DIVORCE MONEY GUIDE Terms of Use Agreement

Updated:  June 3, 2022

Welcome to DIVORCE MONEY GUIDE. This website (“Site”) is operated by Money Guide LLC (“we,” “us,” “our,” or “Money Guide”) to provide you with quality, impactful resources relating to financial issues associated with major life events.  This Terms of Use Agreement (together with any documents referred to in them) (collectively, “Terms”) apply to ordering, purchasing, and participating in Money Guide courses (“Courses”), your use of our website or other services offered at http://www.divorcemoneyguide.com, our online education portal, and through any mobile application we develop utilizing the tools from this Site (collectively, with content, Software (defined below) and Course materials we provide, “System”).  If you are accessing our System on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.  You represent and warrant to Money Guide that you are authorized to bind such other person to these Terms.

THIS AGREEMENT CONTAINS AN AUTOMATIC RENEWAL PROVISION.  PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN CONTRACTUAL TERMS REGARDING YOUR RIGHTS TO USE OUR SYSTEM, RESTRICTIONS ON RIGHTS YOU CAN ENFORCE AGAINST MONEY GUIDE, AND LIMITATIONS OF MONEY GUIDE’S LIABILITY.  BY ACCESSING OUR SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.  IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THIS SITE.  WHEN PLACING AN ORDER, YOU WILL NEED TO CONFIRM YOUR AGREEMENT TO THESE TERMS TO COMPLETE YOUR ORDER.  IF YOU DO NOT SO CONFIRM YOUR AGREEMENT, YOUR ORDER WILL NOT BE PROCESSED.

FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY RELATED AGREEMENT INCORPORATED HEREIN) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.

We may revise and update these Terms in our sole discretion, and will post any updates to these Terms on this Site.  Your continued use of this Site or our System, or any other service provided through the Site or System, means that you accept and agree to the modified Terms.  Money Guide makes no representation or warranty regarding access to content available through the Services, including the quality of streaming content and the download speed of downloadable content, as the quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as a user’s location, the content being streamed or downloaded and the speed of a user’s Internet connection.  YOU ACKNOWLEDGE AND AGREE THAT MONEY GUIDE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS SITE, OUR SYSTEM OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.

In order to access certain portions of this Site, and to register for a Course, you may be required to register by providing information in a form requested by Money Guide (“Registration Form”).  Any contact information you provide may be used by us in accordance with our Privacy Policy, which also allows you to manage your email subscription preferences.  Money Guide may accept or reject any Registration Form in its sole discretion.  You represent that the information provided when registering is accurate, complete and current and that you will update such information from time to time as necessary.  These Terms shall be incorporated into, and form an integral part of, each Registration Form.  As part of the registration process, your email address will serve as your user name (“User Name”) , and a password will be selected by you (“Password”) to access the User Name.  Your User Name and Password will be your credentials to access the restricted portions of this Site. 

You are solely responsible for all use of our System under your User Name and Password and for maintaining the confidentiality of your User Name and Password.  You will promptly notify Money Guide of any actual or suspected unauthorized use of our System or your User Name or Password.  If you cannot remember your Password, you will be prompted to reset your Password by following the instructions on the Login page.  By establishing a User Name with Money Guide, and each time you access a Product or Service or submit an Order through this Site, you authorize Money Guide to contact you at your e-mail address.  You may stop receiving Money Guide’s marketing e-mails by following the opt-out procedures set forth in such e-mails or as set forth in our Privacy PolicyIF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, COURSE OR OTHERWISE ON THIS SITE, YOU DO SO AT YOUR OWN RISK.  

Intellectual Property.  You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our System for your personal use only. As a condition of your use of the System, you warrant that you will not use our System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System (other than User Content), such as text, graphics, audio, video, logos, images, as well as the compilation thereof (including any translations thereof), and any software used on the System, is our property or the property of our affiliates, assigns, licensors, subsidiaries, suppliers and/or other providers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.  Title to the System and any portion thereof is retained by Money Guide or its licensors or suppliers and is furnished hereunder on a licensed basis as described herein.

You will not, and will not allow others to, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content or software, in whole or in part, found on the System. Our System is not for resale. Your use of the System does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices with any content or software. You will use the System solely for your personal use, and will make no other use of the System without our express written permission. You agree that you do not acquire any ownership rights in the System or any content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

User Contributions.  To the extent portions of this Site allows you to comment or otherwise post videos, photos or other content on the Site (“User Content”), you may not post User Content that:

  • Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
  • Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive, inappropriate, inflammatory, or that invades the privacy or violates any personal right of any person or entity;
  • You know (or reasonably should know) is false, deceptive, or misleading;
  • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
  • Violates any applicable local, state, national, or international law.
  • Contains any viruses or other malware

All videos and photos you submit must also be in accordance with the following:

  • All photos must be relevant to Money Guide or the System.
  • Do not submit photos or information about children or any third parties without their express consent (or their parent’s consent in the case of a child).
  • Submit only your own photos -- do not submit photos from any other source, either personal or commercial.
  • Do not submit photos that include logos, branding, promotional material or any other content intended for commercial purposes.

Use of User Content.  All User Content generated, produced or created by you is your property and continues to be your property after you have submitted the User Content on our System.  By posting User Content on the System, you (1) represent and warrant that the posting of such User Content does not violate these Terms or applicable laws, and (2) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up and royalty-free license to use such User Content, in whole or in part, for the sole purpose of providing the Money Guide products and services you have requested, to create new Money Guide products and services, and to market Money Guide products and services to you. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences or follow the procedures set forth in our Privacy Policy

Money Guide does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.  You can be held liable for any illegal or prohibited User Content you provide to this Site, including among other things, infringing, defamatory or offensive materials.  If you discover this kind of material on this Site, please notify us immediately at [email protected]  We will investigate your claim promptly and may then take the actions deemed appropriate.

UNDER NO CIRCUMSTANCES SHALL MONEY GUIDE OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System. Money Guide claims no ownership, affiliation with or endorsement of any photos that are submitted by users through our Sites.

Digital Millennium Copyright Act Policy.  Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  In accordance with the DMCA and other applicable law, Money Guide has adopted a policy of terminating the accounts of, in appropriate circumstances and at Money Guide’s sole discretion, subscribers who are deemed to be repeat infringers.  Money Guide may also, at its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.  If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below).  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  Money Guide will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, Money Guide will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Money Guide the following information in your Notice (to be effective, the Notice must include ALL of the following):

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Money Guide to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Notices of claimed copyright infringement should be directed to Money Guide’s designated agent: 

Tracy Coenen
Money Guide LLC
4850 Tamiami Trail N Suite 301
Naples, FL 34103-3034

Orders.  The acceptance and fulfillment by Money Guide of any order (“Order”) placed on this Site for a Course, content bundles or the like, a monthly or yearly subscription for videos or other related content (“Subscription”) is subject to your acceptance of and compliance with all of these Terms.  To purchase any Course or Subscription on this Site, you must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions).  Unless another payment method is agreed to by Money Guide, prior to the purchase of any Course or Subscription on this Site, you must provide a valid credit card number and related payment information.  By submitting that information to us or our third party payment processor, you hereby authorize Money Guide to charge your credit card for such purchases.

Promotional Codes.  We may send push notifications from time to time in order to update you about events or promotions.  If you no longer wish to receive such communications, you may turn them off at the device level.  Money Guide reserves the right to modify or cancel any promotional code at any time.

Certain subscriptions may be eligible for promotional codes.  The promotional code must be entered at checkout in order to be applied to your eligible subscription order, and cannot be applied after an order is submitted.  The promotional codes are promotional discount codes for eligible products, and have no cash redeemable  value.  Each promotional code can be used only once per user per account, unless otherwise specified, and are non-transferrable.  Promotional code can only be redeemed online. The promotional codes are valid for a limited time only, and expire on the last day of the promotion period at 11:59 PM Eastern Standard Time (EST).   The expiration date for the promotion code can be found displayed at the bottom of the applicable eligible product page, displayed in the format of month/day/year.

You must be 18 years or older to redeem a promotional code.  Each promotional code is redeemable on select product subscriptions only, and may require a minimum dollar value purchase.  Promotional codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promotional code.  Upon entering the promotional code and purchasing an eligible subscription, the promotional code will apply to both your initial subscription period and any subsequent consecutive renewals of such subscription unless modified or canceled by Money Guide or if you deactivate your account or cancel your auto-renewal feature found on your account page on this site. If you purchase a subscription after deactivating or cancelling your account or the auto-renew feature, you will be charged at the then-current, non-promotional subscription rate.

All prices for any Course or Subscription on this Site are quoted in U.S. currency, and are subject to change at any time without notice.  Money Guide makes no representations or warranties regarding the availability of products and services in all areas.  Money Guide shall have the right to refuse or cancel any Orders listed at an incorrect price, or containing any other incorrect information or typographical errors.  Money Guide shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by Money Guide and/or your payment has been processed.

Unless you notify Money Guide in writing at [email protected] of any discrepancies in charges for Orders within sixty (60) days of the erroneous charge(s) appearing on your credit card statement, you agree that such charges will be deemed accepted by you for all purposes hereunder.  Such notice shall describe the amount in dispute, and you further agree to provide Money Guide with any requested additional information and verifications concerning same.  In the event Money Guide does not receive payment from your credit card issuer, you shall pay all amounts due upon demand by Money Guide.  If Money Guide is unable to collect amounts owed on your accounts, Money Guide may refer those accounts to a collection agency, and you will be responsible for all costs of collection.

In the event you violate any of the terms hereof, or if your Subscription is not renewed, all rights and licenses granted to you hereunder shall immediately terminate.  Any provision of these Terms that by its very nature or context is intended to survive any termination, cancellation or expiration hereof or thereof, including without limitation confidentiality and indemnification provisions, shall so survive.

Payment Terms.  You agree that you will pay for use of the System and for all Subscriptions, Content, and Courses in which you enroll through the Site, and that Money Guide may charge/debit your credit card or other designated payment method for any such purchases, and for any additional amounts (including any taxes, fees, or other charges) that may be accrued by or in connection with your use of the System Subscriptions, Content, or Course enrollment.  The total price to you for such purchases will include applicable taxes, if any, based on the bill-to address provided by you.  Prices may change at any time, and the prices set forth on the Site do not provide for price protection or for refunds in the event of any subsequent price reduction or promotional offering.  Money Guide reserves the right, with or without prior notice, to limit or discontinue the availability of any product or service, and to not honor or otherwise impose additional conditions on any promotional code or limited promotions.

Given the nature of digital content, all sales of digital books and materials separate from a Course are final.

The monthly or annual, as applicable, Subscription fee will be the amount agreed to at the time of enrollment.  Thereafter, Money Guide has the right to increase or decrease any such fee by providing you notice of such increase or decrease at least 60 days prior to the effective date of such change.   If you elect for your Subscription to be automatically renewed as provided above, you hereby expressly authorize Money Guide to charge the applicable fees to the credit card you used to pay for your initial Subscription.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MONEY GUIDE WITH A VALID PAYMENT METHOD FOR PAYMENT. You agree to accept responsibility for all activities that occur under your account or password.  On the registration payment page, you will be given the option to make a one-time payment or to have a set number of consecutive monthly charges/debits posted to your credit card or other designated payment method for your System use, video or content Subscription, Course enrollment, or other purchases on this Site.   If you elect to terminate your authorization for extended payments all unpaid amounts will become immediately due and payable and will be immediately charged/debited to your credit card or other designated payment method.  Notwithstanding any early termination of authorization, you remain liable for all charges due for System use, Subscription, Course enrollment, or other purchases made on this Site. Please be aware, full payment must be received within your selected term window to earn credit and a grade for all registered Courses. Regardless of grade earned, full payment is required. You will not be dropped from your Course(s) because of an incomplete payment. If you are registered for Courses beyond the 30 day cancellation window, you are financially responsible for full Course payment.

Course Refund Policy.  Without limiting any of the forgoing, our refund policy lasts 14 days.  To be eligible for a refund or credit for a Course (as further described below), you must notify us in writing within 14 days of registering for a Course at [email protected] with the stated reason for your cancellation and a description of your use of the materials since the date of purchase.  Unfortunately, we cannot offer you a refund or further credit toward Money Guide Courses if 14 days have passed since you have registered for a Course.  

If you are requesting a refund, your refund will be processed and a credit for the remaining amount will be applied to your credit card or original method of payment within 30 days of approval of your request.

Money Guide reserves the right to deny any refund or credit request in its sole discretion.  Money Guide also reserves the right to modify its cancellation and refund policy at any time, or from time to time, by posting notice of same on this Site.

Continuing education graduate credit is intended to fulfill requirements for license renewal/lane change when the participant has obtained proper prior approval.  Money Guide does not warrant or guarantee that our Courses will meet your intended needs.  Many schools, districts, and states have different requirements for professional development. Check with your district personnel or state Department of Education to gain prior approval for the Money Guide Courses you purchase. Applicability and credit eligibility of our Courses is the sole responsibility of the participant.  You are responsible for completing your Course(s) within the session for which you registered.

Third Party Sites.  The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or others. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Redistribution.  For the avoidance of doubt, none of this Site, the System, content or any Course Materials may be distributed to or made accessible to others, or be used for any commercial purposes, other than pursuant to a separate license from Money Guide expressly granting the right for such use.  Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Money Guide products or services of any kind or allowing access thereto by third parties, without our express written permission.  We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from this Site and barring such violators from use of this Site and our System.  We reserve the right to block access to or cancel any Order for any user known or reasonably believed to be in violation of this provision.

Indemnification.  You agree to indemnify, defend, and hold harmless Money Guide, its and its affiliates, officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to access and use the System or any part thereof, any claim that your User Content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications.  Visiting this Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences or follow the procedures set forth in our Privacy Policy. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Disclaimer of Warranty; Limitation of Liability.  MONEY GUIDE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR ACCESSIBLE VIA THE SYSTEM (COLLECTIVELY, “SYSTEM MATERIALS”) FOR ANY PURPOSE AND MAKE NO REPRESENTATION THAT ANY MONEY GUIDE COURSE WILL MEET YOUR SPECIFIC NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH SYSTEM MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  MONEY GUIDE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND SYSTEM MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONEY GUIDE AND/OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY SYSTEM MATERIALS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE SYSTEM MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONEY GUIDE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IN NO EVENT WILL MONEY GUIDE’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH MONEY GUIDE COURSES EXCEED THE AMOUNT PAID BY YOU FOR MONEY GUIDE COURSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.  CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.  The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.  The limitations of liability provided in these Terms inure to the benefit of Money Guide, the Money Guide Affiliates and/or their respective suppliers.

Contact Information.  If you have any issues or concerns with your experience with Money Guide, please contact us at [email protected] right away.

Notice for California Residents.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please contact us at:

Money Guide LLC
4850 Tamiami Trail N Suite 301
Naples, FL 34103-3034

 

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:

1625 North Market Blvd.
 Sacramento, CA 95834
 (916) 445-1254 or (800) 952-5210

Miscellaneous. These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.  These Terms shall be treated as though they were executed and performed in Florida and shall be governed by the laws of the State of Florida and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Collier, in the State of Florida.

All of the information you provide during your registration process and submitted/graded coursework with Money Guide (except financial information) will be shared with instructors, evaluators, staff, and the chosen academic partner (university or college) out of the list of eligible partners in order to facilitate the registration process and your ability to request a transcript upon successful completion of your course with that university or college. We will also communicate with you, the student, on your coursework progress and final grade via the email that you provide during registration. Please see our Privacy Policy for a full description of the information we collect, use, manage, disclose and share.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING:  Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that:  (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.  An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.  Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Money Guide controls its Sites (excluding linked sites) from the United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations.  Accessing this Site in locations where the use of such content is illegal is prohibited.  If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

By using this Site, you agree that Money Guide, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.  Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth above.  Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

By using this Site, you further agree that you will not use this Site or any materials available hereon for any unlawful activity, or use it in any way that would violate any of these Terms.  When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.

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