Last Modified Date: November 1, 2021
The use of www.moneymobilizer.com (hereafter “Website”), which is owned and maintained by Money Mobilizer, LLC (“we,” “our,” or “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 8. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 8 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.moneymobilizer.com/terms-of-use/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
- Website Use
- IMPORTANT DISCLAIMER ABOUT MONEY MOBILIZER AND ITS SERVICES – YOUR RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
- Website User Conduct and Restrictions
- Testimonials and Reviews
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Money Mobilizer’s Additional Remedies
- Notice and Takedown Procedures; Copyright Act
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for use by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – IMPORTANT DISCLAIMER ABOUT MONEY MOBILIZER AND ITS SERVICES –RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
Money Mobilizer is a publisher that disseminates information about financial, insurance and other issues that impact physical therapists. Money Mobilizer is not an investment advisory service, a registered investment advisor, broker-dealer, or any other type of business subject to regulation by the Securities and Exchange Commission, the Commodities Futures Trading Commission, or state securities regulators, or any “self-regulatory organization” (such as FINRA). WE DO NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES, CURRENCIES, OR INVESTMENTS CUSTOMERS SHOULD BUY OR SELL THEMSELVES, WE DO NOT MAKE TRADES FOR YOU AND ARE NOT A TRADING PLATFORM. Nor is Money Mobilizer an insurance broker, agent or advisor. Please do not sign up for our services if this is what you are seeking.
Although Money Mobilizer strives to provide accurate and reliable information from sources that it believes to be reliable, Money Mobilizer makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. Money Mobilizer makes no guarantee or promise of any kind, express or implied, that anyone will profit from or avoid losses from using information disseminated through Money Mobilizer.
All investments are subject to risk of loss, which you should consider in making any investment decisions. By agreeing to these Terms, you are agreeing to the risks involved in any investment, and are also acknowledging that you, and not Money Mobilizer, are solely responsible for any losses, financial or otherwise, as a result of using the Website and Money Mobilizer’s services. Money Mobilizer shall, under no circumstances, be liable for any lost investment of money, lost profits, or lost opportunities. You should consult with a financial advisor, attorney, accountant or other qualified professional prior to making any investment decision.
The risk of loss in investing can be substantial, and you must be prepared for the possibility to lose some or all of your investment. You should therefore carefully consider whether such investing is suitable for you in light of your financial condition. Past results are not indicative of future results.
The content and information that Money Mobilizer distributes and provides are for informational and educational purposes. No one should consider the information disseminated by Money Mobilizer to be personalized investment advice, a recommendation to buy, sell or hold any investment, an offer (or a solicitation of an offer) to buy or sell any investment, or the provision of any other kind of advice that would require Money Mobilizer to register as a broker-dealer, investment adviser or similar entity. No one associated with Money Mobilizer is authorized to make any representation to the contrary.
It should not be assumed that the methods, techniques, or information presented on the Website will be profitable or that they will not result in losses. You should use the information on the Website only as a starting point for doing additional independent research to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
Money Mobilizer provides information that viewers of its programs may consider in making their own investment decisions. However, you will be responsible for considering such information carefully and evaluating how it might relate to your own decision to buy, sell or hold any investment. Such decisions must be based on your individual and independent evaluation of your financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from Money Mobilizer.
It is possible that any individual providing information or expressing an opinion on the Website may hold an investment position (or may be contemplating holding an investment position) that is inconsistent with the information provided or the opinion being expressed. This may reflect the financial or other circumstances of the individual or it may reflect some other consideration. Additionally, the independent contractors and employees or affiliates of Money Mobilizermay hold positions in the stocks, currencies or industries discussed on the Website or in the services. You should take this into account when evaluating the information provided or the opinion being expressed.
In addition, hypothetical performance results have many inherent limitations, some of which are described here. No representation is being made that any account or service will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular investment program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical investing does not involve financial risk, and no hypothetical investing record can completely account for the impact of financial risk in actual investing, including the ability to withstand losses.
Money Mobilizer also receives compensation or remuneration from some or all of the companies or institutions that are discussed on the Website.
SECTION 3 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, copyrighted material, trademark, trade name, patent, trade dress, trade secret, or confidential information owned by us.
Subject to your continued strict compliance with all Terms, we provide to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to us. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website.
SECTION 5 – TESTIMONIALS AND REVIEWS
We are pleased to hear from users and customers and welcome your comments regarding our Website. We may use testimonials and/or reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to the Website or services, in printed and online media, as we determine in our sole and exclusive discretion. Testimonials represent the unique experience of the participants submitting the testimonial, and do not necessarily reflect the experience that you may have using our Website or services. As set forth above in Section 2, your results will vary depending upon a variety of factors unique to you and market forces beyond our control.
NEITHER MONEY MOBILIZER NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN TESTIMONIALS ON THE WEBSITE.
Anything that you submit or post to the Website, provide us, and/or post in any social media, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, Money Mobilizer reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Money Mobilizer shall be under no obligation to use any, or any part of, a testimonial or product review submitted.
SECTION 6 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE , SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 7 – LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL MONEY MOBILIZER’S LIABILITY TO YOU EXCEED FIVE-HUNDRED DOLLARS ($500).
SECTION 8 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Money Mobilizer agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Money Mobilizer expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Money Mobilizer, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Notwithstanding anything to the contrary in the foregoing Section 8, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Sacramento, California on a class basis, and (c) any claims other than for public injunctive relief under the aforementioned California statutes must be arbitrated on an individual, non-class basis as otherwise set forth in this Section 8.
SECTION 9 – MONEY MOBILIZER’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Money Mobilizer, in the event of any breach or threatened breach by you of the provisions of this Agreement, or any infringement or threatened infringement by you of the intellectual property of Money Mobilizer or a third-party, Money Mobilizer shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Sacramento, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Money Mobilizer from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Sacramento, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 10 – INDEMNIFICATION
SECTION 11 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Money Mobilizer a notice requesting that Money Mobilizer remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Money Mobilizer a counter-notice. Notices and counter-notices should be sent by e-mail to Money Mobilizer’s Copyright Agent at [email protected] with the subject line “DMCA Notice” or “DMCA Counter-Notice”, and the e-mail must include all information and affirmations required by the Digital Millennium Copyright Act.
SECTION 12 – THIRD PARTY LINKS
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Money Mobilizer shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website, services or products for legitimate purposes only.
SECTION 13 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 2, 5 through 10, and 14 through 22 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Money Mobilizer.
SECTION 14 – NO WAIVER
No failure or delay on the part of Money Mobilizer in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Money Mobilizer.
SECTION 15 – GOVERNING LAW AND VENUE
SECTION 16 – FORCE MAJEURE
Money Mobilizer will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 17 – ASSIGNMENT
Money Mobilizer may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Money Mobilizer’s (or its assigns’) express written consent.
SECTION 18 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Money Mobilizer through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 19 – CHANGES TO THE AGREEMENT
SECTION 20 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any information, service or product from the Website. You further represent that Money Mobilizer has the right to rely upon all information provided to Money Mobilizer by you, and Money Mobilizer may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
SECTION 21 – SEVERABILITY
Except as provided in Section 8 above with respect to the class action waiver, if any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 22 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Money Mobilizer and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Money Mobilizer. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 23 – CONTACTING US
We encourage our customers to contact us with questions or comments about our Website and services. Please feel free to do so by sending an e-mail to [email protected].