Use of the Site
a. Lawful Purposes
b. License Grant and Restrictions
c. Use of Information
d. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
1. Accessing data not intended for Your use, or logging onto a server which You are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of the Site or any MSP system or network, or to breach security or authentication measures utilized by MSP on the Site without proper authorization.
3. Attempting to interfere with MSP's service to any User of the Site, MSP's hosting service provider, or MSP's network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site
4. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by MSP.
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of MSP's system or network security may result in civil or criminal liability. MSP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and search agents available from MSP on the Site and other than generally available third party web browsers (e.g., Firefox or Microsoft Explorer).
e. Liquidated Damages
Advertising on the Site
MSP DOES NOT MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE SITE, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. IF YOU PURCHASE SUCH PRODUCTS OR SERVICES, OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. MSP DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN MSP. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE MSP, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE SITE.
Intellectual Property Protection
The acronym "MSP", the name and logo for "MoneySavingPro", the domain at which the Site is located, and any other MSP graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of MSP. MSP's trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MSP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MSP or any MSP affiliates without MSP's express written consent. You may not use any meta tags or any other "hidden text" utilizing M's name or trademarks without the express written consent of MSP.
Disclaimer of Warranties
MSP uses reasonable efforts to provide accurate, complete, and current MSP content on the Site. Nevertheless, MSP does not guarantee or warrant that the MSP content displayed on the Site is accurate, complete, timely, or free of technical or typographical errors.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE SITE, IN ANY MSP CONTENT, IS AT YOUR SOLE RISK. THE MSP CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MSP DOES NOT MAKE ANY WARRANTY THAT THE MSP CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE, AND THE MSP CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR-FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY MSP CONTENT PROVIDED TO YOU, MSP DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MSP CONTENT PROVIDED ON OR THROUGH THE SITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. MSP DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE, INCLUDING ANY ADVERTISER'S SITE. MSP DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE SITE AND OTHER USERS OF THE SITE. INFORMATION OBTAINED BY YOU FROM THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE CONTENT DISPLAYED ON THE SITE MAY RELATE TO PRODUCTS OR SERVICES THE SALE OF WHICH MAY REQUIRE A LICENSE OR IS OTHERWISE REGULATED BY LOCAL, STATE OR FEDERAL AGENCIES. MSP IS NOT A SELLER OR PROVIDER OF ANY SUCH PRODUCT OR SELLER, AND IS NOT LICENSED TO DO SO. SUCH PRODUCTS OR SERVICES ARE AVAILABLE ONLY FROM THIRD PARTIES, AND NOT FROM MSP. BEFORE DOING BUSINESS WITH ANY THIRD PARTY PROVIDING A PRODUCT OR SERVICE THAT IS SUBJECT TO GOVERNMENTAL REGULATION, YOU SHOULD DETERMINE THAT THE PROVIDER OF SUCH PRODUCT OR SERVICE IS LEGALLY AUTHORIZED TO ENGAGE IN SUCH BUSINESS. YOUR DEALINGS WITH ANY PROVIDER OF PRODUCTS OR SERVICES DESCRIBED ON THE SITE IS AT YOUR OWN RISK. YOU ARE ENCOURAGED TO CONSULT WITH YOUR LEGAL, ACCOUNTING OR FINANCIAL ADVISORS BEFORE ACQUIRING ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE. ANY RECOMMENDATIONS APPEARING ON THE SITE FOR THE PURCHASE OR USE OF ANY PARTICULAR PRODUCT OR SERVICE IS MADE BY THE AUTHOR OF SUCH RECOMMENDATION AND NOT BY MSP. MSP DOES NOT CONDUCT ANY INVESTIGATION OF THE PROVIDERS OF PRODUCTS OR SERVICES IDENTIFIED ON THE SITE, OR THE QUALITY OF SUCH PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE IS APPROPRIATE FOR YOUR PURCHASE OR USE.
Limitation of Liability
YOU SPECIFICALLY AGREE THAT MSP IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE SITE. MSP IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY OF YOUR, OR ANY OTHER PERSON'S COMPUTERS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.
IN NO EVENT SHALL MSP, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE SITE, YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES IDENTIFIED ON THE SITE OR YOUR DEALINGS WITH ANY PROVIDERS OF SUCH PRODUCTS OR SERVICES, ANY MSP CONTENT, ANY INFORMATION ACCESSIBLE ON THE SITE, FROM ANY MESSAGES SENT OR RECEIVED THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Termination of Site Access
You understand and agree that MSP, in its sole discretion, may terminate Your right to use the Site, direct You to cease using the Site, and discontinue or restrict Your access to the Site, all without notice to You and for any reason. You agree that MSP shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, or any parts thereof.
Modifications to the Site
You understand and agree that MSP may discontinue or change the Site at any time, without notice to You. MSP makes no commitment to update the information and content on the Site. MSP may, as it deems necessary and appropriate, make revisions, upgrades and modifications to the Site from time to time to maintain the general performance and functionality of the Site at no additional charge to You.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ARBITRATION CLAUSE & CLASS ACTION WAIVER
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have the authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules, and the United States of America. You agree that any dispute between you and us, including any arbitration, shall be brought exclusively in Williamson County, Texas.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to: firstname.lastname@example.org.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
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Any company or product names, logos, brands, trademarks, service marks, trade names, or proprietary names are the property of their respective owners and are used solely to identify the evaluated goods and services.