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Terms & Conditions

TERMS AND CONDITIONS

 Last Updated: December 22, 2020

These Terms of Use are entered into by and between MilleMoney, A New Jersey Limited Liability Company (“Company”, “company”, “Us”), and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User. On our website we provide an online resource for the education of trading of securities, through interactive chat rooms, research tools, and educational classes.

By accessing or using the Service, you agree to comply with and be bound by the terms and conditions set forth in this user agreement (the "Terms" or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

INFORMATION PROVIDED TO USERS IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE. NOTHING SAID SHOULD BE CONSIDERED AN OFFER, SOLICITATION OF AN OFFER, OR ADVICE TO BUY OR SELL SECURITIES. USERS MUST DO THEIR DUE DILIGENCE.

Site Changes

MilleMoney reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the Terms and conditions that apply when you access or use the Sites or order, receive or use the Services.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Minors

By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 18 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.

Personal Data Rights

How we use your data and your data privacy rights are covered under our Privacy Policy at www.MilleMoney.com and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.

Our Services

MilleMoney makes available online-based personal finance education services. MilleMoney conducts interviews with analyst knowledgeable of the securities market, these interviews are made available to MilleMoney’s customers, opinions and views shared by such analysts are not views of MilleMoney.  In providing these services we may provide education information regarding securities, trading, investment tools, educational classes, materials, newsletters, and resources. We also may provide an option to purchase a paid subscription for one or more of the services or products offered by the Company. Your paid Subscription will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may allow users to use one or more of its other Services if you meet requirements, you will not be a Subscriber of those other Services without registering for it specifically.

  1. The price and payment procedures are permanently accessible on the Websites.
  2. All prices stated include all relevant local taxes.
  3. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Subscription in accordance with these Terms & Conditions.
  4. All Return Shipping fees are paid by the Customer.
  5. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Subscription if you haven’t cancelled your contract according to these Terms & Conditions.

Our Content

We continually update our content, including our resource library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, and promotional features, availability of Company content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

Subscription, Billing, Cancellation

Your subscription will continue month-to-month and automatically renew unless and until you cancel your subscription, or we terminate it. You must have Internet access and for our paid subscription services you must also provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the subscription service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method. Currently our monthly newsletter subscription is free no payment method is required to enroll in this subscription.  

Billing

By starting your paid Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Company service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

No Refunds

There are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Automatic Renewal

We automatically renew all paid Subscriptions before the expiry of the term of the paid Subscription (where permitted by applicable law). When you first subscribe for your paid Subscription, you acknowledge that when your paid Subscription expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. If you do not want your paid subscription to automatically renew, you must cancel your paid subscription in accordance with the process set out below in these terms & conditions.

Accounts and Registration

To access some features of the Web Browser or Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via email at info@MilleMoney.com or by mail at MilleMoney, 44 Morse Avenue, Bloomfield, NJ 07003.

The Relationship between Us and Our Users

Company is neither a Program provider nor an educational institution. Users are not employees of Company. Company is not responsible for interactions between Users.

Deletion

You may delete your account at any time. Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by Company will terminate. In the event of account deletion for any reason, your Program content may no longer be available. Company is not responsible for the loss of such content.

Content Rights and Licenses

The Site, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Mille Money, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.

All trademarks and service marks, whether registered or unregistered, as well as product names and MilleMoney’s logos, displayed or mentioned on the Sites are the property of their respective owners.

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.

Limited License for Services

User Content is and remains that User’s property, and Company’s only right to that User Content is the limited licenses to it granted in these Terms of Use.

Company grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Company in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Company are reserved.

Limited License to Copy Content

MilleMoney grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites.

Such license is subject to these Terms of Use, and specifically conditioned upon the following:

  • Users may only view, copy, and print such portions of the Content for their own personal use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use the Sites or Content other than for their intended purposes.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.

MilleMoney may revoke this license at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Website & Forum Acknowledgment

Company neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, investment ideas or other materials that may be accessed by you through the Site. This includes, without limitation, any forum or posting through Company. If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk.

The forum on the Site are comprised of customers posting content and information. Company does not control, and does not endorse, any data, content or information posted on the forum on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and Company expressly disclaims responsibility for any such data, content or information.

You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of Company is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you.

ANY DETERMINATION TO PURCHASE OR SELL SECURITIES OR OTHERWISE INVEST IN SECURITIES MUST BE MADE SOLELY BY YOU AFTER YOUR INDEPENDENT INVESTIGATION AND EVALUATION.

MilleMoney cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source.

You understand, acknowledge and agree that MilleMoney and its directors, officers, shareholders, employees, agents, interviewees, moderators, and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that MilleMoney, and its directors, officers, shareholders, employees, agents, interviewees, moderators, and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide Company any data.

Through your use of the site, You expressly contract and consent to the operations of Company (including the moderator actions and omissions discussed above) and release Company, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. 

Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Sites that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.

Reproduction and Downloading

You agree to use the Company service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these terms of use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Company service without express written permission from MilleMoney.

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MilleMoney’s service; use any robot, spider, scraper or other automated means to access the Company’s services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Company service; insert any code or product or manipulate the content of the Company service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Company service, including any software viruses or any other computer code, files or programs.

Consent to ESIGN and Electronic Communications

This Consent to ESIGN and Electronic Communications (“E-Sign Consent”) constitutes your consent to receive disclosures, communications and other information in electronic form from MilleMoney (“Company”) and its affiliates and third-party providers.

“We”, “us” and “our” refers to the Company, and their affiliates. “You” or “your” refers to the person providing this consent. “Communications” means any subscription  agreements and other customer agreements, disclosures, privacy policies, bank account statements, transaction histories, loan applications, loan agreements, notices, responses to claims, fee schedules, and all other information in connection with your Company account and related products or services, including but not limited to information that we are required by law to provide to you in writing, such as Truth in Lending Act disclosures and tax forms.  

Consumer Consent:

Before completing any transaction with us, you will be asked to agree to this E-Sign Consent, which constitutes your agreement to the following:

  • We may provide disclosures required by law and any other information concerning your legal rights and duties and your account and related products and services to you electronically.
  • Your electronic signature on agreements and documents has the same effect as if you physically signed the document with a pen.
  • You will not contest the legal effectiveness, validity, enforceability or use of the electronically stored copies of any agreements electronically signed by you based on the fact that the terms were accepted electronically.
  • You have the hardware and software and other technology described in the “Minimum Requirements” section below necessary to receive, review, download and save any Communications sent electronically. 
  • You have an active email account and have provide us with correct and up-to-date information relating to that account.

This consent applies to any transaction undertaken through Company in the past, to all future disclosures and communications on your account, to all future transactions with us, and to other Communications that we provide to you electronically.

Your consent is effective immediately and will remain in effect until you tell us that you no longer agree to receive Communications electronically by sending us notice in the manner described in the “Withdrawing Consent; Paper Communications” section below.

Minimum Requirements

To electronically receive, view and save or print the Communications, you must have a personal computer or mobile device with a connection to the internet that is equipped with the following, and an operating system that supports these requirements:

  • A current version of Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, Safari or other internet browser that we support 
  • Adobe Acrobat Reader installed on your device or the ability to view Hyper Text Markup Language (HTML)
  • Either a printer, a hard drive or other storage device

We will provide you with notice of any significant change in the hardware or software requirements needed to access or retain Communications electronically.  Your continued use of our electronic services after receiving notice of updates to these requirements constitutes your acceptance of the changes and your reaffirmation of this E-Sign Consent.

Withdrawing Consent; Paper Communications 

Prior to creating a MilleMoney account, you may withdraw your consent to electronic disclosures by exiting the Site or the App. Additionally, you are free to withdraw your consent to receive electronic Communications at any time if you choose to. You agree that if you withdraw your consent or request paper copies of Communications, we may close your MilleMoney account or otherwise restrict, revoke or terminate your account and your access to other products and services we provide, subject to the terms of any additional agreement we have with you. Such termination does not exterminate any obligations you may have to MilleMoney or their affiliates. To the extent permitted by law, we may also charge you a reasonable service charge for the delivery of paper copies of any Communication.

If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Communications will not be affected.

Legal Effect

Your consent to this E-Sign Consent means that Communications we provide to you electronically shall have the same effect as if provided in paper form. A message alerting you that Communications are available electronically, provided that the Communications are made available electronically, shall have the same meaning as if we had provided them to you in paper form, regardless of whether you actually view them, unless you have withdrawn your consent pursuant this E-Sign Consent, prior to receiving such Communications.

Investment Results

MilleMoney and the content contained on the Site, Products and services of MilleMoney, do not guaranty any specific or other results. The purchase and sale of securities, and any investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a complete loss of an investment.

The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature.

MilleMoney may express or utilize testimonials of past performance, but such items are not indicative of future results or performance, or any representation or guaranty that any result will be obtained by you. Your results may differ from those expressed or utilized by Company.

Testimonials Disclaimer

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of MilleMoney.

The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.

Endorsements, testimonials or descriptions of past performance appearing on the Site were received via submission from customers or members. The endorsements, testimonials or descriptions of past performance are verbatim except for correction of grammatical or typing errors and editing for length.

You are Responsible

The information contained within this, and/or, associated websites, is provided for informational and educational purposes only. The information should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies.

  • Company is not registered as an investment adviser with the U.S. Securities and Exchange Commission.
  • Company does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person.
  • Company does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter.
  • You understand, acknowledge and agree that Company employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any Company employee.

Research, Informational and Educational Purposes Only

The Company does not offer or provide personalized investment advice. All data, content and information is not tailored to the investment needs of any specific person. Such data, content and information is provided for research, informational and educational purposes only. You remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Company does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter.

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.

Assumption of Risk

You are solely responsible for ensuring that your use of the Site complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights.

You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Site.

Process

  • CONTACT US - You agree to contact us with your complaint prior to filing for any arbitration.
  • FILE COMPLAINT - You and MilleMoney agree that any dispute must be commenced or filed by you or MilleMoney within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and MilleMoney will no longer have the right to assert such claim regarding the dispute).
  • ARBITRATION - You and Company agree that (a) any arbitration will occur in the State of New Jersey, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of New Jersey and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@MilleMoney.com.

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted. 

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

Third Party Integration

In providing the Service, Company makes available various third party tools to process payments (i.e. Stripe or PayPal). Company is not responsible for and cannot be held liable for the performance of any third-party services, the security of their service, or their collection or use of any of your information.

Disclaimer of Warranties

MILLEMONEY DOES NOT WARRANT THAT ANY CONTENT ON THE SITE, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY FINANCIAL INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT OR ANY INVESTMENT LOSS INCURRED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to

  1. Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services,
  2. Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
  3. Any Feedback you provide,
  4. Your violation of these terms, and your violation of the rights of another.

You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).

You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

Entire Agreement

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

No Waiver

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Arbitration

You and Company agree to arbitrate Disputes through binding arbitration. You and Company agree to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and Company’s respective rights to a jury trial.

No Class Actions

You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.

Governing Law and Venue – New Jersey

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New Jersey and the United States, respectively, sitting in the State of New Jersey.

Questions & Contact

MILLEMONEY

44 Morse Avenue

Bloomfield, New Jersey 07003

info@MilleMoney.com