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Terms of Use

Last Updated: July 21, 2009

GETMONEYSMART.info Terms of use

MarinLink, Inc. (“MarinLink” or “we”) is a non-profit 501(c)(3) corporation that operates the website www.getmoneysmart.info (the “Site”), an informational website that seeks to assist users in managing and organizing their finances by providing a resource for them to find providers of financial education, training and counseling services in the Greater San Francisco Bay Area, California (the “Services”). Please read the following terms and conditions (“Terms of Use”) carefully.  These Terms of Use govern your access to and use of the Site, Services and Content (defined below), grant us certain rights with regard to your User Submissions (defined below) and constitute a binding legal agreement between you and MarinLink.

Please note that these Terms of Use do not govern your use of the website www.marinlink.com.

THIS SITE DOES NOT PROVIDE FINANCIAL ADVICE OR FINANCIAL SERVICES

  • The Site and Services are intended solely to provide you with access to a wide variety of resources so you can better manage and organize your finances.

  • The Content available on this Site and via the Services is for general informational purposes only and does not constitute legal, financial, tax or other professional services advice.

  • MarinLink does not recommend or endorse any entity, content or other information that may be accessible via the Site or Services. Your use of the Site and Services is at your sole risk and discretion and MarinLink hereby disclaims any and all liability to you or any third party relating thereto.

  • We recommend that you seek the advice of a licensed professional when making financial decisions.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE “SUBMIT” BUTTON, LEAVING A COMMENT ON THE SITE, BY SUBMITTING ANY USER SUBMISSIONS (DEFINED BELOW) ON THE SITE OR THROUGH THE SERVICES, OR BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.  If you agree to these Terms of Use on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and your agreement to these Terms of Use will be treated as the agreement of the business.  In that event, “you” and “your” will refer and apply to that business.

Modification

MarinLink reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of the home page of the Site.  By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility and Use

The Site and Services are intended solely for persons who are 13 or older.  Please do not use the Site or Services if you are under 13.

Privacy

See MarinLink’s Privacy Policy at http://www.getmoneysmart.info/privacy-policy/ for information and notices concerning MarinLink’s collection and use of your personal information.  

Ownership

The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in these Terms of Use, MarinLink and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

Content License

Certain types of content are made available through the Site and Services.  Content means, collectively, the text, graphics, images, information and other materials available through the Site and Services, excluding User Submissions.  MarinLink authorizes you to download, view and print any Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use or any other terms and conditions provided with the materials at the time of download or access by you.  You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Use.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MarinLink or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Third Party Services

The Site contains links to and content provided by third party services, websites and resources (“Third Party Services”).  You acknowledge and agree that MarinLink is not responsible or liable for: (i) the availability or accuracy of such Third Party Services; or (ii) the content, products, or services available on or through such Third Party Services, including, but not limited to, any advice, counseling or guidance you receive from a Third Party Service you may access in connection with your use of the Site or Services.   Links to such Third Party Services do not imply any endorsement by MarinLink of such Third Party Services or the content, products, or services available therefrom.  You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Services.

User Submissions

Users of our Site may submit or transmit text, graphics, information or other materials to MarinLink through the Site and Services (“User Submissions”). By uploading, posting, submitting or otherwise transmitting any User Submission on the Site or to MarinLink, you hereby grant to MarinLink a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Submission only on, through or by means of the Site and the Services.  MarinLink does not claim any ownership rights in any such User Submission and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Submission.

You acknowledge and agree that you are solely responsible for all User Submission that you make available through the Site or Services.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Submission that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to MarinLink the rights in such User Submission, as contemplated under these Terms of Use; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or MarinLink’s use of the User Submission (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”).  You may submit Feedback through the “Contact Us” section of the Site.  You acknowledge and agree that all Feedback will be the sole and exclusive property of MarinLink and you hereby irrevocably assign to MarinLink and agree to irrevocably assign to MarinLink all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.  At MarinLink’s request and expense, you will execute documents and take such further acts as MarinLink may reasonably request to assist MarinLink to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following while using the Site, Services or Content:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, MarinLink’s name, any MarinLink trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without MarinLink’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, MarinLink’s computer systems, or the technical delivery systems of MarinLink’s providers;
  • Attempt to probe, scan, or test the vulnerability of any MarinLink system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MarinLink or any of MarinLink’s providers or any other third party (including another user) to protect the Site, Services or Content;
  • Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MarinLink or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a MarinLink trademark, logo URL or product name without MarinLink’s express written consent;
  • Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

MarinLink will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.  MarinLink may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that MarinLink has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Submission, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  MarinLink reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Submission that MarinLink, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Copyright and IP Policy

MarinLink respects copyright law and expects its users to do the same.  MarinLink has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see MarinLink’s Copyright and IP Policy at http://www.getmoneysmart.info/copyright-intellectual-property-policy/, for further information.

Termination

MarinLink will have the right to suspend, disable or terminate your access to or use of the Site and Services, or terminate these Terms of Use, at its sole discretion and without prior notice to you.  You may stop using the Site, Services or any Content at any time. MarinLink will not be liable to you or any third party for termination of the Site or Services or termination of your use of either.  Any suspension or termination will not affect your obligations to MarinLink under these Terms of Use (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Disclaimers

THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, MARINLINK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MARINLINK MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  MARINLINK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARINLINK OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold MarinLink, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU.  NEITHER MarinLink NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising ouT of or in connection with thESE TERMS OF USE or from the use OF or inability to use the SITE, ServiceS OR CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not MARINLINK has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.  YOU SPECIFICALLY ACKNOWLEDGE THAT MarinLink IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, MarinLink WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

In no event will MarinLink’S aggregate liability arising out of or in connection with THESE TERMS OR USE OR From the use OF or inability to use the SITE, ServiceS or content exceed twenty-five U.S. dollars ($25).  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARINLINK AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of MarinLink used herein are trademarks or registered trademarks of MarinLink. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Marin County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between MarinLink and you regarding the Site, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between MarinLink and you regarding the Site, Services and Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without MarinLink’s prior written consent.  Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect.  MarinLink may assign or transfer these Terms of Use, in its sole discretion, without restriction.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications to be given hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (i) by MarinLink via email (in each case to the address that you provide) or (ii) by posting to the Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of MarinLink to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MarinLink.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Use, please contact us through the “Contact Us” section of the Site.

Businesses and Non Profits:

To list your activity or link to www.getmoneysmart.info, click on the appropriate title below::

MarinLink Content License Agreement for Businesses: MarinLink_-_Participating_Entity_Agreement_(for-fee)_(10-14-09)

MarinLink Content License Agreement for Nonprofit Organizations: MarinLink – Content Licensing Agreement for non-profits