ExpertMoneyTalk Terms of Use

Effective Date: December 06, 2024

Thank you for visiting WexpertMoneyTalk website! 

We are pleased to provide you with our content and services and appreciate your patronage.  Before you engage with our website, we encourage you to read these ‘‘Terms of Use’’, so you know what to expect when visiting and engaging with us and our third-party partners.  

PLEASE READ THESE ‘TERMS OF USE’ (‘‘AGREEMENT’’) CAREFULLY. THIS ‘AGREEMENT’ IS A LEGAL CONTRACT BETWEEN YOU (‘USER’) AND EXPERTMONEYTALK    (‘SITE’,’SERVICE’,‘COMPANY’, ‘WE’, OR ‘US’)

By accessing or using our website, registering an account, subscribing to our newsletters, using any content, information, services, features, or resources available on our platform, or by clicking a button or taking any other action indicating your acceptance of this ‘Agreement’, you:

– Agree to be bound by this ‘Agreement’ and any future amendments or additions published through the services;

– Represent that you are of legal age in your jurisdiction to form a binding contract; and

– Represent that you have the authority to enter into this ‘Agreement’ personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the services.

Except as otherwise provided herein, if you do not agree to be bound by this ‘Agreement’ you may not access or use the our services.

Your use of the Services is also subject to any additional terms, conditions, and policies that we separately post in the ‘Legal’ section of this site. Some specialized features and tools accessible through our services are provided by third-party companies under their own separate ‘Terms of Use’ (‘Third-Party Terms’), which may differ from ours. By using such third-party features and tools, you agree that your relationship with the third-party service providers will be governed by the applicable ‘Third-Party Terms.’

Subject to Section 5.9 of this ‘Agreement’, the Company reserves the right to modify this ‘Agreement’ or its policies relating to the services at any time. Such modifications become effective upon the posting of an updated version of this ‘Agreement’ or any applicable supplemental terms. You should regularly review this ‘Agreement’. Your continued use of the services after any changes constitutes your acceptance of those changes.

1- Registration; Other Services
1.1- Registration Data.

When registering for an account or subscribing to any service, such as accessing a magazine or other subscription (‘Account’), you agree to provide accurate, current, and complete information (‘Registration Data’). You also agree to promptly update your Registration Data in the event of any changes, including but not limited to name, payment information, email address, or postal address. You may not register for an Account if prohibited or suspended from using the services under any applicable law or by the Company. Additionally, you agree not to maintain more than one Account for the same Company service at any given time. You are responsible for all activities under your Account and agree not to share your Account or password with anyone. Notify the Company immediately if you suspect unauthorized use of your Account or any security breach.

1.2- Subscriptions.

If you subscribe to a Company publication or other Service with recurring charges, you agree to provide and maintain updated payment and contact information to ensure uninterrupted service. If we cannot process your payment method, you authorize us to attempt updates via your issuing bank or card network. Subscription terms provided at enrollment will govern your subscription unless otherwise specified and are incorporated into this ‘Agreement’.

1.3- Sponsored/Affiliate Content.

Certain parts of the services may include links to third-party websites where the ExpertMoneyTalk may earn compensation from your actions, such as clicking or making a purchase. By clicking these links, as detailed in Section 3.4, you acknowledge that you are leaving the Company’s platform and entering a website we do not control.

1.4- Lead Generation.

Some services may allow you to be contacted by third-party providers for specific services. By providing your contact information, you consent to being contacted by these providers. The Company assumes no responsibility or liability for any products, estimates, or services offered by third parties.

1.5- Sweepstakes and Contests.

All sweepstakes, contests, and promotions conducted through the services are subject to their official rules, which are incorporated into this ‘Agreement’ unless otherwise specified.

1.6- Removal of Accounts or Subscriptions.

The Company reserves the right to remove or reclaim usernames at any time for any reason. You acknowledge that you have no ownership or property interest in your Account, and all rights to your Account belong to the Company.

1.7- ExpertMoneyTalk Privacy Policy.

Our collection and use of Registration Data and other information are governed by our ‘Privacy Policy,’ which is incorporated into this ‘Agreement’ by reference.

2- User Content
2.1- Responsible Party for Content.

You understand, acknowledge, and agree that all user generated content posted (that is, non-Company content), displayed, or performed on or through the services is the sole responsibility of the party from whom such content originated.  This means that each User is entirely responsible for all content that User makes available through the services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (‘User Content’).  User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to Company.  Company has no obligation to pre-screen any User Content.  You agree to use all User Content and interact with any other User at your own risk.  Without limiting the foregoing, Company reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content.  Company shall have the right to remove any content that violates this ‘Agreement’ or is otherwise objectionable as determined by Company.  Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this ‘Agreement’, Company’s policies, or applicable law.

2.2- Ownership of Your Content.

Company does not claim ownership of any User Content you make available on the services (‘Your Content’).  However, when you as a User post or publish Your Content on or in the services, you represent that you have all of the necessary rights to grant Company the license set forth in Section 2.3.  Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the services.

2.3- License to Your Content.

Subject to any applicable account settings that you select or license ‘Agreement’ you may be asked to agree to when posting or submitting Your Content on or though the services, you grant Company, its agent(s) and supplier(s), and anyone else authorized by Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose.  The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any ‘moral rights’ in Your Content.  In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of Your content by name, email address, or username, as Company deems appropriate.  You will not receive any compensation of any kind for the use of Your content.  Note that other Users may search for, see, use, modify, and reproduce any of Your content that you submit to any ‘public’ area of the site.  Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the site.

2.4- Ratings and Reviews.

Ratings and reviews posted by Users on our site are User content that is not endorsed by Company and does not represent the views of Company.  To the fullest extent permitted by law, Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews.  Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the services, you agree:

  • (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service;
  • (b) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation;
  • (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this ‘Agreement’.  If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of this ‘Agreement’, we may exclude, prohibit, or remove such User Content in our sole discretion without notice

.

2.5- Other Restrictions on User Conduct.

You agree not to use this site for any purpose prohibited by this ‘Agreement’ or by applicable law.  You shall not (and shall not permit any third-party to):

  • (a) take any action or
  • (b) make available any content on or through the Services that:

(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;

(iv) involves commercial activities and/or sales without Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes;

(v) impersonates any person or entity, including any employee or representative of Company or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services.  You alone are responsible for the content and consequences of any of your activities.

3- Ownership of and License to Use Company Services
3.1- Use of the Services. 

Except with respect to User Content, Company and its suppliers own or are licensees of the rights, title, and interest required for the site.  The site are protected by copyright and other intellectual property laws throughout the world.  Subject to this ‘‘Agreement’’, Company grants you a limited license to use the services solely for your personal non-commercial purposes.  Any future release, update or other addition to the services shall be subject to this ‘‘Agreement’’.  Company, its suppliers and service providers reserve all rights not granted in this ‘‘Agreement’’.

3.2- Trademarks. 

Company’s stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the site are the trademarks of Company and may not be used without permission in connection with any third-party products or services.  Other trademarks, logos, service marks and trade names that may appear on or in the site are the property of their respective owners.  You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

3.3- Restrictions on Use of Services. 

You agree not to do any of the foregoing:

  • (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the services or any portion of the site; 
  • (b) you shall not frame or use framing techniques to enclose any trademark, logo, or services (including images, text, page layout or form) of Company; 
  • (c) you shall not use any metatags or other ‘hidden text’ using Company’s name or trademarks; 
  • (d) you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, ● decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; 
  • (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to ‘scrape,’ harvest’, or download data from the site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); 
  • (f) you shall not use any data from the site for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); 
  • (g) you shall not access the site to build a similar or competitive website, application, or service; 
  • (h) you shall not except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; 
  • (i) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the site or use the site in violation of any third party’s intellectual property or other proprietary or legal rights; 
  • (j) you shall not use the site in violation of any applicable law; 
  • (k) you shall not attempt to gain unauthorized access to other computer systems through the site; 
  • (l) you shall not interfere with or attempt to interfere with the proper functioning of the site or use the site in any way not expressly permitted by this ‘Agreement’; and 
  • (m) you shall not attempt to harm our site or use the site in a manner that could interfere with any party’s use or enjoyment of the site, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the services, or interfering or attempting to interfere with use of the site by any other user, host, or network, including by means of overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing,’ or ‘crashing’ the site.  Any unauthorized use of the site immediately terminates the licenses granted by Company pursuant to this ‘Agreement’.
3.4- Third-Party Links. 

The services may contain links to third-party services such as third-party websites, applications, or ads (‘Third-Party Links’).  When you click on such a link, we will not warn you that you are about to or have left the services.  Company does not control and is not responsible for Third-Party Links.  Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links.  Your use of all Third-Party Links is at your own risk.

3.5- Embedded Video Links. 

Certain pages of the site provide the functionality for you to ‘embed’ videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the ‘Embedded Video’).  The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear.  If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page.  If you elect to embed video on a page, you agree as follows:

– (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, length, and advertising associated therewith) from how it is served from our servers;

– (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by the Company when the Embedded Video appears (the ‘Player’);

– (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that:

  • (a) the Embedded Video shall not be included in or used as part of, a service that sells access to video content;
  • (b) the Embedded Video is not used for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system);
  • (c) you shall not insert advertising, sponsorship or promotional messages in or immediately adjacent to, the Embedded Video or Player; and
  • (d) to the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by Company which is a sufficient basis for such sales.  You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to Company’s services.  You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Website without limitation of any provision of these ‘‘Terms of Use’’, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify, and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.
4- Indemnification and Limitation of Liability
4.1- Indemnification. 

You agree to indemnify and hold Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the ‘Company Parties’) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the services; (c) your violation of this ‘Agreement’; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations.  Company reserves the right, at its 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 Company in asserting any available defenses. 

4.2- Disclaimer of Warranties and Conditions.

You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services and any products offered through the services is at your sole risk, and the services and any products are provided on an ‘as is’ and ‘as available’ basis, with all faults. To the fullest extent permitted by applicable law, the company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of the services or information on the services, and the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from use of the services and products.  The company parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings. The company parties make no warranty, representation or condition that:

  • (a) the services or any products will meet your requirements or
  • (b) your use of the services will be uninterrupted, timely, secure, or error-free. 

If you rely on any data or information obtained through our products or services, you do so at your own risk.  You are solely responsible for any damage or loss that results from your use of such data or information.  Our products and services are provided with the understanding that Company and its users are not engaged in rendering legal, medical, counseling, or other professional services or advice.  Our products and services are not a substitute for professional services or advice.  Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice, or other content.

 

Certain state laws do not allow limitations on implied warranties.  If these laws apply to you, some or all of the foregoing disclaimers, exclusions, and limitations may not apply to you, and you may have additional rights.

4.3- Disclaimer of Certain Damages. 

To the fullest extent permitted by applicable law, the Company parties shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not Company has been advised of the possibility of such damages.

4.4- Cap on Liability.

Under no circumstances will the total aggregate amount that the Company parties are liable to you exceed the greater of (a) the total amount actually paid to Company by you during the twelve-month period prior to the act, omission or occurrence giving rise to such liability, or (b) one hundred dollars ($100).  The foregoing cap on liability shall not apply to liability of a Company party for (x) death, tangible property damage, or personal injury caused by a Company party’s gross negligence or for (y) any injury caused by a Company party’s fraud or fraudulent misrepresentation.

4.5- Basis of the Bargain.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you in connection with your access to and use of the site.

4.6- Exclusions.  

The laws of some states do not allow for the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you and you may have other rights. 

4.7- Survival. 

You agree that the provisions in this section will survive any termination of your Account, this ‘‘Agreement’’, or your access to the services.

5- General Provisions
5.1- Disclaimer. 

The information available through the site is provided solely for informational purposes on an ‘as is’ basis at user’s sole risk. The Company makes no guarantees as to the accurateness, quality, or completeness of the information and Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

5.2- Termination. 

At its sole discretion, the Company may modify, suspend, change, or discontinue the services, or may modify, suspend, change, or terminate your access to the services, for any reason or no reason, with or without notice to you and without liability to you or any third party.  In addition to restricting, suspending, or terminating your access to the services, for any reason or no reason, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.

5.3- Procedure for Making Claims of Copyright Infringement. 

If you believe content posted on the site infringes your copyright rights, please provide our Copyright Agent with the following information:

  • (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • (2)a description of the copyrighted work that you claim has been infringed;
  • (3) a description of the location on the services of the material that you claim is infringing;
  • (4) your address, telephone number, and e-mail address;
  • (5) a written statement 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 authorized to act on the copyright owner’s behalf. 

Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed by email to: contact@expertmoneytalk.com.  The Company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights.

Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer service inquiries.

5.4- Electronic Communications. 

The communications between you and company use electronic means, whether you visit the site or send Company e-mails, or whether Company posts notices on the site or communicates with you via e-mail.  For contractual purposes, you:

  • (1) consent to receive communications from the Company in an electronic form; and
  • (2) agree that all terms and conditions, ‘Agreement’s, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in ‘writing.’  The foregoing sentence does not affect your statutory rights.
5.5- Notice. 

Where the Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing Company with your most current e-mail address.  In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this ‘‘Agreement’’, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice

5.6- Governing Law and Exclusive Venue. 

This ‘Agreement’ and any action related there to will be governed and interpreted by and under the laws of the state of New York, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on contracts for the international sale of goods does not apply to this ‘Agreement’.  To the extent the parties are permitted under this ‘Agreement’ to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to this ‘Agreement’ will be litigated exclusively in the state courts in New York County, New York or Federal Courts located in the southern district of New York.

5.7- International Users.

The services are controlled and offered by the Company from its facilities in the United States of America.  ExpertMoneyTalk makes no representations that the services are appropriate or available for use in other locations.  Those who access or use the site from other countries do so at their own volition and are responsible for compliance with local law.

5.8- Export Control.

You may not use, export, import, or transfer the services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the services, and any other applicable laws.  In particular, but without limitation, the services may not be exported or re-exported:

– (a) into any United States embargoed countries, or

– (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.  By using the services, you represent and warrant that:

  • (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country and
  • (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
5.9- Entire ‘Agreement’.

This ‘Agreement’ is the final, complete, and exclusive ‘Agreement’ of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.  Any waiver or failure to enforce any provision of this ‘Agreement’ on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.  If any portion of this ‘Agreement’ is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.  Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.  This ‘Agreement’, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

5.10- Questions, Complaints, Claims, Permissions

If you have any questions, complaints, or claims with respect to the services, please contact our customer service department using the contact information available on the site and we will do our best to address your concerns.  For usage and/or reprint permission requests, please email contact@expertmoneytalk.com.

5.11- California Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

ExpertMoneyTalk Terms of Use
Effective Date: December 06, 2024

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