MoneyWellth Terms of Use
Last Updated May 8, 2024
These Terms of Use (or “Terms”) for MoneyWellth, LLC (“MoneyWellth”, “us”, or “we”) govern your use of our Services, which include the MoneyWellth App (or “App”), MoneyWellth.com and our other websites and online channels (collectively, the “Site”), and other products or services we may offer from time to time. These Terms will remain in effect as long as you access or use the Services. Additional, separate terms that apply to your use of the Services will be considered to form part of these Terms.
Please read these Terms carefully. By accessing or using the Services in any manner, you accept and consent to these Terms and all documents incorporated by reference. You can also accept the Terms by downloading the App, creating a MoneyWellth account, or clicking to accept or agree to the Terms where this option is made available to you. If you do not agree to these Terms, do not access or use the Services.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND MONEYWELLTH.
If you have any questions regarding our Services or these Terms, please contact us at legal@moneywellth.com.
1. ELIGIBILITY
To use the Services, you must be at least 18 years of age and residing in the United States or Canada, not barred from receiving such services under applicable law, and have never previously been suspended or removed from any of MoneyWellth’s Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services.
2. YOUR ACCOUNT
To use the App, you must create a MoneyWellth account and select a username and password. By registering to create your account, you agree to: (a) submit a valid e-mail address and password, along with your first and last name to create your account; (b) submit and maintain complete and accurate information; (c) keep confidential all aspects of your account including your user name and password, and content associated with and within it; (d) be responsible for any and all uses of your account, whether or not you've authorized such use; (e) immediately notify us in writing of any unauthorized use of your account; and (f) not use the Services for any unlawful or otherwise prohibited activity. MoneyWellth is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your account with others.
3. Not a Financial Planner or Advisor; NO PROFESSIONAL SERVICES
MoneyWellth is a personal finance information management service designed to expand access to education and resources for users. The Services are provided for informational purposes only. MoneyWellth is not a financial institution, and the Services are not subject to the Gramm-Leach-Bliley Act. NEITHER MONEYWELLTH NOR THE SERVICES ARE INTENDED TO PROVIDE FINANCIAL OR TAX PLANNING OR ADVICE, LEGAL SERVICES, HEALTH ADVICE OR CARE, OR ANY OTHER KIND OF PROFESSIONAL LICENSED SERVICES. Your financial situation is unique, and any information or advice obtained through the Services may not be appropriate for your situation. MoneyWellth encourages you to obtain advice from a dedicated financial advisor before making any final decisions or implementing any financial strategy. You are also encouraged to seek professional advice and care for all financial planning, tax, legal, and health matters. MoneyWellth disclaims all liability and responsibility arising from your use of our Services. You use the Services at your own risk.
4. LICENSE GRANT
MoneyWellth grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of MoneyWellth or any third party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms.
5. Privacy Policy
You acknowledge that you have read and understand our Privacy Policy.
6. Services
MoneyWellth offers the Services (a) to companies and organizations as a paid subscription (“Sponsors”) to grant access to you as an employee or member of the Sponsor as a benefit (“Sponsored Services”) or (b) to you as an individual end user on a subscription basis (“Individual Services”) in exchange for the fees stated at the time you download the App. Individual Services and Sponsored Services may have different access levels to certain features, components, content, or resources of MoneyWellth. Fees for subscriptions are payable in advance against the payment method on file with MoneyWellth and are either paid (i) by you as the user of Individual Services or (ii) by the Sponsor under a separate agreement with MoneyWellth. MoneyWellth reserves the right to provide the Services at differing features and levels for Sponsors Services versus Individual Services, and we reserve the right to eliminate or modify any or all of the functionality of the Free Service at any time without any prior notice to you.
a. Sponsored Services. If you are granted access to Sponsored Services, your access to the Services has been paid for by our Sponsor, and you will be able to use Sponsored Services features until the expiration of a term of the agreement between your Sponsor and MoneyWellth. The Sponsor paying for your Sponsored Services subscription controls the scope and duration of the subscription by which you may access the Sponsored Services and may terminate your access to it. You agree that MoneyWellth will not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Sponsored Services that were originally provided to you by such Sponsor. If you had Sponsored Services paid through a Sponsor, but you are no longer eligible to receive such benefit from the Sponsor, it is also possible that your Sponsored Services account will terminate with us, and you will have to sign up for a new account.
b. Individual Services. If you subscribe to Individual Services, you will be responsible for all fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) related to the subscription that you select when you subscribe. Your Individual Services subscription begins on the date you subscribe and continues until terminated by you or by MoneyWellth as permitted under these Terms. Your Individual Services subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of Individual Services or continued use of the paid subscription features of the Individual Services will reaffirm that we are authorized to charge your payment method. You may terminate Individual Services by giving MoneyWellth notice of termination within the App or in writing to support@moneywellth.com and deleting the App from your device. Until terminated, MoneyWellth will charge or debit your payment method at the rate and intervals stated when you subscribed to the Individual Services. If your credit or debit account has been closed or your payment method is otherwise invalid, we may cancel your subscription effective immediately. MoneyWellth reserves the right to change subscription fees at any time with prior to you.
c. Lenux Health. If your Sponsor contracts to provide you with access to the Lenux Health services, (i) you may download, access, and use lenuxhealth.com in combination with your Sponsored Services and (ii) you hereby authorize MoneyWellth to share your account and use data with Lenux Health to provide you with both services.
7. Fees
You are responsible for all charges and fees associated with connecting to and using the Services, including without limitation all wireless and/or internet service provider fees, devices and equipment, sales taxes and any other fees and charges necessary to access the Services. If you are an Individual Services subscriber, you are also responsible for the fees stated at the time of subscription. Your initial billing period may be less than a full month, in which case, your fees for that initial billing period will be prorated accordingly. All fees are quoted in United States dollars. We reserve the right to change our subscription levels or adjust our fees or any components thereof in any manner and at any time.
a. Payment Method. MoneyWellth may require you to maintain a valid payment method on file us. You agree that MoneyWellth may charge your payment method for all fees and charges you incur while using the Services and for which you are responsible according to your Services level, as well as any sales and use taxes and any late fees or interest (as described below). You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others. There are no refunds or credits for partially used periods.
b. Late Payment. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
8. ACCEPTABLE USE
You represent and warrant that (a) you will use the Services in compliance with applicable laws; (b) any information you submit to us is truthful and accurate; (c) you will maintain the accuracy of that information; (d) you will not do anything that might jeopardize the security of your account; and (e) you will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Policy.
You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services.
You further agree not to (i) upload any User Content (defined below) or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
9. PROHIBITED ACTS
You are strictly prohibited from violating or trying to violate our security features, such as by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
10. ARTIFICIAL INTELLIGENCE
Certain aspects of the Services may offer features powered by artificial intelligence technology (“AI Features”). You may interact with an AI Feature on the App or the Site through prompts and other data inputs (your “Inputs”) and you will receive outputs generated and returned by the AI Feature based on your Inputs and the data used to train the AI Feature (“Outputs”). AI Features are intended for your personal use only. If you use an AI Feature for another purpose, you do so at your own risk and subject to these Terms of Use. MoneyWellth makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. It is your responsibility to evaluate Outputs for your own use.
You acknowledge and agree that, due to the nature of artificial intelligence technology, Outputs may not accurately reflect real people, places, or facts. Additionally, you understand and agree that:
· Outputs may provide incomplete, incorrect, or offensive information.
· Outputs may not be unique across users and the AI Feature could generate the same or similar output for different users.
· You must not use Outputs for any purpose that could have a legal or material impact on a person (e.g., credit, educational, employment, housing, insurance, legal, medical, or other important decisions).
· Outputs may not always be accurate. You should not rely on Outputs as factual information or as a substitute for professional advice. You are responsible for verifying the facts presented in Outputs and using human review before using or sharing Outputs.
· You will not use the intellectual property of any person or entity as Inputs unless you have a license or other permission to do so. You will not otherwise use the AI Feature to infringe another person’s or entity’s intellectual property rights. You are solely responsible for your use of another person’s or entity’s intellectual property as Inputs.
· Outputs do not represent MoneyWellth views. Outputs that contain references to third-party services does not mean the third party endorses or is affiliated with MoneyWellth.
· You must be at least 18 years old to use the Services, including any AI Features on the Services. MoneyWellth does not knowingly permit registration or use of AI Features by children.
As between you and MoneyWellth, and to the extent permitted by applicable law, you retain your ownership rights in your Inputs, and you own your Outputs. We hereby assign to you all our right, title, and interest, if any, in and to Outputs. If MoneyWellth is deemed the owner of any of your Inputs or Outputs that is intended to be owned by you pursuant to these Terms, MoneyWellth hereby assigns to you all its right, title, and interest in and to such Inputs or Outputs. You are solely responsible for the accuracy, legality, completeness, and results of your Inputs and Outputs, including for ensuring that it does not violate any applicable laws or these Terms. You hereby grant MoneyWellth an unlimited, fully paid, non-exclusive, perpetual license to access and process your Inputs and Outputs without restriction for MoneyWellth’s internal business, legal, or compliance purposes or for any other purpose described in our Privacy Policy.
Under no circumstances will MoneyWellth be liable to you or any third party in any way for any data or other content viewed, copied, distributed, performed, made public, derived from the use of, or created as Outputs while using an AI Feature, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
11. INTERACTIVE FEATURES
The Services may provide interactive forums, chats, bulletin boards, or other interactive features (collectively "Interactive Features"). You are solely responsible for your use of Interactive Features, any User Content you upload or submit, and the consequences of such use. MoneyWellth does not assume any responsibility for the truthfulness, accuracy, or reliability of any material posted in any Interactive Feature, or of consequences of any use of the Interactive Feature by any person.
12. PROPRIETARY RIGHTS
Unless otherwise expressly indicated, the information contained on our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information, and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks, on the Site or in our other Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) owned, controlled, or licensed by MoneyWellth or its affiliates, or are the property of their respective owners. No license to or regarding any of the Contents is granted in connection with your use of the Services. You understand that your use of the Services does not authorize you to use any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents in any way that disparages us or might confuse others. Any other use of the Contents in the Services including reproduction for purposes other than as noted herein, without the prior written permission of MoneyWellth, is strictly prohibited. Only a duly authorized officer of MoneyWellth may grant permission or a license to use any of our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of MoneyWellth is invalid.
a. Copyright. The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of MoneyWellth. You may only display, download, or print the Contents for the purpose of using the Services as an internal or personal business resource.
b. Trademarks. The term MoneyWellth, the MoneyWellth Logo (in various stylizations), registered and unregistered trademarks of MoneyWellth, product and service names, service marks, product names and trade names associated with MoneyWellth, are exclusively owned by MoneyWellth and may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of MoneyWellth. You may not use any meta tags or any other hidden text utilizing a MoneyWellth name, trademark, or product name without MoneyWellth’s prior written permission. Third party trademarks and service marks used in our Services are the property of their respective owners, and we use them with their consent. MoneyWellth and the other licensors of the marks in our Services reserve all rights with respect to all Contents and all intellectual property.
c. Feedback. You may from time-to-time provide us materials, communications, suggestions, comments, improvements, ideas, or other feedback related to the Services (“Feedback”). You hereby additionally grant us all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site or our Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
d. User Content. The Services may include features that enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content (“User Content”) to and via the Services. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to MoneyWellth a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.
You are responsible for your User Content. MoneyWellth relies on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. MoneyWellth may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
f. Third-Party Content. The Services may display content or features that are owned or operated by a third party (“Third-Party Content”) not MoneyWellth. The owners and operators of Third-Party Content are solely responsible for Third-Party Content on the Services. MoneyWellth does not guarantee the accuracy of the Third-Party Content or its compliance with the third parties’ terms of use or privacy policies. You should review any notices or agreements regarding Third-Party Content to make sure you agree with their services, policies, and terms. MoneyWellth is under no obligation to ensure that Third-Party Content is error-free, accurate, or up to date. We may (but are not obligated to) review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third-Party Content that we reasonably believe violates our Terms or the law.
The Services may also contain links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such third-party websites and/or vendors. Accordingly, we cannot and will not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit, both directly and indirectly relating to the Services. MoneyWellth is not responsible or liable for the actions or omissions of any third party regarding its use, processing, sharing, or transferring of data or content.
g. Copyright Infringement/DMCA Notice. MoneyWellth takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact us at legal@moneywellth.com.
Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by MoneyWellth to infringe a copyright or otherwise violate any intellectual property rights, MoneyWellth will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
13. COMMUNICATIONS
In connection with your use of the Services, you agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information, and other important information. If you opt-in to our text/SMS notifications, in-App notifications, or email list, you agree that MoneyWellth may send you notifications and messages in alignment with your stated communication preferences. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from us to you, or by altering your communication preferences in your account.
If you opt-in for text/SMS notifications, MoneyWellth may send you text/SMS notifications relating to service announcements, administrative messages, notifications, offers, promotions, affiliate information, and other important information. The frequency of SMS messages may vary. You can cancel the text/SMS notifications at any time by replying “STOP” or “UNSUBSCRIBE” to any MoneyWellth text/SMS message. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
Please note that you are not able to opt out of certain material transactional or data privacy emails, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. SOFTWARE REQUIREMENTS
You must have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the App on a mobile device. The Software Requirements are listed on the relevant application page. App software may be upgraded from time to time to add support for new functions. The App may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the App. Data and messaging charges may apply to your use of the App or any text messaging or photo sharing features you use via the App. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for use of the App.
MoneyWellth may make versions of the App available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to MoneyWellth accessing all data, including your Personal Information, input or collected via your use of the Services for MoneyWellth to identify bugs, discrepancies, errors, or improvements in the App. You also understand and agree that we may contact you to learn more about your use of the App or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. MoneyWellth reserves the right to condition your access to and use of a Beta Version on your execution of a Nondisclosure Agreement.
15. UPDATES
From time to time, we may, in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.
16. ENFORCEMENT
MoneyWellth reserves the right (but is not required) to remove or disable your access to our Services, any Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services or your User Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
17. TERMINATION
These Terms remain in effect as long as you use any of our Services. You may terminate these Terms at any time by canceling your account (if any), deleting the App, and ceasing all use of the Services, in which case your termination will be effective immediately. If you cancel or otherwise terminate these Terms, we will retain any fees you already paid to us under these Terms. We may terminate your use of the Services and these Terms immediately upon giving notice to you if you breach any of these Terms or any other agreement between you and us. In addition, we may terminate your use of the Services and these Terms at any time and for any other reason. You agree that all terminations shall be made in MoneyWellth's sole discretion and that MoneyWellth shall not be liable to you or any third party for any termination of your account or access to the Services.
Upon termination of these Terms (a) the rights and licenses granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Services that have been terminated; and (c) MoneyWellth may at its own discretion remove and/or purge data, User Content, account information, and any other information obtained by us in connection with providing you the Services. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Sections 3, 6, 8 through 13, 16, 18 through 21, and 23 shall survive termination of your account and/or the Terms.
18. DISCLAIMER OF WARRANTIES
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MONEYWELLTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Without limiting the generality of the foregoing, we make no warranty that the Services or our Contents will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Contents.
19. LIMITATION OF LIABILITY
NEITHER MoneyWellth NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, FINANCIAL MATTERS, HEALTH OR MEDICAL ISSUES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONEYWELLTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MONEYWELLTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MONEYWELLTH, ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MONEYWELLTH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
You agree to indemnify and hold MoneyWellth and its subsidiaries, affiliates, officers, MEMBERS, OWNERS, agents, representatives, employees, partners, and licensors harmless from any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR HEALTH AND FITNESS ACTIVITIES, USER Content, PARTICIPATION IN ANY PROMOTION OR EVENT (WHETHER OR NOT MONEYWELLTH sponsors, organizes, participates in, or whose Services are used in connection with SUCH EVENT), violation of the Terms, or violation of any rights of another person or entity.
21. dispute resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and MoneyWellth arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services to you; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
a. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against MoneyWellth, you agree to try to resolve the Dispute informally by contacting legal@moneywellth.com. MoneyWellth will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or MoneyWellth may bring a formal proceeding.
b. Arbitration Agreement. You and MoneyWellth each agree to resolve any Disputes through final and binding arbitration. The Arbitration Service of Portland, Inc. will administer the arbitration and determine payment of fees under its rules. The arbitration will be held in Portland, Oregon, United States or any other location we agree to. Notwithstanding the foregoing, either you or MoneyWellth may assert claims, if they qualify, in small claims court in Lake Oswego, Oregon, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
c. Class Action Waiver. You may only resolve Disputes with MoneyWellth on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
d. Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles. The Federal Arbitration Act, Oregon state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Clackamas County, Oregon, USA to enforce these Terms or adjudicate any other Dispute, and you and MoneyWellth each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and MoneyWellth agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Clackamas County, Oregon.
e. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.
22. THIRD PARTY LINKS
The Services may include links to other websites or resources through our Services. MoneyWellth does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that MoneyWellth is not responsible for the availability of such external websites or resources.
23. MISCELLANEOUS
a. Geographic Restrictions. MoneyWellth is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to our Services, or certain third-party services available through the Services, may not be legal by certain persons or in certain countries.
b. Entire Agreement. Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MoneyWellth and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MoneyWellth and you regarding the Services and our Contents.
c. Relationship of Parties. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. The parties’ relationship as established by these Terms is solely that of independent contractors.
d. Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MoneyWellth may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
e. Waiver; Severability. MoneyWellth’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MoneyWellth. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
f. Consent to Electronic Communications. By downloading or using our Services, creating a profile, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) our communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at legal@moneywellth.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
g. Notices. MoneyWellth reserves the right to update the Terms at any time and for any reason in its sole discretion. MoneyWellth will notify you of any material changes to the Terms or to any service or other features of the Services. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to particular pages of the Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
h. Amendments. MoneyWellth reserves the right to amend these Terms of Use at any time by updating this posting. Your continued use of our Services following the posting of an updated Terms of Use constitutes your acceptance of such amendments. If the updated Terms are not acceptable to you, your choice is to discontinue all use of the Services and delete the App from your device(s). You are advised to periodically visit this page to determine the then-current Terms of Use.