Website Terms of Use
Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include, but are not limited to, various limitations and exclusions, and indemnities. By accessing or using the site (as defined below), you agree to be bound by these terms of use and all terms incorporated by reference. If you do not agree to all of these terms, do not access or use the site.
These terms contain a mandatory individual arbitration provision and a class action/jury trial waiver provision that require, unless you opt out pursuant to the instructions in the arbitration agreement, the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including any claims that arose or were asserted before you agreed to these terms. To the fullest extent permitted by applicable law, you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.
These Website Terms of Use (“Terms”) apply to your access to, and use of, any website, including Moneytreeinc.com, or any other online or mobile application (collectively, the “Site”) of Moneytree, Inc. (“Moneytree ,” “we ,” “us ,” or “our ”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Moneytree for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with Moneytree, then the terms of the other agreement will control. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Moneytree if you violate these Terms. If you do not have such authority, you must not access or use the Site.
Eligibility
This Site is offered and available to users who are 18 years of age or older, can form legally binding contracts under applicable law, and who are located in the Offer Locations (as defined below). If you do not meet these conditions, you must not access or use the Site.
Privacy Policies
The Site collects information about its visitors. You agree that all such information, including without limitation information you provide to use or register with this Site, is governed by our Privacy Policy, which is incorporated here in by reference and forms an integral part of these Terms, available here: https://www.moneytreeinc.com/company/privacy/privacy-policy. You acknowledge that you have read the Privacy Policy as it may be updated from time to time and hereby consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your Customer Account
Access to certain services and features of the Site may require you to create and use a customer account. You must: (a) provide accurate, truthful, current and complete information with respect to your customer account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others, restricting access to your account and not authorizing any other person to access or use the Site through your account; (d) promptly notify us if you discover or suspect any unauthorized access to your customer account or any other security breach related to the Site; and (e) take sole responsibility for all authorized and unauthorized activity that takes place with or through your customer account. If you provide any information through a customer account, you represent and warrant that such information complies with these Terms of Use, you own or control all rights in and to such information, and you have the right to grant Moneytree the ability to receive and process that information.
Copyright, Trademarks and Limited License
Unless otherwise indicated, the Site and all content and other materials made available on or through the Site, including, without limitation, the Moneytree name, Moneytree trademarks and logos, the Money in Time and Moneytree Lending trademarks and all other designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof (collectively, the “Moneytree Materials”), are the proprietary property of Moneytree or our licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Site and the Moneytree Materials for your personal or internal business use only in accordance with these Terms; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Moneytree Materials, unless otherwise authorized by Moneytree; (b) the distribution, public performance or public display of any Moneytree Materials; (c) modifying or otherwise making any derivative uses of the Site and the Moneytree Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Moneytree Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Moneytree Materials other than for their intended purposes.
Any use of the Site or the Moneytree Materials other than as specifically authorized herein, without the prior written permission of Moneytree, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
User Conduct
The Site may include interactive areas where you or other users can create, post, or submit reviews or other information on the Site (“User Content”).
Moneytree shall have no liability of any kind with respect to any User Content posted by you or other users of the Site. You agree that you must assess and bear all risks associated with your use of any User Content. In this regard, you may not rely on any User Content created by users or otherwise created, distributed and displayed on any part of the Site. Moneytree does not control or monitor all of the User Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
The User Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Moneytree does not own any of the User Content you post. By placing User Content on the Site you are providing Moneytree with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, to publicly display, modify, reproduce and distribute your User Content, in whole or in part, on the site for editorial and promotional purposes of the Site. Moneytree reserves the right to exploit or promote this User Content in connection with the promotion of products or services offered by Moneytree.
You are prohibited from submitting to or transmitting through the Site any unlawful, libelous, defamatory, obscene, harmful, threatening, abusive, harassing, vulgar, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. We reserve the right, in our sole discretion, to reject, refuse to post, or to remove any posting or other User Content by you, or to deny, restrict, suspend, or terminate access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
You further agree that you are solely responsible for your conduct while accessing and using the Site, and you agree that you will not do any of the following in connection with the Site or our users:
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the
Site in any manner; - Impersonate, or otherwise misrepresent your affiliation with, a person or entity;
- Use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any applicable law; or
- Circumvent or attempt to circumvent any filtering, security measures or other features.
Submissions
With the exception of submissions of information made through your customer account in order to apply for, obtain, manage, or execute a loan, or to otherwise avail yourself to Moneytree’s services as a financial services customer, any questions, comments, suggestions, materials or other information that you submit about Moneytree, our financial products and services or our Site (collectively, “Submissions”), are non-confidential and shall become the sole property of Moneytree. Moneytree shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to the Site and Other Websites
You may link to the Site, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Site in a way that suggests any form of association, endorsement or approval on the part of Moneytree where none exists, or link from any website that you do not own or frame the Site on another site. We reserve the right to withdraw linking permission at any time in our sole and complete discretion. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method are strictly prohibited.
The Site may contain links to websites and resources provided by third parties (“Linked Sites”). These links are provided only for convenience. We have no control over and are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by Moneytree of those websites, any product or service offered on or through those websites or persons associated with those websites. Moneytree makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website, and you acknowledge that Moneytree is not responsible for the availability of such links, resources or content and is not liable for, any content, advertising, products, or other materials made available on or from these linked websites.
Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you and the Linked Site provider.
Disclaimers and Limitation of Liability
Moneytree provides the site on an “as is,” “where is” and “where available” basis, with no warranty of any kind, whether express, implied or statutory (including without limitation warranties of title or the implied warranties of merchantability or fitness for a particular purpose). This does not affect those warranties that are incapable of exclusion, restriction or modification by law. You acknowledge that neither Moneytree, its officers, directors, employees, agents, third party content providers or licensors; nor Moneytree’s affiliates, nor any of their respective officers, directors, employees, agents, third party content providers or licensors (each a “Moneytree Party”) warrants that the site will be uninterrupted or error free; nor does any Moneytree Party make any warranty as to the results that may be obtained from using the site, or as to the timeliness, sequence, accuracy, reliability, completeness or content of any information, service, or merchandise provided through the site. No Moneytree Party endorses products or services appearing on linked sites or purchased via linked sites.
The information presented on or through the site is made available solely for general information purposes. No Moneytree Party warrants the accuracy, completeness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except where the law requires a different standard, you agree that no Moneytree Party will be liable for any loss, property damage, bodily injury, lost profits, loss of data, computer failure, or violation of your rights by any third party, arising from the Site or your use thereof, even if Moneytree has been advised of the possibility thereof and regardless of the legal or equitable theory on which the claim is based. To the maximum extent permissible under applicable law, no Moneytree Party will be liable to you or any third party claiming through you for any direct, indirect, special or consequential, economic or other damages, or any rights to have damages increased or multiplied, arising in any way out of the installation, use or inability to use the Moneytree materials or the site, including without limitation any damages caused by or resulting from reliance on any information obtained through the site or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Moneytree’s records, programs or services. In any event, Moneytree’s maximum aggregate liability to you shall not exceed the lesser of (1) all direct damages you incurred and (2) $100. As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with the Site or your use thereof, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means (without limitation) that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of the Site or any Moneytree service, or any aspect thereof, or intellectual property owned, licensed, used, or controlled by Moneytree.
Any cause of action you may have with respect to these terms or the site must be commenced within six (6) months after the claim or cause of action arose, or it will be barred.
Blog Specific Disclaimers
All blog articles (“Articles”) on the Site are published and provided for general informational purposes only and are not intended to constitute professional advice of any kind including but not limited to, accounting, tax, legal or financial advice. You agree that the information in the Articles do not create an advisor-client or other professional relationship between you and Moneytree or Article authors or editors. The views reflected in the Articles are subject to change at any time without notice, and should never be a substitute for obtaining advice from a qualified professional advisor. While Moneytree provides the information in good faith, all information is provided “as is,” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose (see Disclaimers and Limitation of Liability above).
- Investment Disclaimer
Nothing on any Article constitutes investment advice, performance data or any recommendation that any security, portfolio, investment product, or investment strategy is suitable for you. Investment strategies discussed in Articles may involve a substantial risk of loss and may not be suitable for all investors. Past performance does not guarantee future results. - External Link Disclaimer
Articles may contain links to other websites (which may include message boards or forums). Your use of such sites is entirely at your own risk. The fact that Moneytree has linked to these sites does not constitute an endorsement or recommendation of any kind. The links to these sites are being provided only as a convenience to you, and are strictly for informational purposes. We do not assume any responsibility for the actions, products, services and content of these sites or the parties that operate them (see Links to the Site and Other Websites above). - Tax Disclaimer
Moneytree is not to be considered a licensed tax advisor or counsel, and shall not be relied upon for tax advice. Do not rely on any information in any Article related to taxes, as Moneytree makes no warranties or claims to the accuracy of this material. You are solely responsible for complying with all applicable tax laws.
Indemnification
You will defend, indemnify and hold harmless the Moneytree Parties from and against all claims, damages, costs, liabilities and expenses, including but not limited to attorneys’ fees, arising out of your: (a) use of the Site; (b) any Submission or User Content you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
Arbitration Agreement
Please read this section carefully because it requires you to arbitrate disputes with Moneytree and it limits the manner in which you can seek relief.
You and Moneytree agree to submit any and all controversies, disputes or claims (collectively, “disputes”) arising out of or relating in any way to these Terms or the Site, irrespective of when that controversy, dispute, or claim arose, including any claims that arose or were asserted before you agreed to these Terms, to final and binding confidential arbitration on an individual basis, except that you and Moneytree are not required to arbitrate: (i) any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any claim within the jurisdictional limits of small claims court, provided that you or Moneytree bring such claim in small claims court. Arbitration prevents you from suing in court or from having a jury trial. Your rights will be determined exclusively by a neutral arbitrator, whose findings will be final and binding, and not a judge or jury, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). You understand and agree that, by entering into these terms, you and Moneytree are each waiving the right to a trial by jury or to participate in a class action unless you follow the opt-out procedures described below.
This Arbitration Agreement extends to Moneytree, its subsidiaries and/or its affiliates. This includes any claims against other parties (such as Moneytree’s suppliers or licensors) whenever you also assert claims against Moneytree in the same proceeding; it also includes questions about whether the dispute can be arbitrated, whether this Arbitration Agreement is valid and enforceable, and the scope of this Arbitration Agreement. You and Moneytree each also agrees that this agreement affects interstate commerce so that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., (as it may be amended, “FAA”) and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).
You can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by sending written notice to: ATTN: Arbitration Agreement Opt-Out, Moneytree, Inc., P.O. Box 58443, Seattle, Washington 98138, with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
You and Moneytree each agree it would be advantageous to discuss and if possible resolve Disputes before formal arbitration proceedings are initiated. The party making a claim, whether you or Moneytree, shall give the other an opportunity to resolve your claim by sending a written description of the claim (the “Notice of Dispute”). If Moneytree is making a claim, the Notice of Claim will be sent via email to the email address that Moneytree has on file for you; but if no such information exists, or if such information is not current or does not work, then Moneytree has no notification or delay obligations under this section. If you are making a claim, you must send a written Notice of Dispute to: ATTN: LEGAL, Moneytree, Inc., P.O. Box 58443, Seattle, Washington 98138. The Notice of Dispute must contain enough information for Moneytree to attempt to resolve your claim, including (a) your name; (b) your email address, if applicable; (c) a written description of the problem, relevant documents, and supporting information; and (d) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing Moneytree to discuss your Dispute with your attorney or other representative. You and Moneytree each agree to negotiate your claim in good faith for a sixty (60)-day period. You agree that you may not commence any arbitration or court proceeding during this 60-day period, and any claim you bring against Moneytree in arbitration or in court shall be dismissed, unless you first give Moneytree Notice of Dispute as required in this section. If you and Moneytree are unable to resolve the claim within 60 days after the Notice of Dispute is received, the claimant may proceed to initiate proceedings as set forth in the Arbitration Agreement or as permitted by applicable law. All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding.
If you and Moneytree are unable to resolve your claim within sixty (60) days despite those good faith efforts and you have not opted out of arbitration as described above, then either you or Moneytree may start arbitration proceedings. Any Dispute or arbitration demand relating thereto shall be submitted to Judicial Mediation and Arbitration Services (“JAMS”) for final and binding arbitration. The arbitration of all disputes will be administered and conducted by JAMS under its rules as applicable at the time the arbitration is commenced. For claims less than $75,000, the JAMS Streamlined Arbitration Rules will apply; for claims over $75,000, the JAMS Comprehensive Arbitration Rules will apply. For claims that total less than $10,000, you may instead choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. Unless otherwise agreed upon by both parties, the arbitration of all disputes will be conducted by a single arbitrator and will take place either in the county of the last billing address on file for you (if applicable) or in Seattle, Washington. For Disputes arising from an event that occurred or will occur in Illinois, the parties agree that the arbitration may be held in Illinois.
The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected using the following procedure: (a) JAMS will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the JAMS within 14 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) JAMS shall appoint as arbitrator the candidate with the highest aggregate ranking. If for any reason the appointment cannot be made according to this procedure, JAMS may exercise its discretion in appointing the arbitrator.
Costs and fees of the arbitration will be allocated as set forth in the JAMS rules applicable to the arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you initiate an arbitration, you are required to pay JAMS an initial filing fee, but Moneytree will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then Moneytree will not reimburse your initial filing fee. This Arbitration Agreement authorizes the arbitrator to award sanctions (such as fees) against your counsel.
The arbitration proceeding shall be confidential and closed to the public. In addition, the existence of the arbitration proceeding, its underlying allegations, and all records pertaining to the arbitration (including evidence, documents, or testimony introduced or produced in an arbitration proceeding) shall be confidential; may be used only in that proceeding; and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. You and Moneytree each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims. You are responsible for your own attorneys’ fees; Moneytree will not pay any attorneys’ fees.
If the Dispute could have been brought in small claims court, then either you or Moneytree may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Even if a Dispute is to be brought in small claims court, the party bringing the claim must still comply with the pre-arbitration notification requirements above by providing the other party with a written Notice of Dispute and negotiating its claims in good faith for sixty (60) days; only thereafter may the claim be filed in small claims court. Any dispute about whether a Dispute qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration. The substantive law that applies to such a dispute shall be the law of the state of Washington, without regard to conflicts of laws principles.
Other than expressly set forth in the foregoing, neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any Dispute until such Dispute shall have been finally adjudicated via arbitration as herein provided, and then only for the enforcement of the arbitrator’s award; provided, however, Moneytree may seek interim, injunctive, or equitable relief in a court of competent jurisdiction, without thereby waiving its right to arbitrate or compel arbitration of the Dispute under this Arbitration Agreement.
Nothing in this arbitration agreement will be deemed as preventing moneytree from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Moneytree’s data security, confidential information, or intellectual property rights.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim. As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with the site or your use thereof, any service, and/or any event, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means (without limitation) that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of the site or any service, or any aspect thereof, or intellectual property owned, licensed, used, or controlled by Moneytree, its subsidiaries or its affiliates.
You and Moneytree agree that any arbitration will occur in Seattle, Washington, U.S.A. and that the selection of the arbitrator shall be made by mutual agreement of you and Moneytree. If you and Moneytree are unable to agree upon an arbitrator, an arbitrator shall be appointed by a court of competent jurisdiction in Seattle, Washington. You and Moneytree also agree that the state or federal courts in King County, Washington, U.S.A. have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
The provisions of this Arbitration Agreement shall supersede any inconsistent provisions of any prior agreement between the parties. This Arbitration Agreement shall remain in full force and effect notwithstanding any termination of your use of the Site or these Terms.
If a court or arbitrator determines in an action between you and Moneytree that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and Moneytree agree that the parties will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
You and Moneytree each agree that a party may only bring claims in its individual capacity and on its own behalf, except that Moneytree may bring claims on behalf of its affiliates and its subsidiaries. Any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not as a class, representative, mass, or consolidated action (“class action waiver”). The foregoing applies to all users (both natural persons and entities), regardless of whether you have obtained or used the service for personal, commercial, or other purposes. This class action waiver applies to class arbitration, and, unless Moneytree agrees otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims. You and Moneytree each agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other parties. You and Moneytree waive the right to bring any Dispute as a class, consolidated, mass, representative, collective, or private attorney general action, or to participate in a class, consolidated, mass, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures (or other JAMS rules applicable to your Dispute) to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, mass, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. This Class Action Waiver applies and is effective irrespective whether Disputes are resolved through arbitration or adjudicated by a court. If a court or arbitrator determines in an action between you and Moneytree that any part of this Class Action Waiver is unenforceable with respect to any claim, the Arbitration Agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or Moneytree may assert in that or any other action.
Jury Trial Waiver
If a claim proceeds in court rather than through arbitration, you and Moneytree each waive any right to a jury trial with respect to all claims and issues arising thereunder, in connection therewith, touching upon or relating thereto, including any claim sounding in contract, tort, or fraud.
Forum; Jurisdiction; Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws rules. You agree that any claim or cause of action relating to these Terms will be brought in the courts located in Seattle, Washington and you agree to submit to such personal jurisdiction and waive all objections thereto.
Miscellaneous
- Currency and Interest Rates
All references in the Site to currency are to the lawful money of the United States, unless expressly stated otherwise. Interest rates indicated on the Site are subject to change without prior notice. - Amendments
We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Site and by revising the “Last Updated” date at the top of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Site or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Site. By continuing to access or otherwise use the Site after any amended Terms have been posted to the Site, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only. You are responsible for regularly reviewing the site to obtain timely notice of such amendments. - Termination
Moneytree reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site. Moneytree also reserves the right to terminate in our sole discretion any feature or functionality of the Site without notice to you. Notwithstanding any other provision of these Terms to the contrary, the following provisions, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this agreement and remain in full force and effect and be binding upon the parties as applicable: Copyright, Trademarks and Limited License; Disclaimers and Limitation of Liability; Governing Law, as well as this provision (Termination). - Assignment and Transfer
We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Site to any third party without the prior written consent of Moneytree. Also, these Terms are solely for your benefit and those of any Moneytree Party, and not for the benefit of any other person, except for permitted successors or assigns. - Waiver and Severability
If we fail to assert or waive any term or condition of these Terms, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, if any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision will be deleted or limited to the minimum extent such that the remaining provisions of the contract will continue in full force and effect. - Entire Agreement
These Terms constitute the sole and entire agreement between you and us with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Questions & Contact Information
Questions or comments about the Site may be directed to:
- privacyofficer@moneytreeinc.com
- Privacy Officer, P. O. Box 58443, Seattle, Washington 98138