The Money Mondays LLC Terms and Conditions
The The Money Mondays LLC, a California Limited Liability Company, (hereinafter the “Company”) provides its services and products subject to the conditions contained herein, and by visiting any or all of the Company’s websites (“Sites” regardless of whether used singularly or in the plurality) or purchasing any product provided (including the program The Money Mondays as well as any products, offerings, services, and transmissions that are connected to or ancillary with such program) (“Program”)), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced below (collectively, “Terms of Service”). You may be able to access certain parts of the Sites or the Program by signing up and becoming a user of the Sites with a username and password (“User”). If you are unwilling, unable or do not agree to be bound by all of these Terms of Service in their entirety, do not access or use the Sites or purchase any service or product offered, including the Program or become a User of the Sites. You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Company reserves the right to amend Terms of Service from time to time at its sole discretion. It is agreed that any such amendment will apply to you and does not require prior notification to you from the Company.
1. Informational Use Only; No Reliance on Information. The information presented on this Site and presented in the Program (Collectively the “Services”) is opinion only and shall only be used for educational purposes.
Your consent to these Terms of Service acquiesces that the Company shall not be liable or responsible in any way for any action or inaction on your part, or for any direct or indirect result of any information provided.
The contents of the Services, including the text, graphics, images, information, and opinions obtained from the Company’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only. The Services are administered in the United States (US) and intended for US users only; if you are outside of the US you visit the Sites at your own risk; you are responsible for compliance with any local laws applicable to your use of the service or the website.
The Services contains information, opinions, data, software, photographs, videos, typefaces, graphics, audio, and other material (collectively "Content"). The Company only provides a product information website and is not a publisher or distributor with respect to any and all Content supplied by parties other than the Company.. Therefore, any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by the Company are those of the respective authors or distributors and not of the Company. Neither the Company, any of its agents, representatives, affiliates and partners, nor any third party, including any Provider, guarantees the accuracy, completeness, or usefulness of any Content, of the Services, any products offered nor any merchantability or fitness for any particular purpose. In many instances, the Content available through the Services represents the opinions and judgments of the respective Provider or User not those of the Company. Testimonials, case studies, and examples found on the Sites or the Program are exceptional results, do not reflect the typical purchaser's experience, don't apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. You should always perform your own independent due diligence.
The content of this Program is designed for instructional and educational purposes only. It expresses the views, opinions, and experiences of Dan Fleyshman, based upon her own individual life experiences as she lived them. Further, the opinions provided in the Program are not intended to represent or warrant the accuracy or truthfulness of any particular statement or any information disseminated therein. Therefore, Dan Fleyshman, as well as all individuals or entities participating in the Program (including the Sites) and in the production and distribution of the Program (including the Sites), disclaim any and all warranties or representations of any nature whatsoever.
Under no circumstances shall the Company be liable for any loss, damage, or harm caused by a User's reliance on information obtained through the Sites. It is the responsibility of a User to evaluate the information, opinion, advice, or other Content available through the Services.
The Company does not control the Content provided in the Services, including the content of any opinions or messages of Dan Fleyshman, and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use and/or misuse of any Content. You are responsible for complying and will comply with all laws applicable to the Content you submit via the Sites and use of the Program. You agree that you must evaluate and bear all risks associated with the use of any Program and its Content, including any reliance on anything provided therein, its integrity or accuracy.
1B. Consent to Receive SMS Marketing Messages
By providing The Money Mondays LLC with your SMS number, you hereby opt-in to receiving SMS marketing messages from us. You acknowledge that your consent to receive such messages is not a condition of purchasing any goods or services from us. You also understand that you may opt-out of receiving SMS marketing messages at any time by replying STOP to any of our messages or by contacting us at support(at)themoneymondays.com. You acknowledge that you are responsible for any message or data rates that may be charged by your cellular provider as a result of receiving SMS marketing messages from us. You represent that you are the owner or authorized user of the cellular device used to subscribe to our SMS marketing messages and that you are authorized to incur any applicable charges. The Money Mondays LLC will not be liable for any delays or failures in receipt of any SMS messages, including delays or failures due to your carrier's SMS service. If you have any questions or concerns about our SMS marketing program, please contact us at support(at)themoneymondays.com.
2. Changes to the Terms of Service
You agree and understand that these Terms of Service, the Sites and/or the Services may be modified by the Company at any time without prior notice, and such modifications will be effective upon the Company’s posting of the new terms and/or upon implementation of the new changes on the Sites. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Sites and/or Services after any modifications expresses your explicit acceptance of the modified Terms of Service. Unless expressly stated otherwise by the Company, any new features, new services, enhancements, or modifications to the Service implemented after your initial access to the Service will be subject to these Terms of Service.
The Company may terminate these Terms of Service for any reason, at any time, by posting on the Sites. All provisions of these Terms of Service which reasonably apply after termination hereof will survive termination of these Terms of Service; and specifically, Sections 2 (Changes to terms of Service), Section 8 (Disclaimer), Section 9 (Limitation on Liability), Section 10 (Indemnity), Section 11 (Governing Law) Section12 (Class Action Waiver) Section 13 (Invalidity and Waiver), Section 17 (Ownership and Intellectual Property).
3. Age Restriction.
CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE ANY OF THE SITES NOR PURCHASE ANY PRODUCT OR SERVICE, IN COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (“COPPA”). If you are between the ages of thirteen (13) and eighteen (18) years of age, you may only visit the Sites in conjunction with the permission, and under the supervision, of your parent or legal guardian who has agreed to the Terms of Service.
4. Registration and Security.
In order to use or access some of the Services, you may be required to register on the Sites and to select a password and username, which will consist of an email address you own ("User ID"). Additionally, you understand that by transmitting your email address or phone number you consent to the Company and any affiliated companies contacting you by email, phone, or text message and offering you the opportunity to purchase various products and/or services which may be available from time to time. If you register, you agree to provide the Company with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account and any other appropriate actions. You may not: (a) enter, select, or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (b) use as a User ID name subject to any rights of a person other than yourself without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID, at any time in its sole discretion. You will be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services will be for your personal use only. You agree to (a) immediately notify the Company in writing of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session so as not to allow unauthorized access to the Services.
5. Restrictions on Rights to Use.
You agree that you will not (and will not allow any third party to):
• Modify, adapt, translate, create any derivative work of, or reverse engineer any portion of the Services;
• Remove any copyright, trademark, or other proprietary rights notice contained in or on the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve or index any portion of the Sites;
• Collect any date which may be accessible on the Sites or through the Services, including Information about other Users (including usernames and/or email addresses);
• Reformat or frame any portion of the Sites;
• Create any User account by automated means or under false or fraudulent pretenses;
• Create or transmit unwanted electronic communications such as “spam” to other Users of the Sites or purchasers of the Program or otherwise interfere with other User's enjoyment of the Sites or other User’s enjoyment of the Program;
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature onto or through the Sites;
• Use the Sites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including those that are deemed threatening or obscene) or impersonate any person or entity;
• Copy, use, or store any Content available on the Sites or in the Program other than for your own personal use;
• Copy, use, or store the Program, or any part or parcel thereof, other than for your own personal use;
• Use any device, software, or routine that interferes with the proper working or functionality of the Sites (including, but not limited to accessing the Program), or otherwise attempt to interfere with the proper working or functionality of the Sites in any manner;
• Take any action that imposes, or may impose (as determined in the Company’s sole discretion), an unreasonable or disproportionately large load on our (or our suppliers') IT infrastructure;
• Use any Content marked as obtained from or belonging to the Company, its affiliates, or any of either’s licensors, except in compliance with these Terms of Service;
• Use the Sites, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation; or
• Register more than one User account;
• Collect or store personal data about other Users in connection with any prohibited activity described in this paragraph.
6. Communications.
When you visit the Sites or fill out any online forms, you are communicating with the Company electronically and you consent to receive communications (including legal notices) from the Company electronically. The Company, or one of its affiliates, will communicate with you by email, phone, text messages, mail, or by posting notices on the Sites. The Company may also deliver communications to you electronically. 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. In addition, the Company may deliver communications (including legal notices) to you at the street address you provided. Finally, the Company may deliver communications to you by any means set forth in any other Company policy or notice published on the Sites.
If you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the Sites, such activity is solely between you and the applicable third-party. The Company will have no liability, obligation, or responsibility for any such activity. You hereby indemnify and release the Company from all claims arising from such activity.
7. Content Posted By You on the Sites.
• You are solely responsible for any Content and other material that you submit, publish, display on the Sites or transmit to the Sites (hereinafter, "Posted Content").
• You agree not to post, distribute, or reproduce in any way on the Sites any copyrighted material, trademarks, or other proprietary or confidential information, without obtaining the prior written consent of the owner of such property. You agree not to submit or post to the Sites any Posted Content or other material that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or any other rights of any party.
• You agree not to provide any Posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by the Company, any of its representatives, affiliates or partners, or by anyone associated or affiliated with the Program.
• You agree not to provide any Posted Content that is unlawful, or that promotes or encourages illegal activity.
• You understand and agree that the Company may review and delete any information, business listings (including business name, address, phone, fax, distance, reviews, rating) or other Posted Content that in the sole judgment of the Company violates these Terms of Service or which might be offensive, obscene, illegal, inappropriate, or that might violate the rights of, harm, or threaten the safety or security of other Users of the Sites or the public at- large.
• You agree that you will only provide Posted Content that you believe to be true, and you will not purposely provide false or misleading information. • By posting Posted Content on the Sites, you agree to and hereby do grant, and you represent and warrant, that you have the right to grant, the Company and its agents, representatives affiliates and partners, and the Users of the Sites as may be permitted by the Company, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non- exclusive, except you agree that the Company, and its agents, representatives, affiliates, and partners will have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Users for purposes of constructing or populating a searchable database, forum or other aggregation of business use in the sole discretion of the Company.
• Below is a partial list of the kind of Posted Content and communications that are illegal or prohibited on or through the Sites. The Company reserves the right to investigate and take appropriate legal or other action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Sites and blocking your use of the Sites and access to any materials contained therein, including, but not limited to, the Program. You may not post Content that:
o Is false or intentionally misleading;
o Is patently offensive to Users of the Sites, such as Content or messages that promotes racism, sexism, genderism, bigotry, body shaming, discrimination, hatred or physical harm of any kind against any group or individual;
o Harasses or advocates harassment of another person; o Involves the transmission of unsolicited mass mailing or “spamming”;
o Violates the intellectual property or other rights of any person;
o Promotes illegal activities or conduct that is abusive;
o Is threatening, obscene, defamatory or libelous;
o Is pornographic or sexually explicit in nature; or
o Seeks or recommends providers of material that exploit people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under
18. 8. Disclaimer.
THE SITES AND ANY PRODUCTS OFFERED ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. THE COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES, PARTNERS, AND AFFILIATES) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OFFERED ON THE SITES, INCLUDING, BUT NOT LIMITED TO, THE PROGRAM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES, PARTNERS, AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE. THE COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES, PARTNERS, AND AFFILIATES) FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SITES OR TO ANY CONTENT OR OPINIONS EXPRESSED IN THE PROGRAM. TO THE EXTENT AN IMPLIED WARRANTY CAN NOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITES.
The Company does not warrant or covenant that the Sites will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Sites are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Sites, including the Program, is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or other use accessing of any such material. NOTHING ON THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Although the Company takes utmost efforts to provide accurate, helpful information on the Sites, nothing contained therein is any professional assurance or opinion and there is no guarantee that anything provided therein or any product, service, information or opinion fits your particular situation. Nothing stated or presented on the Sites or in the Program are intended to be a substitute for professional medical advice, diagnosis, or treatment.
9. Limitation on Liability.
The Company will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including any so-called "line-noise" interference). WITHOUT LIMITING THE FOREGOING, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL THE COMPANY OR ITS AGENTS, REPRESENTATIVES, PARTNERS, AFFILIATES, OR SUPPLIERS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR DAMAGE OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU FOR ANY PRODUCT OFFERED ON THE SITES OR (ii) ONE HUNDRED DOLLARS (U.S.$100). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
10. Indemnity.
You agree to defend, indemnify, and hold the Company, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your (i) use of or access to the Services, (ii) purchase of any product offered (including, but not limited to, the Program), (iii) the violation of these Terms of Service by you (or any third-party using your account or User ID or password, if applicable) and (iv) infringement, or that of any third-party using your account or User ID or password, of any intellectual property or other right of any person or entity in connection with the Services. You agree to indemnify, defend, and hold harmless the Company, and our officers, directors, employees, agents, licensors, and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties, or other costs, including but not limited to reasonable attorneys’ fees, brought by third-parties as a result of: (i) your violation of the Terms of Service; (ii) your use of the Sites; (iii) your violation of any law or the rights of a third party.
11. Governing Law; Dispute Resolution.
This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of a dispute regarding this Terms of Service Agreement or the respective rights of the Parties hereunder, the Parties agree to submit such dispute exclusively to binding arbitration under Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), at the discretion of the Party filing such demand for arbitration, in Los Angeles, California before a single professional arbitrator selected by the Parties or, if the Parties cannot agree on an arbitrator, appointed by JAMS or AAA, as relevant. Any such arbitration shall be commenced within fifteen (15) days of the selection of the arbitrator and the discovery rules contained in the California Rules of Civil Procedure shall apply to all such proceedings in the event the arbitrator does not set out alternative discovery rules. The arbitrator shall order all remedies permitted by law, award attorney's fees and costs to the prevailing party, and require that the entire proceeding, including the existence of the proceeding, be held confidential by the Parties, and shall not be disclosed by any Party. Any and all orders issued by the arbitrator shall be enforced by a state court of competent jurisdiction located in Orange County, California.
12. Class Action Waiver
This Agreement does not allow class or collective arbitrations or actions, and any and all proceedings to resolve claims (for any cause of action and regardless of such whether such claim is with respect to the Sites, Program, or both) will be conducted only on an individual basis and not in a class, consolidated, mass, or representative action. You agree that you may bring claims against the Company, including our affiliate companies, only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, mass, or representative proceeding.
13. Invalidity and Waiver
If any portion of this Terms of Service Agreement is held invalid or inoperative, then so far as is reasonable the remainder of this Terms of Service Agreement will be deemed valid and operative, and effect will be given to the intent manifested by the portion held invalid or inoperative. Except to the extent provided otherwise herein, the failure by the Company to enforce any term or provision of this Terms of Service Agreement will not constitute a waiver of the Company’s right to enforce any other such term or provision.
14. Assignment
The Company may assign its rights and duties under this Terms of Service Agreement to any party at any time.
15. Contact and Violations.
Please contact us with any questions regarding these Terms of Service, or to report any violations of the Terms of Service
16. Privacy.
The Company will observe applicable data protection laws and will not use information that does or can be used to personally identify You (“Personal Data”) other than as set out in the Company’s Privacy Policy (“Privacy Policy”).
17. Ownership and Intellectual Property.
The Sites (including, but not limited to, all text, photographs, graphics, video, and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All Content and other elements of the Sites are also copyrighted works. Except for the Content submitted by Users and third-party Content, all remaining Content including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by the Company, its affiliates or its licensors and for which the Company has access and authority to use. You acknowledge that the Company and any underlying technology or software used in connection with the Sites contain the Company’s confidential or proprietary information. You will not copy, perform, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on Sites, in whole or in part, except as expressly permitted under these Terms of Service. Except as expressly and unambiguously provided herein, the Company and its suppliers do not grant you any express or implied rights, and all rights in and to the Sites not expressly granted by the Company to you are retained by the Company. The Company’s use of certain trademarks, service marks, images, and likenesses are owned by the Company, its affiliates or its licensors and for which the Company has access and authority to use.
18. Subject to Availability; All Sales Final.
Any prices, quotations, and descriptions made or referred to on the Sites are subject to availability and may be withdrawn or revised at any time prior to our express acceptance of your order.
While the Company makes every effort to ensure that items appearing on the Sites are available, the Company cannot guarantee that any items are in stock or immediately available when you submit your order.
ALL SALES ARE FINAL! THE COMPANY will not provide a refund for any reason
You hereby recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
All Payments shall not be refundable under any circumstances!
19. Miscellaneous.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service; and you do not have any authority of any kind to bind the Company in any respect whatsoever.
20. Contact and Violations
Please contact us with any questions regarding these Terms of Service, or to report any violations of the Terms of Service.