Date of Last Revision: November 29, 2022
The Website is provided for each user’s (whether they be consumers and financial professionals) (hereafter referred to as “Users”, “you” and “your”) personal use and are subject to these Terms and including all modifications thereto, and any other rules or guidelines that may be published from time to time. The Website is provided to Users as an informational service, but is not the sponsor, source, bank, financial institution or other provider of any goods or services offered by third parties shown or referenced within the content of the Services and MoneyTips and CDM make no representations or warranties and has no control over the quality or availability of goods and services offered by third parties shown or referenced on the Website or the accuracy of the claims made by any such third parties. To the extent you choose to visit with these third parties or purchase or otherwise transact with such third parties, you do so at your own risk.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR ANY CONTENT PROVIDED IN RELATION THERETO. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
WE DO NOT PROVIDE CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO “CLEAN UP” OR “IMPROVE” YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD IMPROVE OR GOAL IS COINCIDENCE AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONE’S CREDIT RATING.
IMPORTANT DISCLOSURE: Neither MoneyTips nor CDM are affiliated with the annual free credit report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies. To request your free annual report under that law, you must go to www.annualcreditreport.com or 877-322-8228, the ONLY authorized source under federal law.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law for a free credit report.
We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
1. Conditions for Use of the Website
As a condition to your visit and use of the Website, you represent and warrant that:
- You are at least 18 years of age and possess the legal authority to enter into an agreement and use the Website in accordance with these terms.
- All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false, or fraudulent information is prohibited).
- You understand that abuse of the Website may result in your being denied access to the Website, as determined by MoneyTips and/or CDM in their sole discretion.
- You understand and agree that you will not:
- Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Users or the Website or any portion thereof;
- Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with the Website;
- Resell, assign, sublicense, or otherwise transfer, or delegate your rights or obligations under these Terms without the prior written authorization from MoneyTips;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit the Website without prior written authorization from MoneyTips;
- Use the Website for any purpose in violation of local, state, national, international laws or regulations;
- Use the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to MoneyTips and/or CDM, and any other users or third party; and
- Circumvent any measures implemented by us aimed at preventing violations of these Terms.
Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. Except in the context of browsing or accessing our Website in accordance with these Terms, you may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website.
2. Prior Memberships
The Website has been purchased by CDM, but the prior membership service is now operated by a different entity. All registered users have received a notice to that effect from the prior owner of the Website. Any questions or concerns about your membership should be directed to the contact details contained in that notice.
3. Information on the Website
Our Website displays content that may or may not be created or developed by MoneyTips. This content is the sole responsibility of the person or entity that creates or develops it. MoneyTips and CDM assume no responsibility or liability for such Content and make no representations or warranties concerning the accuracy or quality of any underlying services or goods offered by third parties. We may review such third-party content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. MoneyTips reviews a portion of the content that is published via the Website, but we do not guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it. MoneyTips makes no representation as to the completeness, accuracy or currentness of any information made available via the Website. All content shown, described or depicted via the Website is subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any content at a particular time does not imply or warrant that the content and its subject matter will be available at any time.
4. No Formation of Relationship with MoneyTips
Information available through the Website, including but not limited to written articles, videos, infographics, images, calculators, opinions, comments, recommendations, answers, analysis, User referrals, or other financial tools (collectively, “Financial Content”), is intended for general informational purposes only and is not intended as financial, tax, or legal advice, nor does it create a fiduciary relationship between Users and MoneyTips and/or CDM. It is not a substitute for an in-person or telephone consultation with an appropriate financial professional in your jurisdiction with the expertise to address your specific financial issue, and you should not rely upon such Financial Content.
5. User Posted Content & Other Interactive Website or Areas
MoneyTips includes interactive areas in which Users may post content and information, including peer and client reviews, questions and answers, comments, photos, videos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to MoneyTips.
Users are solely responsible for the use of interactive features included in the Website and understand that you may be subject to internal compliance policies, as well as local, state, or federal regulating bodies. By using any interactive feature, you agree to comply with the MoneyTips Community Guidelines and assume all risk associated with your use. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms or our policies.
When you post User Content to MoneyTips, you give MoneyTips and CDM and its Users and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such User Content is attached to a profile on the MoneyTips platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Website, we may use your feedback or suggestions without obligation to you.
NEITHER MONEYTIPS NOR CDM SHALL HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY FINANCIAL CONTENT OR USER CONTENT YOU ENCOUNTER ON OR THROUGH THE SERVICE, AND ANY USE OR RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
6. Professional Advertising and Communications
It is solely the responsibility of the User to ensure that any information or advertisements they post or place on the Service, and any communications they may have with prospective clients through the Website, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of financial services and those regulating the form, manner or content of communications with clients, advertising, or other matters.
7. Intellectual Property
Except where expressly stated otherwise, MoneyTips or its licensors is the owner or the licensee of all intellectual property rights located via the Website, in the materials published or otherwise made available through the Website. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing made available via the Website may be construed to confer any license or ownership right in or materials published or otherwise made available through our Website, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe any material made available through the Website constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder, or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by facsimile, electronic mail or first class mail, setting forth the following:
- a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
- detailed identification of the copyrighted work or trademark claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may file a DMCA Notice of Alleged Infringement with MoneyTips designated Copyright Agent:
MoneyTips Copyright Agent
12121 Wilshire Blvd., Suite 810
Los Angeles, CA 90025
Fax Number: (310) 209-8106
Email: [email protected]
8. Disclaimer of Warranty and Acknowledgements Regarding Use of Third Party Financial Information
While MoneyTips strives to provide useful financial information, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion.
NEITHER MONEYTIPS NOR CDM SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MONEYTIPS, CDM AND THEIR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS.” MONEYTIPS AND CDM ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO WARRANTY: THE INFORMATION AND MATERIALS CONTAINED IN OR ACCESSIBLE VIA THE WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” NEITHER MONEYTIPS NOR CDM WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONEYTIPS NOR CDM OR ANY OF THEIR AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, NEITHER MONEYTIPS NOR CDM SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE.
You agree to defend, indemnify and hold harmless MoneyTips and CDM, and each of their corporate affiliates, independent contractors, service providers and consultants, and each of those entities’ respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct in connection with the Website, your violation of these Terms or your violation of the rights of any third party.
11. Modification of Terms
MoneyTips and CDM, in their sole discretion, may revise these Terms from time to time, on a prospective basis, and will post the most up-to-date version on our website. If either MoneyTips or CDM determine, in their sole discretion, that a modification to these Terms materially affects your rights, MoneyTips will notify you (by, for example, sending a message to your user account email address). By using or continuing to use or access the Website after any revisions have come into effect, you agree to be bound by the revised Terms. If you do not agree to the modified terms, you must stop using the Website.
12. Governing Law & Exclusive Venue
These Terms will be interpreted in accordance with the laws of the State of Michigan and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Michigan for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
13. Dispute Resolution
You, CDM and MoneyTips agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you, CDM and MoneyTips are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you, CDM and MoneyTips otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by JAMS (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. (JAMS provides a form for the Demand for Arbitration via https://www.jamsadr.com/rules-download/). Arbitration Location and Procedure. Unless you and MoneyTips otherwise agree, the arbitration will be conducted in the County of Los Angeles in the State of California.
Notwithstanding any of these Terms, MoneyTips and/or CDM reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website. MoneyTips and/or CDM reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Website for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Website, or any other data.
15. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you, CDM and MoneyTips regarding the Website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
16. Waiver, Severability & Assignment
MoneyTips or CDM’s failure to enforce a provision of these Terms is not a waiver of its or their right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. MoneyTips or CDM may assign their rights to any of their affiliates or subsidiaries, or to any successor in interest of any business associated with the Website.
17. Questions & Contact Information
If you have any questions regarding the use of the Website, please visit the FAQ section of the site. All other questions or comments about the Website or its contents should be directed to Customer Care via email at [email protected].