Acceptance
By using any Money Measures Inc. software, or by using or visiting the Money Measures Inc. website (collectively the “Website Service”), you agree to both these terms of service (“Terms of Use”) and the terms and conditions of the Money Measures Inc. Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, you are not permitted to access or use the Website Service. These Terms of Use apply to all users of the Website Service. You may not use the Website Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Money Measures Inc. (“Money Measures”, “we” or “us”).
By accepting this Agreement, you represent and warrant to Money Measures that you have the capacity to be bound by this Agreement and that it is a valid and binding obligation, enforceable against you in accordance with its terms.
Website Access
Money Measures hereby grants you a limited, revocable, non-transferable, non-sublicensable licence to access and use the Website Service, subject to and in accordance with these Terms of Use, provided that:
a. your use of the Website Service is solely for your personal use;
b. you agree not to provide any third party with access to the Website Services;
c. you will not copy, distribute, trade, sell or resell the Website Service or any part thereof in any medium or manner;
d. you will not alter or modify any part of the Website Service; and
e. you will otherwise comply with these Terms of Use.
In order to access some features of the Website Service, you will have to create an account. You may not use another's account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Money Measures immediately of any breach of security or unauthorized use of your account. Although Money Measures will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Money Measures or others due to such unauthorized use.
If you registered for a free or trial use of the Website Services you may not have access to all features of the Website Services, as certain portions of the Website Services are offered only on a payment or subscription basis.
If you purchase more than one licence for use of the Website Service, you may designate single user for each licence. Each user must create and use separate log in credentials. These Terms of Use will apply to each user, who may use the Website Service only in accordance with these Terms of Use, and in such case all references to “your” or “you” shall be read as references to each authorized user.
Payment
For Website Services offered on a payment or subscription basis this Agreement incorporates by reference and includes ordering and payment terms provided to you on the Money Measures website.
Payments will be billed to you in Canadian dollars, and you will be charged when you subscribe and provide your payment information, unless stated otherwise in the payment terms on the Money Measures’ website.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Website Services.
Money Measures will automatically renew your subscription at the then-current rates, unless the Website Services are cancelled or terminated under this Agreement.
Money Measures may allow subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift subscription. No refunds will be issued for the unused portion of any gift subscription. The recipient of the gift subscription will be required to activate the subscription and the term of the subscription will commence once activated by the recipient. The recipient will be notified of the expiry of the subscription term, however gift subscriptions will not renew automatically unless the recipient of the gift provides payment information. These Terms of Use will apply to the recipient of any gift subscription, who may therefore use the Website Service only in accordance with these Terms of Use, and in such case all references to “your” or “you” (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the recipient of the gift subscription.
Additional cancellation or renewal terms may be provided to you on the Money Measures website.
Use of the Website Services may require a compatible mobile device, computer, internet access and / or require software. You are solely responsible for these requirements, including any applicable changes, updates and fees. Money Measures makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and/or access to the Website Services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Website Services, and Money Measures disclaims any and all liability with respect to such matters.
Intellectual Property Rights
The Website Services and the content on the Website Services, including without limitation the text, software, scripts, graphics, photos and sounds (“Content”) and the trademarks, trade names, service marks and logos contained therein, are the sole and exclusive property of Money Measures or its licensors and are subject to copyright and other intellectual property rights under Canadian law and international conventions.
Content is provided to you AS IS for your information and personal use only in connection with the Website Services and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Money Measures reserves all rights not expressly granted in and to the Website Service and the Content. You acknowledge and agree that you acquire no right, title or interest in the Website Services or any Content other than the limited licence rights to access the Website Services granted herein and subject to the provisions of these Terms of Service.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website Services or the Content therein.
Feedback
Money Measures may provide you with a mechanism to provide to Money Measures feedback, suggestions, ideas, improvements and comments about the Website Services (“Feedback”). You agree that all Feedback shall become the sole and exclusive property of Money Measures and Money Measures may, in its sole discretion, use any Feedback in any way, including for future modifications, improvements and enhancements to the Website Services, and/or in advertising and promotional materials relating thereto without notice to you and without compensation. You hereby irrevocably assign to Money Measures all rights, title and interest in and to any and all Feedback and you hereby irrevocably waive, to the maximum extent permitted by law, all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”).
Personal Data
In using the Website Services you may submit personal information, including without limitation personal financial information, to Money Measures (“Personal Data”). Money Measures will take reasonable steps to protect any Personal Data, however you understand, acknowledge and agree that Money Measures does not guarantee any confidentiality with respect to any such Personal Data and it shall not be liable for any security breach or loss of such Personal Data. You hereby consents to the collection, use, storage and disclosure of Personal Data by Money Measurers, and hereby grant to Money Measurers a limited, non-exclusive, royalty-free, transferable licence to utilize such Personal Data, as may be required for the following purposes: (a) to provide the Website Services; (b) as required by law; (c) in connection with any outsourcing of services by Money Measures to a third party supplier; and (d) for the internal operational purposes of Money Measures. The provision of any Personal Data is subject to Money Measure’s privacy policy in effect from time to time, which may be made available on the Money Measures Website.
You agree that Money Measures may use and maintain your Personal Data and combine it with that of other users of the Website Services in a non-identifiable, aggregated data set to improve the Website Services, to design promotions and/or to provide ways for you to compare your data with the data of other non-identifiable users.
User Submissions
All material, data and information uploaded or posted by you to the Website Services other than Feedback and Personal Data is referred to herein as “User Submissions”. You are solely responsible for all User Submissions and the consequences of posting or publishing them. You understand, acknowledge and agree that Money Measures may make public any such submissions.
For all User Submissions you submit you represent and warrant that:
a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Money Measures to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use; and
b. you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Money Measures you hereby grant Money Measures a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully transferable license to use, reproduce, modify, distribute, prepare derivative works of, and display the User Submissions in connection with the Website Service, Money Measures’ business, and any other lawful purpose, including without limitation for promotion of part or all of the Website Service (and derivative works thereof) in any media formats and through any media channels, without compensation of any kind to you.
For User Submissions you submit, you further agree that you will not:
a. submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Money Measures all of the license rights granted herein;
b. publish falsehoods or misrepresentations that could damage Money Measures or any third party;
c. submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
d. post advertisements or solicitations of business; or
(e) impersonate another person.
Money Measures does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Money Measures also has sole discretion to decide whether a User Submission is appropriate and complies with these Terms of Use. Money Measures reserves the right to remove User Submissions without prior notice and to terminate your access to the Website Service, if your use is in violation of these Terms of Use.
You understand that when using the Website Service, you may be exposed to User Submissions from third parties, and that Money Measures is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Money Measures with respect thereto.
Money Measures may, but has no obligation to, monitor the Website Services and/or User Submissions. We may disclose any information necessary to satisfy our legal obligations, protect Money Measures and/or its customers, or operate the Website Services properly.
Third Party Websites and Services
The Website Services may contain links to third party websites that are not owned or controlled by Money Measures and Money Measures assumes no responsibility for these third party websites. Use of third party websites are subject to the terms and conditions of such third party. By using the Website Services, you expressly release and discharge Money Measures from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the processing of payments for the Website Services may be undertaken by third party providers and that the terms and conditions of any such third party provider apply. Money Measures is not responsible for the processing of payments or the collection or storage of any personal information related to such payments, including without limitation credit card information, and to the maximum extent permitted by law Money Measures disclaims any and all liability for such matters. You expressly release and discharge Money Measures from any and all liability arising from any third party payment processing.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONEY MEASURES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING MONEY MEASURES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE WEBSITE SERVICES AND MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. WHERE APPLICABLE LAW PROHIBITS THE EXCLUSION OF ANY IMPLIED WARRANTIES ANY SUCH IMPLIED ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE.
Limitation of Liability
AMOUNTS PROJECTED BY THE WEBSITE SERVICES ARE BASED ON THE INFORMATION YOU ENTER AND A VARIETY OF ESTIMATES AND ASSUMPTIONS. ACTUAL EARNINGS, EXPENSES AND OTHER FACTORS MAY VARY OVER TIME. AS A RESULT, MONEY MEASURES DOES NOT GUARANTEE THE RESULTS. CALCULATIONS ARE BASED ON THE ACCURACY AND COMPLETENESS OF THE DATA YOU HAVE ENTERED, ARE FOR ILLUSTRATIVE AND GENERAL INFORMATION PURPOSES ONLY, AND ARE NOT INTENDED TO PROVIDE SPECIFIC FINANCIAL OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON IN THAT REGARD. ACTUAL RESULTS MAY VARY. MONEY MEASURES USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THE WEBSITE SERVICES, BUT CANNOT GUARANTEE THAT ALL INFORMATION IS ACCURATE OR COMPLETE OR CURRENT AT ALL TIMES. MONEY MEASURES DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR RESULTS IN CONNECTION WITH THE WEBSITE SERVICES. MONEY MEASURES WILL NOT BE LIABLE FOR ANY PROCEEDINGS, SUITS, DEMANDS, EXPENSES, LOSSES, INJURIES OR CLAIMS OF ANY NATURE ARISING FROM ANY ERRORS OR OMISSIONS IN ANY INFORMATION OR RESULTS, OR ANY ACTION OR DECISION MADE BY YOU IN RELIANCE ON ANY INFORMATION OR RESULTS.
THE LIABILITY OF MONEY MEASURES, ITS OFFICERS DIRECTORS EMPLOYEES AND AGENTS FOR ANY PROCEEDINGS, SUITS, DEMANDS, EXPENSES, LOSSES, INJURIES OR CLAIMS OF ANY NATURE (A “CLAIM”), WHETHER ARISING UNDER THIS AGREEMENT, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY LIABILITY OR OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE DIRECT AND ACTUAL MONETARY DAMAGES ACTUALLY INCURRED BY YOU AND IN NO EVENT SHALL SUCH LIABILITY IN THE AGGREGATE EXCEED THE LESSER OF (I) THE FEES PAID BY YOU TO MONEY MEASURES FOR USE OF THE WEBSITE SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM AND (II) $500.00. IN NO EVENT SHALL MONEY MEASURES, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY WAIVE ANY CLAIM OR RECOURSE WITH RESPECT TO SUCH DAMAGES. IN NO EVENT SHALL MONEY MEASURES, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM THAT HAS BEEN CAUSED OR CONTRIBUTED TO BY YOU. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM AGAINST MONEY MEASURES’ SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IN THEIR PERSONAL CAPACITY.
Indemnification
You agree to defend, indemnify and hold harmless Money Measures, its shareholders, officers, directors, employees and agents, from and against any and all proceedings, suits, demands, expenses, losses, injuries or claims of any nature (including but not limited to legal fees) arising from:
a. your use of, misuse of, and/or access to the Website Service;
b. your violation of any aspect of these Terms of Use;
c. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
d. any allegation that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and your use of the Website Services. 12. Term and Termination
Money Measures reserves the right to discontinue any aspect of the Website Services at any time. Money Measures may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Website Services if you fail to comply with this Agreement. Upon termination you must immediately stop using the Website Services. Any termination of this Agreement shall not affect Money Measure’s rights to any payments due to it.
Money Measurers may terminate this Agreement and / or the Website Services at any time without cause upon 60 days’ notice. Notice shall be deemed to have been received by you upon posting of such notice on the Money Measure’s Website. Sections 4 through 11 both inclusive, shall survive termination of this Agreement for any reason terminated.
Upon termination of this Agreement by Money Measures without cause, Money Measures will provide you with a prorated refund of any prepaid subscription fee for the current subscription period, provided that with respect to any one-time purchase, or perpetual subscription such subscription will be amortized over a one (1) year period and a prorated refund of the subscription fees will be provided if this Agreement is terminated by Money Measures without cause during such period, there shall be no refund of any subscription fees following the one (1) year period after the date of purchase.
Any data entered by you into the Website Services shall not be accessible by you following expiration or termination of this Agreement for any reason and it is your sole responsibly to keep such books, records and backup copies of your data as you may require. Money Measures will retain data for a period of ninety (90) days after expiration or termination of this Agreement, and such data will be available to you in the event that you reactive your subscription to the Website Services. Ninety (90) days after expiration or termination of this Agreement, Money Measures may delete and destroy all data without notice or liability to you.
General
You agree that the Website Services shall be deemed solely based in Ontario, Canada and that the Website Services and these Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and its application is strictly excluded. The courts situate in the Province of Ontario shall have exclusive jurisdiction. You agree that any cause of action in relation to the Website Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.
Words importing the singular number include the plural and vice versa and words importing gender include all genders.
If any of the provisions or a part of a provision of this Agreement are deemed illegal or unenforceable, such provisions shall be considered separate and severable from this Agreement, and the remaining provisions or part of a provision of this Agreement shall continue in force, and be binding upon the parties as though such provision or part of a provision had never been included. If any provision of this Agreement shall be declared excessively broad, the parties agree that it shall be construed so as to afford Money Measures with the maximum protection permissible by law and having regard the circumstances.
Money Measures may amend these Terms of Use from time to time without notice to you by posting such amended Terms of Use on the Website Service. Your continued use of the Website Service shall constitute your acceptance of these Terms of Use, as modified from time to time, and you are therefore encouraged to review these Terms of Use frequently for any amendments.
