTIONS, OR ANY OTHER FEATURES THAT RESULT IN ACTUAL RESULTS/CALCULATIONS THAT ARE DIFFERENT FROM THOSE FORECASTED BY MONEYBEE USING OUR SERVICES. TAX APPROXIMATIONS USED FOR DETERMINING SOME OF YOUR TAXABLE INCOME (OR YOUR CLIENT'S TAXABLE INCOME) MAY NOT BE ACCURATE. CALCULATIONS MADE USING OUR TOOLS ARE INTENTIONALLY SIMPLIFIED AND ARE BASED ON ASSUMPTIONS ABOUT MANY UNCERTAIN FUTURE EVENTS. IN OUR METHODOLOGY CHOICES, WE SEEK TO ERR ON THE SIDE OF CAUTION. WE ENCOURAGE YOU TO DO THE SAME WHEN SETTING YOUR ASSUMPTIONS ABOUT THE FUTURE. WE ALSO STRONGLY ENCOURAGE YOU TO CONSULT WITH A FINANCIAL ADVISER/PLANNER WHO CAN PROVIDE A MUCH MORE DETAILED, VERSATILE AND PERSONALIZED SERVICE REQUIRED TO PROPERLY ASSIST YOU TO PLAN FOR YOUR RETIREMENT OR IMMEDIATE FINANCIAL FUTURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVISERS USING THE SERVICES UNDER A PROFESSIONAL LICENSE SHOULD NOT RELY UPON THE SERVICES AS A REPLACEMENT FOR ANY FINANCIAL OR ACCOUNTING SERVICES NORMALLY PROVIDED BY SUCH USER-ADVISER TO THIRD-PARTY CLIENTS.
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under the law and the extent of our liability shall be as limited and as allowed under any applicable laws.
YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED ON THIS WEBSITE OR UPON THE SERVICES AS FINANCIAL OR RETIREMENT PLANNING ADVICE. NO FINANCIAL, TAX, OR OTHER INFORMATION CONTAINED ON THIS WEBSITE OR YOUR USE OF THE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL OR ACCOUNTING ADVICE AND IS BEING PROVIDED FOR GENERAL INFORMATION AND USE PURPOSES ONLY. WE MAKE NO REPRESENTATION AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE ENCOURAGED TO CONFIRM ANY INFORMATION, CALCULATION, RESULT OR ASSUMPTION OBTAINED FROM OR THROUGH THIS WEBSITE OR THROUGH YOUR USE OF THE SERVICES WITH OTHER RESOURCES INCLUDING, BUT NOT LIMITED TO, LICENSED FINANCIAL OR ACCOUNTING PROFESSIONALS. UNDER NO CIRCUMSTANCES SHOULD YOU USE OR RELY ON ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR THROUGH YOUR USE OF THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL FINANCIAL OR TAX ADVICE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY TYPE OF DAMAGES YOU MAY INCUR, OF WHATEVER KIND OR NATURE, BASED UPON ANY INFORMATION CONTAINED ON THIS WEBSITE, OR THROUGH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY CALCULATIONS, ASSUMPTIONS OR RESULTS THEREOF THAT YOU ELECT TO RELY UPON.
WE HAVE NO CONTROL OVER AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR, WHETHER AND IN WHATEVER MANNER, ANY OTHER USER OF THE SERVICES OR THIS WEBSITE USES ANY INFORMATION OR CONTENT YOU PROVIDE THROUGH YOUR USE OF THIS WEBSITE OR THE SERVICES.
You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to i) Your use of and interaction with this Website and/or the Services in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in San Francisco, California. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney's fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA.
Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in San Francisco County, state of California, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of California, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.
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.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OUR SERVICES OR OTHERWISE ACCESS ANY RESTRICTED PORTIONS OF OUR WEBSITE.