Money.net Terms and Conditions
1. Acceptance of Terms. Welcome to Money.net. This Terms and Conditions Agreement (“Agreement”) governs your access to and use of our services. By using our Information or Services, you agree to fully adhere to and accept all terms, conditions, and notices stipulated in this Agreement without any modifications.
2. Agreement Overview. a) Access to and use of Money.net and the subscription-based services and information provided through Money.net (referred to as the “Information” and “Service” or “Services”) indicates your: (i). Acceptance of all terms, conditions, and notices within this Agreement. (ii). Commitment to abide by and comply with this Agreement. (iii). Agreement to the collection, use, and disclosure of personal information as outlined in our Privacy Statement. b) If you do not agree to these terms and give the necessary consent, you are not permitted to use Money.net or any related Information or Services.
3. Importance of Reading Carefully. It’s vital that you read and understand this Agreement, as it defines your obligations and establishes your relationship with Money.net. Your access to any of the Information or Services implies that you have read, comprehended, and agreed to be bound by these terms and conditions without reservations. By using Money.net’s Information or Services, you confirm your acceptance of this Agreement in its entirety.
4. System Interface and Configuration. a) User Responsibility. You are responsible for securing the required communication lines and internet connections to access Money.net. b) Modifications: Money.net may make modifications to the Information and Service at its discretion. Such changes might necessitate updates on your devices or equipment. You carry the risks associated with not updating your systems concurrently. c) Limitation of Liability: Money.net and its Information Providers are not liable for any issues arising from your failure to update or from changes made to the Service.
5. Ownership of Software. a) Proprietary Rights: Software as part of the Service, including that belonging to third parties (“Third Party Suppliers”), remains the intellectual property of Money.net or its respective owners. b) Restrictions: Do not modify, reverse-engineer, or disassemble the Money.net Software.
6. Proprietary Rights and Trademarks. a) Intellectual Property: Money.net and the Information Providers retain proprietary rights in trademarks, service marks, trade names, and other intellectual assets. b) Usage Restrictions: You are prohibited from infringing upon or using the said Intellectual Property without authorization.
7. Third-Party Beneficiaries. Information Providers can enforce this Agreement’s terms and are intended third-party beneficiaries.
8. Authorized Use of Information. a) Permissions: Use the Information strictly as stated in this Agreement. Unauthorized use, retransmission, or reprocessing is prohibited. b) Restrictions: Avoid transmitting, revealing, or providing the Information to any third parties. c) Financial Instruments: Prior written agreement from Money.net is necessary to create or endorse financial instruments linked to Money.net’s Information.
9. Subscriber Representation. a) Professional Status: Upon subscription, you must declare whether you’re a professional or non-professional, adhering to the industry standard definitions provided. Notify firstname.lastname@example.org immediately if your status changes. b) Misrepresentation: Money.net can deny Service to those misrepresenting their non-professional status. Discrepancies in fees due to such misrepresentation will be charged to the subscriber.
TO BE CONSIDERED A NON-PROFESSIONAL, YOU MUST ADHERE TO THE FOLLOWING STIPULATIONS:
- YOU CANNOT ACT AS A THIRD-PARTY BROKER OR DEALER INVOLVED IN THE PURCHASE OR SALE OF FINANCIAL INSTRUMENTS.
- YOU MUST NOT BE REGISTERED OR RECOGNIZED UNDER ANY U.S., CANADIAN, OR OTHER PROVINCIAL SECURITIES OR COMMODITIES LAWS OR ASSOCIATED MARKET REGULATIONS.
- YOU ARE NOT TO BE AN “INVESTMENT ADVISOR” OR “INVESTMENT BANKER” AS SPECIFIED IN THE U.S. INVESTMENT ADVISORS ACT OF 1940, IRRESPECTIVE OF WHETHER YOU’RE REGISTERED UNDER THAT ACT.
- YOU AREN’T EMPLOYED BY A BANK OR ANOTHER ENTITY THAT, DUE TO ITS STATUS, AVOIDS REGISTRATION UNDER SECURITIES LAWS, ESPECIALLY IF YOUR ROLE WOULD OTHERWISE DEMAND REGISTRATION.
- YOU ARE ENTERING THIS AGREEMENT ON YOUR OWN BEHALF AND NOT REPRESENTING ANY OTHER ENTITY OR ORGANIZATION.
- YOU ARE NOT RECEIVING OFFICE SPACE, EQUIPMENT OR OTHER BENEFITS IN EXCHANGE FOR YOUR TRADING OR WORK AS A FINANCIAL CONSULTANT TO ANY PERSON, FIRM, OR BUSINESS ENTITY.
If you cannot confirm every conditions above, you’re a professional trader. That means you’ll need a professional plan.
Money.net reserves the right to deny Service to any Subscriber who, in Money.net’s determination, misrepresents its non-professional status. If it is determined by Money.net, or through any third-party audit by any of the Information Providers, that you have misrepresented your status as a non-professional, you accept and agree that Money.net reserves the right to debit your credit card, bank account, or invoice you for the difference in any non-professional exchange fees remitted by you over the period of any third-party or internal audit and the amount of professional exchange fees which should have been remitted under professional status. Money.net remits the full amount of the exchange fees paid by you directly to the Information Provider.
10. Subscriber Information. a) Data Collection: At the behest of the subscriber and Information Providers, data will be collected under this Agreement. b) Additional Data: Money.net can request supplementary information as required by Information Providers. c) Communication: Money.net might send product updates, billing details, and promotional content based on the data provided.
11. Account Integrity and Access. a) No Sharing: Keep your Money.net credentials confidential. Sharing is prohibited. b) Access Limitations: Money.net restricts Service access to one user at a time and can revoke access at its discretion.
12. Subscription and Fees. a) Pricing: Subscription costs and potential exchange fees are available on Money.net’s website. Prices are subject to change without prior notice. b) Payment Methods: Acceptable payment methods include credit cards and electronic ACH payments. c) Non-refundable: All fees, including those for subscriptions and exchanges, are non-refundable.
BY ACCEPTING THESE TERMS & CONDITIONS, YOU AUTHORIZE MONEY.NET TO CHARGE YOUR CREDIT CARD OR PAYMENT METHOD ON A MONTHLY OR ANNUAL BASIS FOR ALL SERVICES RENDERED. PLEASE NOTE THAT MONEY.NET OPERATES ON A RECURRING SUBSCRIPTION BASIS. AS SUCH, YOU WILL BE BILLED CONTINUOUSLY EITHER MONTHLY OR ANNUALLY UNTIL YOU DECIDE TO TERMINATE YOUR SUBSCRIPTION. YOU CAN OPT TO CANCEL AT ANY GIVEN TIME, BUT A 30-DAY CANCELLATION POLICY IS IN EFFECT. FOR ANNUAL SUBSCRIPTIONS, ENSURE YOU CANCEL BEFORE YOUR NEXT BILLING CYCLE. THIS TYPE OF SUBSCRIPTION OFFERS A DISCOUNT FOR PAYING IN ADVANCE, AND ANY CANCELLATION WILL TAKE EFFECT ON THE FINAL DAY OF YOUR ANNUAL BILLING PERIOD. TO CANCEL, YOU MUST SEND A WRITTEN NOTICE VIA EMAIL TO email@example.com PRIOR TO YOUR NEXT BILLING DATE. CHARGES PRIOR TO YOUR CANCELLATION REQUEST WILL NOT BE REFUNDED. FROM TIME TO TIME, MONEY.NET MAY PROVIDE A FREE TRIAL OR OTHER PROMOTION. THESE TRIALS AND PROMOTIONS ARE ALSO BOUND BY THESE TERMS & CONDITIONS UNLESS STATED OTHERWISE. TRIAL USERS HAVE THE OPTION TO CANCEL DURING THE TRIAL PHASE IF THEY DO NOT WISH TO AUTOMATICALLY TRANSITION TO A PAID PLAN ONCE THE TRIAL ENDS.
13. Taxes. Users are responsible for all taxes, charges, or assessments (and any related penalties or interest) associated with the use of the Service, except for Money.net’s own income taxes. For residents of any state requiring sales tax, an additional sales tax will be applied to subscriptions and exchange fees at the applicable rate for that state. This tax will be collected by Money.net and subsequently remitted to the respective state agency.
14. User Conduct. When utilizing Money.net Services, including direct messaging, users must not tamper with, misuse, or falsely represent any affiliation with Money.net. Specifically, users are prohibited from hacking, defacing, or using the Services for illegal purposes, implying Money.net’s endorsement of personal statements, or manipulating the Services’ presentation, such as “framing” or “mirroring.” All users are expected to adhere to relevant laws and regulations. Breaching these terms may lead to Money.net limiting or terminating access to one’s subscription or the Services. Users are wholly responsible for their account activity and must maintain password confidentiality. Any unauthorized account activity holds the user liable for damages, with Money.net not being accountable for unauthorized usage losses. Money.net reserves the right to terminate access at its discretion.
15. Overview of Posting & Monitoring Content. Money.net’s Services allow users to submit various content types, including comments, articles, links, and private messages. While users can submit this content, Money.net isn’t responsible or liable for its accuracy or appropriateness, irrespective of its nature – whether it’s offensive, inappropriate, or otherwise objectionable. However, Money.net retains the unilateral right to monitor, edit, move, or delete any content at any point without prior notice. If the content violates the platform’s terms, Money.net can remove it. The platform encourages constructive and respectful discourse and strictly opposes harmful behaviors like hate incitement, threats, personal attacks, or any form of uncivilized discussion. Moderation decisions, though subjective, aim for consistency and quality in discussions. Regarding video content, it’s presented only for entertainment and information. Users shouldn’t consider it as personalized investment advice. All investment research, analysis, and decisions remain the user’s responsibility. While contributors offer potentially valuable insights, Money.net doesn’t endorse or guarantee the accuracy or completeness of their contributions.
17. Responsibility for User Submission. Individuals who submit content to the Services are solely accountable for their actions and the content they provide. This means that the responsibility for any submission lies with the user, not Money.net. While Money.net does not generally pre-screen comments, as mentioned in Section 15, it does not guarantee the accuracy, integrity, or quality of content that appears on its Services.
18. Disclosure. Money.net retains the right to access, preserve, and share any User Submissions or related information when necessary to: (a) adhere to laws, regulations, or governmental requests, (b) enforce the TOU and investigate any potential breaches, (c) address concerns like fraud, security issues, or technical problems, (d) cater to user support inquiries, or (e) safeguard the rights, assets, and well-being of Money.net, its users, or the public.
19. BATS Market Data Recipients. By signing this Agreement, you referred to as “Subscriber” per the Bats Global Markets Holdings, Inc. Subscriber Agreement, acknowledge the following: a. you’ve reviewed and accept the terms of the Bats Global Markets Holdings, Inc. Subscriber Agreement, attached herein; b. the Data Recipient/Vendor is not representing Bats Global Markets Holdings, Inc., cannot alter the terms of the agreement, and isn’t permitted to modify any of its provisions; c. there have been no additions or deletions to the agreement, and it remains unaltered. Both you and anyone signing on your behalf confirm the Subscriber’s legal capacity to commit to this agreement and the authorized nature of the signatory binding the Subscriber to the terms of the Bats Global Markets Holdings, Inc. Subscriber Agreement.
20. Term. The starting date of this Agreement is marked by your acceptance, demonstrated when you click the “Agree” button on Money.net’s signup page. This period runs through your chosen trial and subscription durations. After the initial term, this Agreement will auto-renew for consecutive subscription terms unless ended by either party or if the Subscriber chooses to cancel.
21. Compliance with Laws. You assure and guarantee that you aren’t, and won’t be, involved in any illegal activities or transactions. Furthermore, you commit not to use or knowingly allow anyone else to use the Information and/or Service for any purposes outside of this Agreement’s parameters, or in ways that aren’t in line with the laws, rules, and regulations mentioned in Section 8.
22. No Endorsement. You acknowledge that no components of the Service or any equipment used by Money.net are officially supported or endorsed by the Information Providers. Money.net may offer links to third-party websites, but these are solely for user convenience. Money.net neither manages nor takes responsibility for the content of these external sites. Including such links does not indicate Money.net’s approval of its content or any affiliation with the website operators.
23. No Advice or Solicitation. The Information and Services provided by Money.net are strictly for informational objectives and shouldn’t be interpreted as a sales offer, a purchase solicitation, or an endorsement of any security or company by Money.net or its associated entities. You recognize that Money.net doesn’t provide investment or financial guidance. Any decisions based on the Information and Services, and the potential implications of those decisions, are entirely your responsibility and taken at your own risk. Money.net remains neutral regarding the merits, potential worth, or suitability of any security, transaction, investment, or strategy.
24. No Warranties. While Money.net strives to deliver the Service and Information promptly and accurately, neither Money.net nor its Information Providers, including their respective affiliates, agents, and licensors, provide warranties or guarantees regarding the timeliness, sequence, accuracy, or completeness of the Information.
LIMITATION ON WARRANTIES. CONCERNING THE INFORMATION AND SERVICE, THERE ARE NO WARRANTIES OFFERED, WHETHER EXPLICIT OR IMPLIED. THIS INCLUDES BUT ISN’T LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY SPECIFIC PURPOSE FOR THE INFORMATION OR SERVICES PROCURED THROUGH THE SERVICE. NEITHER MONEY.NET, THE INFORMATION PROVIDERS, NOR THEIR THIRD-PARTY INFORMATION SUPPLIERS, INCLUDING THEIR RESPECTIVE AFFILIATES, AGENTS, OR LICENSORS, SHALL BEAR ANY RESPONSIBILITY TO YOU OR ANYONE ELSE DUE TO ANY LOSS OR HARM, EITHER IN ENTIRETY OR IN SEGMENTS, ORIGINATING FROM THEIR NEGLIGENCE OR UNFORESEEABLE EVENTS OUTSIDE THEIR CONTROL WHEN ACQUIRING, ASSEMBLING, INTERPRETING, REPORTING, OR DELIVERING ANY INFORMATION OR SERVICE. THIS ENCOMPASSES ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSIONS OF, ANY OF THE INFORMATION, ITS TRANSMISSION, OR IN THE PROVISION OF THE SERVICE.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES WILL MONEY.NET, THE INFORMATION PROVIDERS, THEIR THIRD-PARTY INFORMATION PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, AGENTS, OR LICENSORS BE HELD ACCOUNTABLE TO YOU OR ANYONE ELSE FOR ANY DECISIONS OR ACTIONS YOU UNDERTAKE BASED ON SUCH INFORMATION OR SERVICE.
25. Limitation of Liability. Neither Money.net nor the Information Providers and their respective affiliates, agents, or licensors, shall be liable to you, or any other person, regardless of the cause (unless resulting from the gross negligence or willful misconduct of Money.net or the Information Providers) or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Service or Information, or for any delay or interruption in the transmission thereof to you, or for any Claims or Losses (as defined below) arising therefrom or occasioned thereby. “Claims or Losses” shall be defined as any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, including without limitation, i) direct, indirect, punitive, special, consequential and incidental damages, and ii) administrative costs, litigation costs, and attorneys’ and auditors’ fees and disbursements. Neither Money.net nor the Information Providers and their respective affiliates, agents, or licensors shall be liable to you or to any other person for indirect, punitive, special, consequential, or incidental damages (including, but not limited to, trading losses, loss of profits or anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if Money.net, the Information Providers, or their respective affiliates, agents or licensors have been advised of the possibility of such damages. If any or all of Money.net, the Information Providers, and their respective affiliates, agents, or licensors are for any reason held liable to you or to any person, the liability of Money.net, the Information Providers, and their respective affiliates, agents, or licensors and any other person claiming through, on behalf of, or as harmed by you, is limited to: i) if you continue to receive the Information, a month’s credit of any monies paid to Money.net by you for the period at issue; or ii) if you no longer receive the Information, a refund of any monies due to Money.net from you for the period at issue.
26. Indemnification of Money.net. You shall indemnify Money.net, the Information Providers, and each of their respective officers, directors, partners, employees, and agents (the “Indemnified Parties”) against, and hold the Indemnified Parties harmless from, any and all Claims or Losses imposed on, incurred by, or asserted against the Indemnified Parties as a result of or relating to your non-compliance with any of the terms and conditions of this Agreement and your breach of any of your representations and warranties in this Agreement.
27. Default by Subscriber. If Money.net determines, in its sole discretion, that i) you are not in compliance with any of the conditions, terms, or provisions of this Agreement; ii) any of your representations in this Agreement are untrue; or iii) a petition or other proceeding in bankruptcy, insolvency, or for the appointment of a receiver is filed by or against you, then Money.net shall have the immediate right, in its sole discretion, to take one or more of the following actions: x) to terminate this Agreement without notice, or y) to pursue such other remedies as it may be entitled to by virtue of or under this Agreement, or at law or in equity.
28. Default by Money.net. If Money.net has breached or is in default under this Agreement, and such breach or default continues un-remedied for fifteen (15) days after you have given written notice to Money.net, you shall have the right to take one or more of the following actions; provided, however, that if such breach cannot be remedied by Money.net in good faith and with due diligence within fifteen (15) days and the failure to so remedy within fifteen (15) days does not cause you to be in violation of applicable laws or regulations or to otherwise materially injure you, then Money.net shall not be considered to be in default for so long as Money.net commences such actions as are necessary to remedy such breach within such fifteen (15) day period and thereafter diligently pursues such actions to remedy such breach or default: i) terminate this Agreement, or ii) to pursue such other remedies, as you may be entitled to by virtue of or under this Agreement or at law or in equity.
29. Assignment; Third-Party Rights. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You shall not assign this Agreement or any of your rights and obligations hereunder without the prior written consent of Money.net, which shall not be unreasonably withheld. Money.net may assign this Agreement and all of Money.net’s rights and obligations hereunder to an affiliate or subsidiary or to the surviving entity in the case of a merger or sale of all or substantially all of the assets of Money.net, provided however, that such assignment shall not relieve Money.net of its obligations hereunder.
30. Amendment. No amendment shall be binding on Money.net unless provided in an instrument duly executed by an authorized officer of Money.net.
31. Waiver; Good Faith. No failure on the part of Money.net or you to exercise, or delay in exercising any right, power, or privilege, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. The parties hereto shall act in good faith in the performance of their respective obligations under this Agreement and shall act as promptly as is reasonably practicable under the circumstances in granting or denying any consent or approval required hereunder.
32. Entire Agreement. This Agreement constitutes the entire agreement between you and Money.net with respect to the subject matter hereof and supersedes all prior negotiations, communications, understandings, and agreements with respect thereto.
33. Governing Law. This Agreement is considered established under, influenced by, and interpreted based on the laws of the state of New York, disregarding its principles related to conflicts of laws.
34. Notices. All notices, approvals, proposals, and other communications required or permitted to be given under this Agreement shall be delivered in writing either by personal delivery, e-mail, or other similar telecommunications device or mailed to the appropriate address as described below. Either party may change its address for service or specify a different contact person for purposes of this section by giving notice as provided hereunder. Notices to Money.net must be sent to: Money.net Holdings, Inc., 90 Matawan Rd. Matawan New Jersey 07747 or to firstname.lastname@example.org. Notices to Subscriber will be sent to the e-mail address provided by Subscriber during Money.net’s sign-up process.
35. Severability. Any section, subsection or other subdivision of this Agreement or any provision of this Agreement which is, or becomes, illegal, invalid or unenforceable shall be severed here from and shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions of this Agreement.
36. Force Majeure. In addition to the provisions of Sections 16 and 17, neither you nor Money.net shall be liable for delay or failure in the performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or Money.net, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or software malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay.
37. Survival. Even after the fulfillment of obligations or any termination of this Agreement, the stipulations of Sections 5, 6, 9, 10, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, and 34 will continue to remain in effect.
38. Change of Agreement Terms by Money.net: Money.net retains the authority to modify the conditions of this Agreement, encompassing any related Subscriber fees, without providing prior notification to you.
39. Agreement Effective Date. This Agreement takes effect on the date you either accept its terms, indicated by your action of clicking the “Agree” button on the website, or the date you commence using the Service, whichever happens earlier.