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MoneyWellth Learning+ Terms of Use

Last Updated May 9, 2024

These MoneyWellth Learning+ Terms of Use (or these “Terms”) are a binding contract between MoneyWellth, LLC (“MoneyWellth”, “us”, or “we”) and the educational organization or other customer (“Customer”) that govern access to and use of the budget simulation and financial education course and related websites, products and services (collectively, the “Course”) by Customer and its students, staff, and other authorized users (“Users”). Please read these Terms carefully. Additional, separate terms may apply to Customer’s use of the Course and will be considered to form part of these Terms.

By clicking to accept, signing electronically or in ink, or accessing or using the Course in any way, Customer accepts and agrees to these Terms and all documents incorporated herein by reference in their entirety. The party signing or accepting these Terms on behalf of Customer represents and warrants that the party is authorized to act on behalf of Customer and to bind Customer to these Terms. Customer agrees that all references to Customer herein shall include Customer, the party accepting or signing on behalf of Customer, and Customer’s Users. CUSTOMER acceptS These Terms and all documents incorporated by reference By Clicking to Accept or By accessing or using the COURSE.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND MONEYWELLTH. Please also note that these Terms do not govern or grant Customer access to or use of the MoneyWellth App or website or any third-party platforms or services.

Please contact us at legal@moneywellth.com. with any questions about the Course or these Terms.

  1. MoneyWellth Course

The Course is a budget simulation and financial education course available for use by schools and other educational organizations located in the United States. The Course allows student Users to create an account with MoneyWellth and run financial simulations to learn about budgeting and managing finances. Teacher and administrator Users will additionally have access to a dedicated administrator website hosted at app.moneywellth.com (the “Admin Site”). Teachers and administrator Users may use the Admin Site to manage and facilitate use of the Course by Customer’s Users, classes, and schools. MoneyWellth offers the Course to Customer for free.

The Course is available to Users who are at least 12 years old. Customer is solely responsible for ensuring that all Users granted access to the Course meet the minimum age, consent, and all other eligibility requirements set forth in these Terms. Customer agrees to these Terms on behalf of Customer and its Users. Customer additionally agrees to: (a) be responsible for compliance with these Terms in all respects by each of its Users; (b) be responsible for the accuracy and legality of any data or other content input to the Course by its Users; and (c) use the Course only in accordance with these Terms and applicable law. Any use of the Course in violation of the foregoing by Customer or Customer’s Users that in MoneyWellth’s judgment threatens the security, integrity, or availability of the Course will be considered a material breach of these Terms.

  1. User Accounts

Customer, on behalf of itself and its Users, agrees with respect to all User accounts for the Course to: (a) submit a valid e-mail address and password, along with the User’s first and last name to create the User account; (b) submit and maintain complete and accurate information; (c) keep confidential all aspects of the User account including username and password, and content associated with and within it; (d) be responsible for any and all uses of the User account, whether or not the assigned User has authorized such use; (e) immediately notify us in writing of any unauthorized use of the User account; and (f) not use the Course for any unlawful or otherwise prohibited activity. MoneyWellth is not liable for any loss or damages caused by Customer or its User’s failure to maintain the confidentiality of account credentials or a User’s choice to disclose any data associated with the account.

  1. Privacy

All processing of User personal information via the Course is subject to the MoneyWellth Learning+ Privacy Policy.

United States federal laws such as the Family Educational Rights & Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”), and certain U.S. state laws offer additional privacy protections for children and students. Customer acknowledges and agrees that Customer is responsible for complying with all legal requirements with respect to the Course and student and children’s privacy (including but not limited to FERPA). MONEYWELLTH HAS NO LIABILITY for any noncompliance with such legal requirements by Customer or its USERS.

If Customer is subject to FERPA, Customer acknowledges and agrees that (a) MoneyWellth is a contractor working on Customer’s behalf and is therefore considered a “school official” for FERPA purposes; (b) MoneyWellth has a “legitimate educational interest” in Customer’s Users’ Personal Information in order to provide the Course pursuant to these Terms; (c) if required by state or federal law, Customer has specifically listed MoneyWellth as one of its contractors; and (d) Customer certifies that it has indicated in its annual FERPA notification to parents that Customer uses contractors to provide certain services on its behalf. MoneyWellth agrees to (i) be bound by the applicable requirements of a “school official,” including to remain under the “direct control” of Customer with respect to MoneyWellth’s use and maintenance of FERPA-protected education records; and (ii) only disclose Users’ Personal Information to third parties as necessary to provide the Course to Customer.

  1. User Consent

Users access the Course through Customer’s contractual relationship with MoneyWellth pursuant to these Terms. By accepting these Terms and granting Course access to Customer’s Users, Customer consents to these Terms and the MoneyWellth Course Privacy Policy on behalf of its Users, and Customer is solely responsible for determining and obtaining any additional consent for students, such as parental consent, that may be required under FERPA, COPPA, or other applicable privacy laws.

For clarity, Customer, not MoneyWellth, is responsible for obtaining any legally required User or parent or guardian consent to participate in the Course. To the extent that parent or guardian consent is required for any User to access or use the Course:

  1. If Customer is an educational institution, Customer represents and warrants that Customer is authorized to act in lieu of the User ’s parent or guardian or has OTHERWISE OBTAINED the necessary consents to permit the USER TO provide MoneyWellth with Personal Information necessary to provide the COURSE; or
  2. If Customer is not an educational institution, Customer represents and warrants that Customer will only permit access to the COURSE by User s for WHOM Customer has obtained any and all legally required parent or guardian consent to collect such User ’s Personal Information for purposes of the COURSE.

Customer further represents and warrants that Customer is authorized to share its Users’ Personal Information with MoneyWellth for the purpose of MoneyWellth providing the Course to Customer.

  1. Not a Financial Planner or Advisor; NO PROFESSIONAL SERVICES

The Course is designed for educational and information purposes only. MoneyWellth is not a financial institution or any form of professional services. MoneyWellth encourages all Users to obtain advice from a dedicated financial advisor before making any final decisions or implementing any financial strategy. NEITHER MONEYWELLTH NOR THE SERVICES ARE INTENDED TO PROVIDE FINANCIAL OR PROFESSIONAL ADVICE OR SERVICES OF ANY KIND. MoneyWellth disclaims all liability and responsibility arising from Customer’s use of the Course. MoneyWellth is not subject to the Gramm-Leach-Bliley Act.

  1. LICENSE GRANT

Upon Customer’s acceptance of these Terms, MoneyWellth grants Customer limited, non-exclusive, non-transferable, non-sublicensable (except to provide access to Customer’s Users as expressly permitted herein), revocable license to access and use the Course and MoneyWellth IP (defined in Section 10) and to permit Customer’s Users to access and use the Course for educational and non-commercial purposes (the “Field of Use”) and subject to these Terms (the “License”). Customer’s License to use the Course does not permit Customer to use the Course for any commercial purpose (other than for transacting business with MoneyWellth) or for any unlawful or wrongful purpose. The Course is licensed to Customer, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of MoneyWellth or any third party, except as expressly provided in these Terms. MoneyWellth reserves all rights not expressly granted in these Terms.

  1. Course Access

To use the Course, Customer and each User must have a compatible computer or device, internet access, and the necessary minimum specifications described in the Course documentation (“Technical Requirements”). The Course may request certain privacy permissions from time to time. Customer acknowledges that the terms of the agreement with the device mobile network provider will apply when using the Course on a mobile device. Data and messaging charges may apply. Customer may also incur third-party charges; Customer accepts responsibility for any such charges that arise. If Customer is not the billpayer for the device used to access the Course, it is assumed Customer has received permission to use the Course from the billpayer.

MoneyWellth will use commercially reasonable efforts to maintain availability of the Course. Customer understands and agrees that there will be times when the Course will be unavailable, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or acts of Users; and causes beyond our reasonable control. MoneyWellth will make commercially reasonable efforts to notify Customer of planned downtime and unavailability of the Course. MoneyWellth is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Course access, whether or not the cause is mentioned in this paragraph, or any lack of Course access caused by a device or internet or wireless service provider.

MoneyWellth may choose to develop and provide updates to the Course, which may include upgrades, bug fixes, patches, other error corrections, or new features (“Updates”), at a schedule determined by MoneyWellth in our sole discretion. Updates may also modify or delete in their entirety certain features and functionality. Customer agrees that MoneyWellth has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Updates may occur automatically, or Customer may be prompted to download or install the Update. Customer agrees to promptly complete all Updates and Customer acknowledges and agrees that the Course or portions thereof may not properly operate should Customer fail to do so. Customer further agrees that all Updates will be deemed part of the Course and be subject to this Agreement.

  1. ARTIFICIAL INTELLIGENCE

Certain aspects of the Course may offer features powered by artificial intelligence technology (“AI Features”). A User may interact with an AI Feature on the Course through prompts and other data inputs (“Inputs”) and the User will receive outputs generated and returned by the AI Feature based on Customer’s Inputs and the data used to train the AI Feature (“Outputs”). AI Features are intended for personal use only. Any use of an AI Feature for another purpose is at the User’s own risk and subject to these Terms. MoneyWellth makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. It is the User’s and Customer’s responsibility to evaluate Outputs for their use.

Customer acknowledges and agrees that, due to the nature of artificial intelligence technology, Outputs may not accurately reflect real people, places, or facts. Customer understands and agrees to the following on behalf of Customer and its Users:

  • Outputs may provide incomplete, incorrect, or offensive information.
  • Outputs may not be unique across Users and the AI Feature could generate the same or similar output for different users. 
  • A User must not use Outputs for any purpose that could have a legal or material impact on a person (e.g., credit, educational, employment, housing, insurance, legal, medical, or other important decisions). 
  • Outputs may not always be accurate. A User should not rely on Outputs as factual information or as a substitute for professional advice. The User is responsible for verifying the facts presented in Outputs and using human review before using or sharing Outputs.
  • A User may not use the intellectual property of any person or entity as Inputs unless the User has a license or other permission to do so. The User may not otherwise use the AI Feature to infringe another person’s or entity’s intellectual property rights. The User is solely responsible for their use of another person’s or entity’s intellectual property as Inputs.
  • Outputs do not represent MoneyWellth views. Outputs that contain references to third-party services does not mean the third party endorses or is affiliated with MoneyWellth.

Under no circumstances will MoneyWellth be liable to Customer or any third party in any way for any data or other content viewed, copied, distributed, performed, made public, derived from the use of, or created as Outputs while using an AI Feature, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

  1. Acceptable Use

Customer agrees, represents, and warrants that Customer and Customer’s Users will not use the Course outside of the Field of Use, including, but not limited to taking any of the following actions:

  1. Access or use the Course on any devices on which Customer does not have permission to operate the Course, or on which the Course cannot be legally and rightfully operated;
  2. Use the Course for any purpose not expressly permitted under these Terms or in connection with doing anything abusive, harmful, threatening, harassing, defamatory, bullying, malicious, discriminatory, deceptive, misleading, unethical, unlawful, or which violates another person’s privacy rights, or which is otherwise objectionable;
  3. Modify, translate, adapt, or otherwise create derivative works or improvements of the Course;
  4. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Course;
  5. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Course; or
  6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Course, or any features or functionality of the Course, to any unauthorized third party.

MoneyWellth reserves the right to suspend or terminate Customer’s access to the Course if MoneyWellth determines, in its sole discretion, that Customer or one of Customer’s Users has misused the Course, for the purpose of enforcing the terms of these Terms, or for any other reason which MoneyWellth, in our sole discretion, deems necessary to preserve our intellectual property and/or commercial rights.

  1. PROPRIETARY RIGHTS

Unless otherwise expressly indicated, the Course, including without limitation, all data, simulations, methods and measurements, features, functionality, ideas, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, and other content and materials included in or related to the Course and data generated therefrom, as well as MoneyWellth trademarks, service marks, logos, trade secrets and other proprietary assets (the “MoneyWellth IP”) are owned, controlled, or licensed by MoneyWellth or its licensors. Components of the Course not owned or controlled by MoneyWellth are the property of their respective owners. The Course is protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary rights, laws, and international conventions. No license to or regarding any of the Course are granted in connection with Customer’s use of the Course, except as specifically set forth herein.

Customer may only display, download, and print in hard copy format components of the MoneyWellth IP for the purposes of using the Course as an internal or personal business resource. Customer does not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any component of the MoneyWellth IP without the prior written permission of MoneyWellth. Only a duly authorized officer of MoneyWellth may grant permission or a license to use MoneyWellth IP; any attempted grant or similar promise by anyone other than a duly authorized officer of MoneyWellth is invalid. MoneyWellth and the other licensors of the marks on the Course reserve all rights with respect thereto and all intellectual property.

  1.    Feedback. Customer or its Users may submit comments and suggestions regarding the Course to MoneyWellth, such as improvements, enhancements, and modifications of the Course (“Feedback”). Customer, on behalf of itself and its Users hereby assigns to MoneyWellth all right, title, and interest to all such Feedback and all proprietary rights in the Feedback, including all copyright, patent, trade secret, trademark, and other intellectual property rights. Customer agrees not to give MoneyWellth any Feedback that Customer has reason to believe is subject to any intellectual property claim or right of any third party, or subject to license terms that seek to require MoneyWellth to license the Course to any third party.
  2.   User Content. The Course may include features that enable the User to generate, post, upload, store, share, send, or display Outputs, images, video, data, text, comments, and other information and content (“User Content”) to or via the Course. Customer represents and warrants on behalf of itself and its Users that Customer has all rights necessary to grant MoneyWellth a license to use the User Content as described in these Terms. As between MoneyWellth and Customer, Customer retains all rights to its User’s User Content. By permitting its Users to make User Content available on or through the Course, Customer hereby grants to MoneyWellth a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute the User Content, in whole or in part, including Customer’s name and likeness, in any media.

Customer is responsible for its Users’ User Content. Any attempt to submit inaccurate User Content to the Course is strictly prohibited. Customer represents and warrants that its Users’ User Content will not (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. MoneyWellth may, in our sole discretion, alter, remove, or refuse to display any of Customer’s User Content, and may forbid Customer or any User from posting, uploading, storing, sharing, sending, or displaying the User Content to and via the Course.

  1.    Reports. MoneyWellth may, from time to time, deidentify or anonymize the personal information or other data (“Deidentified Information”) that collected from Customer or its Users through the Course and combine it with data for research, analysis, machine learning, or to generate reports and studies (collectively, “Reports”). All Deidentified Information and Reports are the sole and exclusive property of MoneyWellth, and we reserve the right to disclose, share, sell, distribute, or publish our Reports for any purpose provided such Reports are not reasonably linkable, directly or indirectly, to a User’s personal information. Customer hereby assigns on behalf of Customer and its Users any and all rights to such Reports and Deidentified Information to MoneyWellth in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. MoneyWellth shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, sell, and distribute the Reports to others without limitation. Additionally, we may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever, including but not limited to developing, manufacturing, or marketing products incorporating such information.
  2.   Copyright Infringement/DMCA Notice. MoneyWellth takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. A copyright owner or an authorized agent thereof can file a notice of infringement with MoneyWellth by contacting legal@moneywellth.com.

Please include the following information with the complaint (the copyright owner should legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Course are covered by a single notification, a representative list of such works at that site; (iii) 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; (iv) information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and if available, an electronic mail address at which the copyright owner may be contacted; (v) a statement that the copyright owner has 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If the copyright owner fails to comply with all requirements of this section, the DMCA notice may not be valid. If material is believed in good faith by MoneyWellth to infringe a copyright or otherwise violate any intellectual property rights, MoneyWellth will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in the copyright owner’s circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is recommended for the copyright owner to contact an attorney before sending us a notice.

  1. COMMUNICATIONS

In connection with Customer’s use of the Course, Customer agrees on behalf of its Users that MoneyWellth may send service announcements, administrative messages, and notifications to Users. By providing a User’s mobile number or email address, the User is opted in to receive text/SMS or email notifications and messages in alignment with the stated communication preferences. The frequency of SMS messages may vary. A User can cancel the text/SMS notifications at any time by replying “STOP” or “UNSUBSCRIBE” to any MoneyWellth text/SMS message. Message and data rates may apply. A User may opt out of emails by clicking the “unsubscribe” button on the bottom of all emails sent from MoneyWellth, or by altering Customer’s communication preferences in Customer’s account. Please note that a User is not able to opt out of certain material transactional or data privacy emails, and Customer agrees that all MoneyWellth agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

  1. Data Retention

All data associated with Customer’s use of the Course is subject to MoneyWellth’s data retention policies. MoneyWellth makes no representations or warranties that any data will be available on the Course or otherwise after it has been used to provide the Course. Customer acknowledges and agrees that the Course are not a data repository for Customer’s Users or any other data or documentation, and that Customer is solely responsible for Customer’s own recordkeeping obligations and data backups related to Customer’s use of the Course. To the fullest extent allowable under law, MoneyWellth is not obligated to retain any of Customer’s data and is not liable for any loss of Customer’s data. MoneyWellth is not responsible for retaining any data related to Customer’s use of the Course following termination of this Agreement.

  1. Security

Customer is strictly prohibited from violating or trying to violate the security features of the Course, such as by:

  1.    Accessing data not intended for Customer or logging onto a server or an account that Customer is not authorized to access.
  2.    Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that Customer do so in writing.
  3.    Attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Course, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
  4.    Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Customer hereby agrees not to use any device, software, or routine to interfere or try to interfere with the proper working of the Course or any activity being conducted on the Course. Customer further agrees not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Course other than the search engine and search agents that we make available on the Course and other than the generally available third-party web browsers. If Customer violates our system or network security, Customer may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

  1. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE SERVICES IS AT ITS SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MONEYWELLTH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, MONEYWELLTH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER PRODUCTS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM MONEYWELLTH, ITS OFFICERS, EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO CUSTOMER.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONEYWELLTH OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR ANY OF ITS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO CUSTOMER, ITS SCHOOL, ITS USERS, OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OR COMPROMISE OF DATA, PROFITS, OR GOODWILL; BUSINESS INTERRUPTION; COMPUTER FAILURE OR MALFUNCTION; PERSONAL INJURY OR PROPERTY DAMAGE; OR OTHER DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER MONEYWELLTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO CUSTOMER OR ITS SCHOOL. WITHOUT LIMITING THE FOREGOING PROVISIONS OR THE PROVISIONS OF THE PRIVACY NOTICE IN ANY WAY, THE LIMIT ON TOTAL CUMULATIVE LIABILITY OWED BY MONEYWELLTH TO CUSTOMER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

  1. INDEMNIFICATION

Customer agreeS to indemnify and hold harmless MONEYWELLTH AND its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any THIRD-PARTY claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (I) Customer’s access to or use of the COURSE; (II) Customer’s Data, USER CONTENT, OR USER PERSONAL DATA; (III) Customer’s breach or alleged breach of any warranties made by Customer HEREIN or Customer’s violation of any agreement between Customer and MoneyWellth; or (IV) Customer’s violation of any law or the rights of a third party. MoneyWellth reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by Customer, in which event Customer will cooperate with us in asserting any available defenses. This Section 16 shall not apply to the extent that the laws governing a Customer’s jurisdiction prohibit Customer from indemnifying or holding harmless MoneyWellth.

  1. dispute resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES CUSTOMER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM MONEYWELLTH.

Customer agrees that any dispute between Customer and MoneyWellth arising out of or relating to these Terms or any agreement referenced herein, the Course, or any other MoneyWellth services (collectively, “Disputes”) will be governed by the arbitration procedure set forth below. Nothing in these Terms shall be construed as Customer’s waiver of governmental immunity as may be applicable under applicable law. The provisions of this Section 17 shall not apply if and to the extent prohibited by the laws governing Customer’s jurisdiction.

  1.    Informal Dispute Resolution. We want to address Customer’s concerns without the necessity of a formal legal case. Before filing a claim against MoneyWellth, Customer agrees to try to resolve the Dispute informally by contacting legal@moneywellth.com. MoneyWellth will contact Customer by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, Customer or MoneyWellth may bring a formal proceeding.
  2.   Arbitration Agreement. Customer and MoneyWellth each agree to resolve any Disputes through final and binding arbitration. The Arbitration Service of Portland, Inc. will administer the arbitration and determine payment of fees under its rules. The arbitration will be held in Portland, Oregon, United States, or any United States city where Customer maintains a place of business. Notwithstanding the foregoing, either Customer or MoneyWellth may assert claims, if they qualify, in small claims court in Portland, Oregon or any United States county where Customer is located. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Course or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
  3.    Class Action Waiver. Customer may only resolve Disputes with MoneyWellth on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
  4.   Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles. The Federal Arbitration Act, Oregon state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Customer hereby consents to the exclusive jurisdiction of the state and federal courts located in Clackamas County, Oregon, USA to enforce these Terms or adjudicate any other Dispute, and Customer and MoneyWellth each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to a claim, Customer and MoneyWellth agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Clackamas County, Oregon.
  5.    Limitation on Claims; Injunctive Relief. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Customer’s use of the Course must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. Customer agrees that the remedy at law for any breach or threatened breach of these Terms by Customer would, by its nature, be inadequate, and that MoneyWellth may be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
  1. MISCELLANEOUS
  1.    Geographic Restrictions. MoneyWellth is owned and operated in the United States. We make no claims that the Course or any other products or services or their content is accessible or appropriate outside of the United States. If Customer accesses the Course or permits its User to access the Course from outside the United States, Customer does so on Customer’s own initiative and are responsible for compliance with local laws.
  2.   Legal Compliance. In addition to the requirements of Sections 3 and 4, Customer agrees to at all times comply with all applicable local, state, federal, and foreign laws in using the Course. Customer is responsible for determining whether the Course comply with and are lawful under the legal and regulatory requirements of Customer’s jurisdiction. Customer acknowledges and agrees that Customer is solely responsible for notifying MoneyWellth if Customer’s use of the Course or any component thereof or any provision of this Agreement violates any law, regulation, or rule of Customer’s locality. Use of the Course from jurisdictions where such access is illegal is prohibited. If Customer or any User chooses to use the Course from other jurisdictions, Customer does so at Customer’s own initiative and is responsible for compliance with applicable local laws. MoneyWellth is not responsible for any violation of law in relation to Customer’s use of the Course.
  3.    Export Controls; U.S. Government Rights. Customer agrees to comply with all applicable laws. Without limiting the foregoing, Customer agrees to comply with all United States export laws, rules, and regulations, including but not limited to Export Administration Regulations, and applicable import laws of Customer’s locality (if Customer is not located in the United States), and Customer agrees not to export the Course or any component thereof without first obtaining all required authorizations or licenses. Customer shall be responsible for any breach of this Section 18(c) by Customer or Customer’s Users. The Course is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if Customer is an agency of the U.S. Government or any contractor therefor, Customer receives only those rights with respect to the Course as are granted to all other User s under license, in accordance with 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
  4.   Third Party Content. The Course may include third-party content or links to third-party websites or resources. MoneyWellth does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such content, websites, or resources. Customer acknowledges and agrees that MoneyWellth is not responsible for the availability of such content, websites, or resources.
  5.    Entire Agreement. Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MoneyWellth and Customer regarding the Course, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MoneyWellth and Customer regarding the Course and our Contents.
  6.     Relationship of Parties. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. The parties’ relationship as established by these Terms is solely that of independent contractors.
  7.   Assignment. Customer may not assign, delegate, or transfer these Terms, Customer’s rights or obligations hereunder, or User login credentials or accounts, in any way (by operation of law or otherwise) without prior written consent from MoneyWellth. MoneyWellth may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
  8.   Waiver; Severability. MoneyWellth’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MoneyWellth. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
  9.      Enforcement. MoneyWellth has the right to investigate violations of these Terms and any conduct that affects the Course, and in response may take any action MoneyWellth may deem appropriate. MoneyWellth reserves the right (but is not required) to remove or disable Customer’s access to the Course at any time and without notice, and at our sole discretion if we determine that Customer’s use thereof is objectionable or in violation of these Terms.
  10.      Consent to Electronic Communications. By downloading or using the Course, creating a profile, or typing Customer’s name into any of our electronic forms and indicating Customer’s acceptance or submission of information by clicking a box, Customer consents on behalf of itself and its Users to (i) MoneyWellth communicating with Customer and its Users electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from MoneyWellth electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. MoneyWellth will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide the Course. Customer agrees that any notices, agreements, disclosures, or other communications sent by MoneyWellth electronically will satisfy any legal communication requirements, including that such communications be in writing. Customer must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. Customer agrees to be responsible for keeping Customer’s own Records. Customer or a User may receive assistance with Records or request paper Records or to withdraw consent to receiving electronic records, by contacting legal@moneywellth.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
  11.    Notices. Any notice to be provided to MoneyWellth under these Terms shall be delivered via email to legal@moneywellth.com. Any notice to be provided to Customer shall be delivered via email to the email address on file with MoneyWellth at the time of such notice. Any such notice shall be considered received when sent to recipient’s email address.
  12.      Amendments. MoneyWellth reserves the right to amend these Terms of Use at any time by updating this posting. Customer’s or its User’s continued use of the Course following the posting of an updated Terms constitutes Customer’s acceptance of such amendments. Customer is advised to periodically visit this page to determine the then-current Terms of Use. If the updated Terms are not acceptable to Customer, Customer’s choice is to discontinue all use of the Course and delete the MoneyWellth IP from Customer’s and its Users’ device(s).
  13. Legal Counsel. Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. In any construction to be made of these Terms, the parties agree the Agreement shall not be construed against either party on the basis of that party being the drafter of such language. Each party agrees and acknowledges that such party has read and understands these Terms, is entering into it freely and voluntarily, and has been advised to seek counsel prior to entering into these Terms and has had ample opportunity to do so.
  1. TERMINATION

Unless terminated earlier in accordance with the terms of these Terms, these Terms will commence on the date first accepted by Customer and shall continue while Customer or any of its Users access or use the Course in any manner, unless earlier terminated by either party as provided in this section. Customer may terminate these Terms at any time upon notice to MoneyWellth and by discontinuing all access to and use of the Course and MoneyWellth IP. MoneyWellth may terminate these Terms at any time with or without notice at our sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if Customer or any of Customer’s Users violate any of the terms and conditions of these Terms. Customer agrees that all terminations shall be made in MoneyWellth's sole discretion and that MoneyWellth shall not be liable to Customer or any third party for any termination of Customer’s account or access to the Course.

Upon termination of these Terms (a) the rights and licenses granted to Customer herein shall terminate as to the terminated rights; (b) Customer shall cease all use of the Course that have been terminated; and (c) MoneyWellth may at its own discretion remove and/or purge data, User Content, account information, and any other information obtained by us in connection with providing the Course. We reserve the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, Customer or its User has violated any provision of these Terms. Termination will not limit any of MoneyWellth’s rights or remedies at law or in equity. Sections 3, 4, 5, 10 13 through 18 shall survive termination of the Terms.