Terms of Use
Last modified: April 20, 2010A. The Terms
1. Acceptance of Terms
Welcome to www.money-questions.com (“Service” or “Site”) owned and operated by Tandava Financial, LLC. By using the Site in any way, you are agreeing to comply with and be bound by this Agreement, any related agreements including, without limitation, the Privacy Policy, Referral Program Agreement for affiliates and referrers (collectively “Related Agreements”), and all rules, policies and disclaimers (including, but not limited to, FAQs) posted on the Site or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site.
By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
2. Definitions
In the Terms, “User,” “you” and “your” refer to the individual or entity that submits a question to the Site. “Money-Questions,” “we,” “us” and “our” refer to www.money-questions.com as owned and operated by Tandava Financial, LLC. “Customer” refers to the person who asks a question on the Site. “Expert” refers to the person who answers a question on the Site.
3. Right to Modify
Money-Questions may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
B. The Website
4. Money-Questions is not to be used in lieu of a financial advisor
The Money-Questions Site is a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Money-Questions reserves the right, but is not obligated, to refuse to answer or to remove any content.
5. Posts are Confidential; Social Security numbers or date of birth information will never be collected
The Site is an Internet-based venue. Money-Questions will make efforts to protect the information collected to the best of our ability. To better protect your privacy we ask that you do not include Social Security or Date of Birth information in your question.
6. No Reliance on Term “Expert”; Verification.
The questions answered by Money-Questions may be answered by employees or affiliates of Money-Questions. Users submitting questions are encouraged to seek the advice of qualified financial advisors prior to making any financial decisions.
Money-Questions will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
7. Information Not Advice; No Client-Professional Relationship
Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific financial advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
8. Use of Third-Party advisors
There may be times when Money-Questions refers user inquiries to third parties and may accept a referral fee for doing so. The user accepts that this may occur. Any decision by the user to engage the services of a third party advisor is solely at their discretion and does not subject Money-Questions to any liability resulting from any error, omission, or act of said third party. Although we make efforts to present qualified third party responses to questions, Money-Questions cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of those third parties.
9. Refusal or Modification of Service
At any time, without notice, for any or no reason, Money-Questions reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service.
10. Receipt of Communications
By accepting this Agreement, you are agreeing to receive communications from Money-Questions per the terms of the Privacy Policy. You may notify Money-Questions in writing of your decision to no longer receive communications. Please send your written request to rahul.kashyap@lpl.com or Attn: Rahul Kashyap, 14143 Denver West Parkway, Suite 510, Golden, CO 80401.
12. Proprietary Rights of Content
You acknowledge and agree that Money-Questions owns the rights to its website www.money-questions.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Money-Questions, Money-Questions Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the site, or materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of Money-Questions, will not be considered confidential and may be used by Money-Questions, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
You grant to Money-Questions a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.
13. No Endorsement of Non Money-Questions Entity; No Relationship with Users
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
15. Exclusion of Warranties
MONEY-QUESTIONS SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. MONEY-QUESTIONS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONEY-QUESTIONS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, MONEY-QUESTIONS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES WILL MONEY-QUESTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.
16. Limitation of Liabilities
IN NO EVENT SHALL MONEY-QUESTIONS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You and Money-Questions agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
17. Indemnification
You agree to indemnify, defend and hold Money-Questions, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to Money-Questions attention and not to your attention, Money-Questions shall provide you reasonable notice of such claim. Money-Questions shall be entitled to participate in the defense of such claim.
18. Press Releases and Third-Party Press About Money-Questions.
The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about Money-Questions or the Site should not be relied upon as being provided or endorsed by Money-Questions.
19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions.
DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with Money-Questions, or Tandava Financial, LLC, 4610 E. Jewell Ave, Denver, CO 80222, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association (“AAA”) (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Denver County, Colorado courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
20. Agreement; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Money-Questions employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Money-Questions), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Money-Questions’ failure to exercise or enforce any of the Terms shall not constitute a waiver of Money-Questions’ right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You may not assign the Terms to any other party. Money-Questions shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Money-Questions. No delay or omission on the part of Money-Questions in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.