Money Mentor

Terms

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Money Mentor is committed to helping every student get help paying for college. We're able to do this by selling our digital financial literacy curriculum to schools.

 

Terms of Use

Welcome to Money Mentor. The below terms govern your use of the money-mentor.com website and related Money-Mentor services (collectively, the “Services”).

These terms are a legally binding agreement between you and Money Mentor, Inc., (“Money Mentor,” “us,” “we”) a Delaware corporation (the “Company”).

Website and Service Terms and Conditions - General

The Money Mentor website (“Website”) and related services (together with the Website, the

“Service”) are operated by Money Mentor, Inc. (“Money Mentor,” “us,” or “we”), a brand of

CommonBond. Access and use of the Service is subject to the following Terms and Conditions

of Service (“Terms and Conditions”). By using the money-mentor.com website or registering

with the Services as defined below you acknowledge and agree that you have read, understand

and accept the terms and conditions described below (“Terms of Use”), including any future

modifications, and you agree to be bound by the Terms of Use and all terms, policies and

guidelines incorporated in the Terms of Use by reference. If you do not agree to abide by these

Terms and Conditions, you are not authorized to use, access or participate in the Service.

Subject to your remaining in compliance with the provisions of the Terms of Use, Money Mentor

hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-

sublicensable license solely to access and use the Services. The Services shall not be used in any

other manner or for any other purpose.

Use of the Services by children under the age of 13 is prohibited. By using the Services, you

warrant that you are 13 years of age or older.

User Generated Content

The Services include features which allow you to submit content that others can access, both

within and outside of the Services. You retain any rights you hold in content that you submit. All

content submitted to the Services is the sole responsibility of the user who submitted the content.

By submitting content to the Services, you give Money Mentor and its affiliates a worldwide and

royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate,

publish, publicly perform, publicly display, and distribute such content. This license continues

indefinitely beyond any termination of the Terms of Use for any reason by any party.

Money Mentor does not screen, review, or actively monitor any content submitted to the

Services and is not responsible for the accuracy or truthfulness of any user-submitted content.

Registration; Submission of Material for Translation;

In connection with registering for and using the Service, you agree to: (i) provide accurate,

current and complete information about you as requested by Money Mentor; (ii) maintain the

confidentiality of your password and other information related to the security of your account;

(iii) maintain and promptly update any registration information you provide to Money Mentor, to

keep such information accurate, current and complete; and (iv) be fully responsible for all use of

your account and for any actions that take place through your account.

None of the information contained in Money Mentor’s website or Services constitutes a

recommendation, solicitation or offer by Money Mentor or its affiliates to buy or sell any

securities or other financial instruments or other assets or provide any investment advice or

service. The information contained in Money Mentor’s website has been prepared without

reference to any particular user’s financial situation. The information contained and services

offered in Money Mentor’s website are not provided to, and may not be used by, any person or

entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws,

rules, or regulations of any governmental authority or regulatory or self-regulatory organization

or clearing organization or where Money Mentor is not authorized to provide such information or

services. Some products and services described in Money Mentor’s website may not be

available in all jurisdictions or to all potential users. The Service is not intended to be used as

recommendations for purchases of financial products.

Mobile Services

The Service includes certain services that are available via a mobile device, including: (i) the

ability to browse the Service and the Site from a mobile device, and (ii) the ability to access

certain features through an application downloaded and installed on a mobile device

(collectively, the “Mobile Services”). To the extent you access the Service through a mobile

device, your wireless service carrier’s standard charges, data rates and other fees may apply. In

addition, downloading, installing, or using certain Mobile Services may be prohibited or

restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By

using the Mobile Services, you agree that we may communicate with you regarding Money

Mentor and other entities by SMS, MMS, text message or other electronic means to your mobile

device and that certain information about your usage of the Mobile Services may be

communicated to us. In the event you change or deactivate your mobile telephone number, you

agree to promptly update your Money Mentor account information to ensure that your messages

are not sent to the person that acquires your old number. Standard message rates may apply.

Your Representations and Warranties

You represent and warrant to Money Mentor that your access and use of the Service will be in

accordance with these Terms and Conditions and with all applicable laws, rules and regulations

of the United States and any other relevant jurisdiction, including those regarding online conduct

or acceptable content, and those regarding the transmission of data or information exported from

the United States and/or the jurisdiction in which you reside.

Indemnification of Money Mentor

You agree to defend, indemnify and hold harmless Money Mentor and its directors, officers,

employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any

and all losses, claims, causes of action, obligations, liabilities and damages whatsoever,

including attorneys’ fees, arising out of or relating to your access or use of the Service, demands

or causes of action: (a) alleging infringement of any third party intellectual property rights based

on (i) your use of the Services, (ii) the use of any other software or hardware that is used in

conjunction with the Services, (iii) the unauthorized use of the Services, or (iv) use of the

Services not in conformance with the specifications or the requirements of the Terms of Use; (b)

based on the unauthorized use of the Services by you; (c) based on or resulting from a breach of

any provision of the Terms of Use by you; (d) any false representation made to us (as part of

these Terms and Conditions or otherwise); or (e) any claim that any translation we provide to

you is inaccurate, inappropriate or defective in any way whatsoever.

Disclaimer of Warranties and Limitation of Liability

Other than as specifically set forth herein, the Services is provided “AS IS” and “WITH ALL

FAULTS” and without warranty of any kind. You agree that the use of the Services is at your

own risk.

MONEY MENTORS MAKES NO WARRANTY OF ANY KIND TO YOU OR ANY THIRD

PARTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES,

OPERATION OF THE SERVICES, OR OUTPUT OF OR RESULTS OBTAINED FROM THE

SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY,

COMPLIANCE WITH APPLICABLE LAW OR NON-INFRINGEMENT AND ALL SUCH

WARRANTIES ARE HEREBY EXCLUDED BY MONEY MENTOR AND WAIVED BY

YOU.

LIMITATION OF LIABILITY. OTHER THAN AS SPECIFICALLY SET FORTH HEREIN,

IN NO EVENT SHALL MONEY MENTOR, ITS AGENTS, OR EMPLOYEES, HAVE ANY

LIABILITY TO YOU OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE GOODS

OR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF

USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) ARISING

IN ANY MANNER IN CONNECTION HEREWITH, OR OUT OF THE TERMS OF USE,

THE PERFORMANCE OR BREACH HEREOF OR THE SUBJECT MATTER HEREOF,

HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, BREACH OF

WARRANTY, NEGLIGENCE, STRICT PRODUCT LIABILITY, INFRINGEMENT,

GOVERNMENT AGENCY FINES OR ENFORCEMENT ACTIONS OR OTHERWISE, AND

WHETHER OR NOT MONEY MENTOR HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY

FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Modification and Termination of the Services

Money Mentor may, in its sole discretion, discontinue offering the Services or terminate or

suspend your access to the Services at any time.

Money Mentor reserves the right to change or modify any of the terms and conditions contained

in the Terms of Use at any time, in its sole discretion, by posting changes at (or another URL that

Money Mentor may provide from time to time https://www.money-mentor.com/terms/

e). You are advised to regularly review the policy. You accept modifications of the Terms of

Service through online acceptance of the terms or through your continued use of any part of the

Services following the posting of any such changes or modifications.

Money Mentor may terminate your access and use of the Service immediately at any time, for

any reason, and at such time you will have no further right to use the Service. You may terminate

your Money Mentor account at any time by following the instructions available through the

Service. The provisions of these Terms and Conditions relating to the protection and

enforcement of Money Mentor’s proprietary rights, your representations and warranties,

disclaimer of representations and warranties, release and indemnities, limitations of liability and

types of damages, ownership of data and information, governing law and venue, and

miscellaneous provisions shall survive any such termination.

Privacy

Money Mentor collects information about you through your use of the Services. By using the

Services, you agree that Money Mentor may retain and use information collected through your

use of the Services in accordance with the Money Mentor Privacy Policy located at

https://www.money-mentor.com/privacy. By using the Service, you consent to the terms of the

Privacy Policy.

Provisions: Enforceability and Survival

Should any provision of the Terms of Use be held by a court of competent jurisdiction to be

illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as

possible the same economic effect as the original provision, and the legality, validity, and

enforceability of the remaining provisions of the Terms of Use shall not be affected or impaired

thereby.

The failure of either party to enforce any term or condition of the Terms of Use shall not

constitute a waiver of either party’s right to enforce each and every term and condition of the

Terms of Use. No breach under the Terms of Use shall be deemed waived or excused by either

party unless such waiver or consent is in writing signed by the party granting such waiver or

consent. The waiver by or consent of a party to a breach of any provision of the Terms of Use

shall not operate or be construed as a waiver of or consent to any other or subsequent breach by

such other party.

The parties agree that the Terms of Use states the entire agreement between the parties with

respect to its subject matter and supersedes all prior agreements and representations of the

parties, oral or written. The Terms of Use may only be amended in a writing signed by duly

authorized representatives of both parties. The Terms of Use shall be binding upon an inure to

the benefit of the parties’ authorized successors, legal representatives, and authorized assigns.

Notices

All notices, demands, requests, consents, or other communications required or permitted by the

Terms of Use (“Notices”) shall be in writing and sent to the parties at their current known

addresses, or to such other addresses as either party may specify in writing. Notices shall be

deemed duly served on or delivered: (1) when delivered personally, (2) when sent to the other

party by certified mail, return receipt requested, (3) when delivered by hand or sent by

recognized overnight courier (with acknowledgement received by the courier), or (4) sent by

facsimile, electronically confirmed and followed up immediately by standard United States mail.

Disputes

The Terms of Use shall be governed by and construed in accordance with the laws of the State of

New York without reference to its principles of conflicts or choice of law. The parties hereby

opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by

law.

THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING

OUT OF OR RELATED TO THE TERMS OF USE OR ANY CONFIDENTIAL

INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES

THAT ARE SUBJECT TO THE TERMS OF USE.

Any and all disputes arising under the Agreement shall only be resolved by courts located in the

State of New York and the parties hereto consent to the venue therein, the exclusive personal

jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in

connection with any dispute arising out of or in connection with the Terms of Use.

In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall

be entitled to recover its reasonable attorneys’ fees and costs.

Contacts

You agree that we and any of our affiliates, agents, service providers, or assignees may call you,

leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other

electronic message for any purpose related the Services, survey, or research (each a

“Communication”). You agree that we and any of our affiliates, agents, service providers or

assignees may call or text you at any telephone number associated with the Services. If you

choose to update your contact information with us, including your cellular telephone numbers,

we may use it for Communication. You also agree that we and any of our affiliates, agents,

service providers, or assignees may include your personal information in a Communication and

may conduct a Communication using an automatic telephone dialing system. We will not charge

you for a Communication, but your service provider may. In addition, you understand and agree

we and any of our affiliates, agents, service providers or assignees may always communicate

with you in any manner permissible by law that does not require your prior consent.

Language

This agreement was originally written in English (US). To the extent any translated version of

this agreement conflicts with the English version, the English version controls.