January 22, 2021
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- Eliminate your right to a trial by jury; and
- substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
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Limitation of Liability
NEITHER MILITARYMONEY.COM, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE MILITARYMONEY.COM TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MILITARYMONEY.COM TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE MILITARYMONEY.COM TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE MILITARYMONEY.COM TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE MILITARYMONEY.COM TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE MILITARYMONEY.COM TECHNOLOGY WHETHER OR NOT MILITARYMONEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL MILITARYMONEY.COM’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO MILITARYMONEY.COM FOR ACCESS AND USE OF THE MILITARYMONEY.COM TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH MILITARYMONEY.COM TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
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ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES MADE AVAILABLE ON THIS WEBSITE REGARDING YOUR RIGHTS UNDER FEDERAL, STATE OR OTHER LAW, INCLUDING, BUT NOT LIMITED TO, THE FAIR REPORTING ACT (15 U.S.C. 1681, ET SEQ.) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 (PUB. L. 108-159, 117 STAT. 1952) IS INTENDED TO PRESENT ONLY A GENERAL OVERVIEW OF SUCH LAW AND IS NOT INTENDED TO CONSITUTE LEGAL ADVICE. IF YOU HAVE SPECIFIC QUESTION OR CONCERNS RELATING TO SUCH LAWS, YOU SHOULD SEEK APPROPRIATE LEGAL COUNSEL.
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Passwords and Your Obligations
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Please notify us immediately of any unauthorized use of your user name and password via email to [email protected]
The MilitaryMoney.com Technology resides on the public internet. MilitaryMoney.com uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to MilitaryMoney.com and any information stored on servers controlled by MilitaryMoney.com. Notwithstanding these efforts, MilitaryMoney.com cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the MilitaryMoney.com or another entity; (b) access data or materials not intended for you; (c) log into or access a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with, disrupt, or harm in any way the MilitaryMoney.com Technology, the servers or networks used in connection with it, or services to any user, host or network; (f) use the MilitaryMoney.com Technology in violation of the requirements, procedures, policies or regulations of any other website providers, websites, chat rooms, networks connected to the MilitaryMoney.com Technology (including, but not limited, to this Website) or the like; (g) use Internet Relay Chat (IRC) bots via this MilitaryMoney.com Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (h) run any program on this MilitaryMoney.com Website or through the MilitaryMoney.com Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (i) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; or (j) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Violations of system or network security may result in civil or criminal liability. MilitaryMoney.com reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
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You agree to indemnify, defend, and hold harmless MilitaryMoney.com, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the MilitaryMoney.com Technology; and (d) any use of your Submission by MilitaryMoney.com or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. § 111(g)(2).
The blog entries, quotations and other editorial content on this MilitaryMoney.com Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of MilitaryMoney.com and/or its affiliates.
You agree that MilitaryMoney.com, at its sole discretion, may terminate or suspend your access to and use of the MilitaryMoney.com Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if MilitaryMoney.com believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. MilitaryMoney.com reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the MilitaryMoney.com Technology (or any part thereof) without notice. You agree that MilitaryMoney.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the MilitaryMoney.com Technology. Your obligations under this Agreement shall continue even after MilitaryMoney.com has terminated and/or cancelled this Agreement or your access to the MilitaryMoney.com Technology.
Applicability of Content
This Website is operated in the State of Florida, United States of America, and MilitaryMoney.com makes no representation that the content provided through the MilitaryMoney.com Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our MilitaryMoney.com Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the MilitaryMoney.com Technology, you may not view or use the MilitaryMoney.com Technology.
This Agreement shall be governed and construed in all respects by the laws of the State of Florida, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MilitaryMoney.com Technology, and purchases of products and/or services through the MilitaryMoney.com Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida or the United States District Court for the State of Florida for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Order of Preference
This Agreement governs your use and access to the MilitaryMoney.com Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with MilitaryMoney.com. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the MilitaryMoney.com Technology, conflicts with any provision of your other agreements with MilitaryMoney.com, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Web Sites
Revisions and Consents
MilitaryMoney.com reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. MilitaryMoney.com also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the MilitaryMoney.com Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the MilitaryMoney.com Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and MilitaryMoney.com (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. You and In Charge each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Provider. Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.
Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. If an in-person hearing is required, then it will take place in Orlando, FL, Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence), unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings).
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
MilitaryMoney.coms failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. MilitaryMoney.com may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of MilitaryMoney.com. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement constitutes the entire agreement between you and MilitaryMoney.com with respect to the subject matter addressed herein, and governs your access to and use of the MilitaryMoney.com Technology, superseding any prior agreements between you and MilitaryMoney.com relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with MilitaryMoney.com pursuant to your enrollment and/or participation in other features of the MilitaryMoney.com Technology.
Print this Agreement
For record keeping purposes, MilitaryMoney.com encourages you to print this Agreement and the ancillary documents described herein.