Terms and Conditions
MONEY MANAGEMENT SOLUTIONS, INC. TERMS OF SERVICE FOR
CASH FLOW MOJO SOFTWARE ONLINE SERVICES
Thank you for selecting the Services offered by Money Management Solutions, Inc. Inc. and/or its subsidiaries and affiliates (referred to as “Money Management Solutions, Inc.”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Money Management Solutions, Inc.. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the Money Management Solutions, Inc. online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
• Money Management Solutions, Inc.’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
• Additional Terms and Conditions, which may include those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Money Management Solutions, Inc. Money Management Solutions, Inc. reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Money Management Solutions, Inc. grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
• Provide access to or give any part of the Services to any third party.
• Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
• Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless Money Management Solutions, Inc. notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
1. A valid credit card acceptable to Money Management Solutions, Inc.;
2. A valid debit card acceptable to Money Management Solutions, Inc.;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
4. By another payment option Money Management Solutions, Inc. provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date and CID code), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. Money Management Solutions, Inc. will automatically renew your monthly Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, may require Internet access and/or additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
MONEY MANAGEMENT SOLUTIONS, INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION.
You can view Money Management Solutions, Inc.’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Money Management Solutions, Inc. Privacy Statement, and changes published by Money Management Solutions, Inc. You agree that Money Management Solutions, Inc. may use and maintain your data according to the Money Management Solutions, Inc. Privacy Statement, as part of the Services. You also give Money Management Solutions, Inc. permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that Money Management Solutions, Inc. may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Money Management Solutions, Inc. is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Money Management Solutions, Inc. is not responsible.
6.3 Money Management Solutions, Inc. may freely use feedback you provide. You agree that Money Management Solutions, Inc. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Money Management Solutions, Inc. a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Money Management Solutions, Inc. in any way.
6.4 Money Management Solutions, Inc. may monitor your Content. Money Management Solutions, Inc. may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Money Management Solutions, Inc. or its customers, or operate the Services properly. Money Management Solutions, Inc., in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Money Management Solutions, Inc. does not give professional advice. Unless specifically included with the Services, Money Management Solutions, Inc. is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Money Management Solutions, Inc. services. You may be offered other services, products, or promotions by Money Management Solutions, Inc. (“Money Management Solutions, Inc. Services”). Additional terms and conditions and fees may apply. With some Money Management Solutions, Inc. Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Money Management Solutions, Inc. permission to use information about your business and experience to help us to provide the Money Management Solutions, Inc. Services to you and to enhance the Services. You grant Money Management Solutions, Inc. permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Money Management Solutions, Inc. permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Money Management Solutions, Inc. Privacy Statement, Money Management Solutions, Inc. may offer products and services on behalf of third parties who are not affiliated with Money Management Solutions, Inc. (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”).You agree that Money Management Solutions, Inc. can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Money Management Solutions, Inc. contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not Money Management Solutions, Inc., are responsible for their product’s performance and the content on their websites. Money Management Solutions, Inc. is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. Money Management Solutions, Inc. reserves the right to terminate access to any interoperability between the Money Management Solutions, Inc. Services and Third Party Products without refunds or credits to you.
7.3 Communications. Money Management Solutions, Inc. may be required by law to send you communications about the Services or Third Party Products. You agree that Money Management Solutions, Inc. may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Money Management Solutions, Inc. if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONEY MANAGEMENT SOLUTIONS, INC., ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. MONEY MANAGEMENT SOLUTIONS, INC. AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 MONEY MANAGEMENT SOLUTIONS, INC., ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MONEY MANAGEMENT SOLUTIONS, INC., ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, MONEY MANAGEMENT SOLUTIONS, INC., ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MONEY MANAGEMENT SOLUTIONS, INC. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MONEY MANAGEMENT SOLUTIONS, INC. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MONEY MANAGEMENT SOLUTIONS, INC., ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Money Management Solutions, Inc. and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Money Management Solutions, Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Money Management Solutions, Inc. in the defense of any Claims.
We reserve the right to change this Agreement , and the changes will be effective when posted through the Services, on our website for the Services and when we notify you by other means. We may also change or discontinue the Services, in whole or in part. After notification by email, your continued use of the Services indicates your agreement to the changes.
Money Management Solutions, Inc. may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Money Management Solutions, Inc.’s rights to any payments due to it. Money Management Solutions, Inc. may terminate a free or trial account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW.
Florida state law governs this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of state courts in Collier County, Florida U.S.A. or federal court for the Southwestern District of Florida. Money Management Solutions, Inc. does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
This Agreement, including the Additional Terms below, is the entire agreement between you and Money Management Solutions, Inc. and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Money Management Solutions, Inc.. However, Money Management Solutions, Inc. may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Money Management Solutions, Inc. or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Money Management Solutions, Inc. via an email.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE Cash Flow Mojo Online Software SERVICES
Your use of the Services provided by Money Management Solutions, Inc. are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
Thank you for selecting Cash Flow Mojo Online software (the “Software”). This license agreement in addition to the Money Management Solutions, Inc. Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up interview (“User”, “you”), and Money Management Solutions, Inc. Inc. (“Money Management Solutions, Inc.,” “we”, “our” or “us”).
By clicking “ACCEPT”, User indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the “ACCEPT” button is an individual working for User (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of User and certifies that he/she is an Agent of User and has all necessary authority to act on your behalf, including to bind User to the terms and conditions of this Agreement.
If User does not agree to the terms of the Agreement, User is not granted any rights whatsoever in the Software. If User is not willing to be bound by these terms and conditions, User should not click on the “ACCEPT” button, and may not access or otherwise use the Software or Services.
The Software is licensed on a monthly subscription basis by User or its agent.
1.1 Termination by User. User may notify Money Management Solutions, Inc. to cancel the subscription prior to the beginning of each Renewal Term. Your rights to use the Software may be terminated by Money Management Solutions, Inc. immediately and without notice if Money Management Solutions, Inc. is unable to debit your or its agent’s Card in accordance with this Agreement. To cancel your subscription, you must contact Money Management Solutions, Inc. no less than 5 days prior to the end of your monthly subscription anniversary date or your account will be automatically billed for the renewal period. Contact information for Money Management Solutions, Inc:
Mail: Money Management Solutions, Inc. 4001 Santa Barbara Blvd., #358, Naples, FL 34104
1.2 Transfer of Agreement. The agreement can be transferred to another person or entity only if such license has not been activated. Once validated, and a company is created, the Software will not work by another entity. Even if you stop using the Software, Money Management Solutions, Inc. has fulfilled your subscription term.
1.3 Trial Period. If you registered and paid for a trial use of the Services (“Trial Period”), and you do not wish to continue the service, you must cancel the Services within the first 25 days of the Trial Period, or you will be billed for an additional month of service on the monthly anniversary date of your subscription. If you cancel the Services or products by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services or product during the trial period, if you cancel your subscription to the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the trial.
2. PERMITTED DISCLOSURES AND USE OF DATA.
You acknowledge and agree that in order to provide you with access to and use of the Software and Services, Money Management Solutions, Inc. may provide your Access Information and Account Data to (i) your employee or agent who is identified in the Registration Data as the current system administrator for the your account (the “Current Administrator”), (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Money Management Solutions, Inc. to effectuate such replacement, and (iii) any other person identified as an authorized user of the Software in the set-up interview form or in any subsequent communication to Money Management Solutions, Inc. (collectively, “Information Recipients”).
3. SOFTWARE USE, STORAGE AND ACCESS.
Money Management Solutions, Inc. shall have the right, in its sole discretion and with reasonable notice posted on the Cash Flow Mojo Online site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Software at any time, and (ii) the number of users and times (and the maximum duration for which) you may access the Software in a given period of time. Money Management Solutions, Inc. reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute your acceptance of and agreement to such changes. For details about our refund policy, please refer to www.CashFlowControllerOnline.com. Money Management Solutions, Inc. may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Money Management Solutions, Inc. will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
4. ONLINE DATA TRANSFER
You may have the option to transfer your data files from the Service in order to facilitate certain interoperability, data integration, and data access between the Service and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Service (the “Online Data Transfer”). Separate fees may apply. In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Service, (ii) have Internet access, and (iii) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Money Management Solutions, Inc.’s servers (the “Transferred Files”); where you grant Money Management Solutions, Inc. the right and license to (i) host and maintain the Transferred Files and (ii) use the Transferred Files to make the Ancillary Services available to you, (iii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Service. If you are signed-up for any Ancillary Services that support Online Data Transfer, you will then have the option to have the Transferred Files sent to any of those supported Ancillary Services (a “Data Transfer”). If you are no longer signed-up for an Ancillary Service, you will no longer be able to process Online Data Transfers to that Ancillary Service.
If you authorize an Online Data Transfer for a third party Ancillary Service, you authorize Money Management Solutions, Inc. to provide the Transferred Files to the third party provider of such Ancillary Service in order to provide the Ancillary Service to you. You agree and acknowledge that Money Management Solutions, Inc. has no control over any third party Ancillary Services. Your use of the Ancillary Service may be subject to additional terms and conditions. Money Management Solutions, Inc. does not have any liability whatsoever for any actions or inactions on the part of the Ancillary Services resulting in your inability to use the Online Data Transfer feature or otherwise use the Ancillary Services in connection with the Service.
5. RETURNS AND REFUNDS
30-Day Trial of Cash Flow Mojo® Software
Money Management Solutions, Inc. offers a 30-day trial at the price posted on the website http://www.cashflowmojosoftware.com for the Cash Flow Mojo Software online product of Money Management Solutions Inc. After the 30 day trial, the purchaser’s credit card will automatically be charged the monthly charge as noted at the time of the original 30 day trial purchase date.
Subsequent 30 day trial purchases from the same IP address will not be permitted. No Returns or Refunds on Electronically Delivered or online subscription Products. Software subscribed to through electronic transmission online or over the Internet are not eligible for return or refund.