MoneyViber.com (“MoneyViber.com”) requires that you carefully read, understand and agree to the following terms and conditions contained in this Terms of Use Agreement (“Terms of Use”). By accessing, browsing or using this website, and the websites of the below listed companies (“Websites”), or any page thereof, through any direct or indirect means, or by using the goods, facilities or services offered in or through the Websites (including through alternative methods such as telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use.
THESE TERMS OF USE CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 9, 11 and 15). EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MoneyViber.com WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. These provisions form an essential basis of our bargain.
If you do not agree to these Terms of Use, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of these Terms of Use, “You” or “Your” means the person(s) using the Websites, and/or the goods, facilities or services of MoneyViber.com (“Services”) and its affiliates. “You” or “Your” also includes the person(s) that have given consent to others to provide information about themselves to MoneyViber.com (as defined below), the banks, lenders, financial institutions, providers, brokers, aggregators, and providers of other goods and services (“Providers”).
“MoneyViber.com”, “us” or “we” means MoneyViber.com, its subsidiaries, affiliates, and any website operated by MoneyViber.com.
1. Modification of Terms of Use
MoneyViber.com operates the Websites and has the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Websites. Any use by You of the Websites or the good, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes.
2. Access and Use of Website
By accessing the Websites, you agree to be bound by these Terms of Use. The Websites are intended for individuals who are at least 18 years of age and reside in the United State and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, You should not be visiting the Websites or utilizing MoneyViber.com Services.
3. Consumer Privacy Policy
The MoneyViber.com Privacy Policy, hereby incorporated by reference into these Terms of Use, explains the policy applicable to the information that is collected through the Websites, received directly from You or transmitted to or from third parties.
4. Consent to Receive Electronic Disclosures and Communications, including Autodialed Calls, Pre-Recorded Calls, Text Messages and Email
Although we may communicate with You by regular mail, we may communicate with you by email or by posting notices on the Website. You agree to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we provide to you electronically (“Disclosures and Communications”) satisfy any legal requirement that such communications be in writing.
Disclosures and Communications may transmit or convey information about action taken on Your request, portions of Your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of MoneyViber.com, and Providers.
If time you do not wish to continue to receive communications from MoneyViber.com, Click Here. If you wish to discontinue communications from Providers contact them directly.
5. Use of the Website in the United States
The Website is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Website may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Website, You do so on Your own initiative and at your own risk, and You are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
6. Copyright, Trademark and Service Mark Notices
All contents of the Websites are subject to copyright and other protection. MoneyViber.com is a trademark of MoneyViber.com. Other product and company names mentioned herein, including the names of Providers, may be the trademarks of their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of the MoneyViber.com or the applicable Mark holder specific for each such use. The Marks may not be used to disparage MoneyViber.com, the Providers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by MoneyViber.com in writing.
Everything that appears on the Websites is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms of Use. MoneyViber.com neither represents nor warrants that Your use of materials displayed at the Websites will not infringe rights of third parties.
7. Disclaimers and Liability
The Websites and Services are subject to change without prior notice, and MoneyViber.com has no ability to control the availability of any Provider’s good and services, which may change without prior notice. UNDER NO CIRCUMSTANCES WILL MoneyViber.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. MoneyViber.com AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LENDERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR MoneyViber.com'S SERVICES IS AT YOUR OWN RISK. MoneyViber.com AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LENDERS, OR PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR MoneyViber.com'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, DATA OR PERSONAL INFORMATION, 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 MoneyViber.com RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MoneyViber.com AND/OR ITS SUPPLIERS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnity
As a condition of use of the Websites and/or MoneyViber.com's services, you agree to indemnify MoneyViber.com and its suppliers, and Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by You of these Terms of Use.
9. Limitation on Damages
In no event will MoneyViber.com have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
10. Links to Third-Party Websites
MoneyViber.com has not reviewed any websites that may be linked to the Websites and is not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to any other off-site pages or other sites is at Your own risk.
11. Errors and Delays
MoneyViber.com is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by You or other technical problems beyond our reasonable control.
12. Release and Discharge
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE MoneyViber.com AND ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
13. Dispute Resolution
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MoneyViber.com WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST MoneyViber.com INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Except if You opt out or for disputes relating to Your relationship with the Website, including disputes related to these Terms of Use (as provided for below), Your use of the Website and/or rights of privacy and/or publicity will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and You and MoneyViber.com hereby expressly waive trial by jury.
As an alternative, You may bring your claim in your local “small claims” court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither You nor MoneyViber.com will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if MoneyViber.com is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either MoneyViber.com or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
You may opt out of this agreement to arbitrate. If You do so, neither You nor MoneyViber.com can require the other to participate in an arbitration proceeding. To opt out, You must notify MoneyViber.com in writing within 30 days of the date that You first became subject to this arbitration provision. You must use this address to opt out:
MoneyViber.com
ATTN: Arbitration Opt-out
3110 Main Street, Building C
Santa Monica, CA 90405
You must include your name and residence address, the email address You used, and a clear statement that You want to opt out of this arbitration agreement.
The arbitrator's award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Clause will be null and void. This arbitration agreement will survive the termination of Your relationship with MoneyViber.com.
In any arbitration, MoneyViber.com will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. MoneyViber.com will pay additional arbitration expenses to the extent that the arbitrator determines that MoneyViber.com must do so in order to ensure the enforceability of this Arbitration Clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and MoneyViber.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, CA, except in the event of a claim in small claims court as provided for herein. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
14. Agreement to Receive Text Messages
By providing your mobile number, you agree that moneyviber.com may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
- Message frequency varies.
- You may unsubscribe at any time by texting the word STOP to the 380-257-0604. You may receive a subsequent message confirming your opt-out request.
- For help, send the word HELP to 380-257-0604.
- Message and data rates may apply.
- United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
- T-Mobile is not liable for delayed or undelivered messages.
- You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
15. Other Terms
These Terms of Use constitutes the entire agreement between You and MoneyViber.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between You and MoneyViber.com.
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Deleware, excluding its conflict of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
If you have any questions please contact moneyviber.com at 380-257-0604.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.