TERMS OF USE AND END USER LICENSING AGREEMENT “EULA” REGARDING THIS SITE

In accordance with the Equal Credit Opportunity Act, The Money House, Inc. does not discriminate against any applicant on the basis of race; color; religion; creed; national origin; ancestry; sex; marital status; familial status (number and age of children); sexual orientation; age (provided that the applicant has the capacity to enter into a binding agreement); medical history; disability; physical condition; military status; because the applicant has in good faith exercised any right under the Consumer Credit Protection Act or the Service members Civil Relief Act (SCRA); that all or part of a consumer’s income derives from a public assistance program; or any other basis prohibited by law. Interest rates and products are subject to change without notice and may or may not be available at the time of loan commitment or lock-in. Borrowers must qualify at closing for all benefits.

IN TEXAS – CONSUMERS WISHING TO FILE A COMPLAINT AGAINST A MORTGAGE BANKER OR A LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 N. LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FOMONEYHOUSE AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550.

THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV.

TERMS OF USE

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that The Money House, Inc., (“Moneyhouse”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

MONEYHOUSE may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes.

Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of MONEYHOUSEUS.COM to view the then-current Terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

MONEYHOUSE, its affiliates and agents (“MONEYHOUSE”) make this Web site and all other websites of MONEYHOUSE with links to the Terms of Use (collectively, the “Site”), and the Materials and Services, available for your access and use subject to the Terms of Use. “Materials” means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by MONEYHOUSE or users of this Site. “Services” means all services and resources offered or enabled via the Site by MONEYHOUSE and users of this Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user to user forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable you to communicate with others (collectively, “Communications Venues”). All Materials provided by MONEYHOUSE are referred to collectively as “MONEYHOUSE Materials”. All user-supplied Materials are referred to collectively as “User Materials”. MONEYHOUSE Materials and User Materials may have different restrictions and conditions associated with them under the Terms of Use and other guidelines and rules posted via the Site.

Access through any means, or by making use of any mobile applications accessible or downloadable through the Websites and/or through any third-party mobile application marketplace (the “Applications”, “App”, or “Apps”), or by using the goods, facilities or services offered in or through the Websites through any method (including, without limitation, by telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, MONEYHOUSE and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials. The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Moneyhouse or other third parties. You are not permitted to use the Marks without the prior written consent of MONEYHOUSE or such third party that may own the Marks.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Send, remit, post, upload, cause to be uploaded, submit, return or provide any documents, disclosures, communications, Loan Application Documents, emails, communications, including but not limited to electronic or digital documentation to Moneyhouse or an of its 3rd party vendors, links, resources or providers for the purpose of causing harm, deception, making false statements or attempting to deceive or engage in fraudulent actions.
  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any MONEYHOUSE server or to the Site without authorization from MONEYHOUSE, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any MONEYHOUSE account holder or to any MONEYHOUSE.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any MONEYHOUSE server or the network(s) connected to any MONEYHOUSE server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of MONEYHOUSE or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any MONEYHOUSE domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by MONEYHOUSE.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such Materials and Services. MONEYHOUSE offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, MONEYHOUSE Materials, MONEYHOUSE provided Services or another Third-Party Service. You agree that you will not hold MONEYHOUSE responsible or liable with respect to the Third-Party Services.

Certain Services and Materials will only be made available to users who have paid MONEYHOUSE a fee for such Services and Materials as posted if required. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material. In addition to these Terms of Use, users of any Services that include communications venues may be required, in MONEYHOUSE’s sole discretion, to agree to a separate legal agreement on the Site or otherwise. Your access to such communications venues may be denied for violation of either the Terms of Use or the applicable agreement.

MONEYHOUSE, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. MONEYHOUSE may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as MONEYHOUSE deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself in any Services or when you post or otherwise submit any Materials.

If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify MONEYHOUSE immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual Terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to MONEYHOUSE’s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

MONEYHOUSE may request your permission, through a separate consent process, to contact you via phone, whether by live agent or artificial or prerecorded voice, SMS text to your residential or cellular number, whether dialed manually or by auto dialer, or by email, and to send disclosures, loan application documents and communications about a loan inquiry in electronic form through these media.

All submissions to us containing any comments, improvements, suggestions, and ideas regarding the Websites will become and remain our exclusive property, including any rights or future rights associated with such submissions, even if the provisions of this EULA are later modified or terminated. This means that you forever disclaim any proprietary rights or any other rights or claims in such submissions. You acknowledge and agree that we have the unrestricted, unencumbered right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. Notwithstanding the foregoing, you remain solely responsible for the content of your submissions, and you acknowledge and agree that neither MONEYHOUSE nor any third party affiliate of MONEYHOUSE will assume any liability related to any action or inaction by MONEYHOUSE or such third party with respect to your submissions.

All testimonials submitted to us will also become and remain our exclusive property, even if the provisions of this EULA are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage or part of your testimonial, image, likeness and/or works, in any way that we see fit, and may exclude your name or use a fictional name or other identifier at our sole discretion.

ABOUT EMAIL

Our communications to you in email may not accurately represent the entire or final disposition of a matter or constitute our official business, due to brevity or informality. Email is one medium through which information may be exchanged, as when an email message responds to a voice mail. Accordingly, email, by itself, may not accurately reflect the complete communication or our intent as to the subject matter referred to within the communication, nor constitute an official business record of NAF. Any official content present in an email communication is qualified in its entirety by any signed writings, which shall govern such content according to their provisions. Also, unless explicitly permitted in a signed writing or necessary by law, the mere receipt of an email by us may not put us on notice, timely or otherwise, of the matters contained within that email.

CONFIDENTIAL INFORMATION

The emails we send are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you receive an email in error or if it is improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. You agree to notify the sender immediately by telephone or email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with all applicable privacy laws and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting receipt of and/or reviewing confidential information that we provide, you agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that we may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

INFORMATION MAY BE PRIVILEDGED

Emails exchanged with or involving our lawyers and legal staff may contain privileged information subject to the attorney-client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an email in error or if it was improperly forwarded or delivered to you or you otherwise receive such communication by any means. If you are not the intended recipient of privileged information, you agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

Time Sensitive Instructions & Official Matters; Filters

Do not use email to communicate time-sensitive instructions or official company matters; they may not be received or reviewed by us in a timely manner. Emails are processed through various virus and spam filters which may delay or reject the delivery of an email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or email. We reserve the right to block any email source we deem inappropriate.

Business Purposes

Our email facilities are to be used only for conducting business with us. Vendors, suppliers, clients and others receiving email from us may not use our email addresses or contact information (or any other person’s email address appearing on or in our email) for any purpose other than corresponding with us for lawful and legitimate business purposes relating to our business. The receipt of an email is not our consent for you to use our email address or contact information for direct marketing purposes or for transfers of data to third-parties, and such use is strictly prohibited.

Monitoring of Communications

All emails sent to us or from us may be forwarded, monitored, and/or reviewed by others within NAF other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record or monitor other forms of communications you have with us via the website, PC-talk, chat, email, text messages to and from Company-owned cellular devices, and telephone. By using such communication methods you are consenting to the recording, monitoring, storage, and/or use of the same without further notice.

Unsecured Transmissions

While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and us, general email uses the Internet, which is an open system, and we cannot provide absolute assurances that all emails (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, mis-delivered, destroyed, delayed, intercepted or decrypted by others. We therefore advise against sending sensitive or personally identifiable information over email, and disclaim all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.

Viruses

Computer viruses can be transmitted via email through email content, attachments to emails and embedded links. Although our emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is your responsibility to ensure that any email you open is virus free. We are not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our emails. If we forward an email or reply to a prior email, the contents may have been produced by someone other than us, for which assume no liability whatsoever. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with our email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

In addition to any other disclaimers we make in this Agreement, we disclaim any representation or warranty that our emails are virus free and/or error free. You agree to hold the Company harmless for any loss or damage arising from an email sent or forwarded to you or arising from any email reply or otherwise received by you.

Prohibited Email Content

We prohibit our team members from using email to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements or materials, or statements or materials that infringe the copyrights or legal rights of others. Such communications are against our policies and outside the scope of employment of our team members.

You agree to hold the Company harmless from any harm, loss, or damage resulting from such communication, and the Company accepts no liability for such communication, and any of our team members responsible for such communication will be personally and solely liable for any damages or other liability arising therefrom. Please report any such violations or attempts to do harm or damage to our systems.

The use of our email facilities for purposes of sending menacing, harassing, offensive or threatening messages to us or any member of our team is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of our email facilities for soliciting any of our team to breach their employment agreements or to interfere with their employment status with us, or which otherwise interferes with our business or economic advantage is strictly prohibited and may result in legal action against you.

Emails are Generally Not Formal Signed Writings; E-Sign disclosure information

Unless explicitly stated otherwise, our emails do not contain or constitute an electronic signature, even if the sender’s name appears in the email. An Email communication may not be construed against us as an interest rate lock, an unconditional loan commitment, an unconditional loan approval, unconditional pre-qualification, unconditional pre-approval, or any other unconditional offer or agreement to lend. Such documents and agreements are generally sent to clients in formal signed writings from us. Please review our Electronic Consent Agreement for additional information.

All Rights Reserved; Statements Attributable to Us.

Our email shall be deemed Content and subject to the restrictions set forth herein with respect to Content. The only official publishable public statements that can be attributed to us are statements issued by our CEO, President, or Chief Operating Officer.

Negligent Misstatement

In addition to the other disclaimers made in this Agreement, we disclaim any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through email and we make no warranties, express or implied, with respect to such data or information. By using or interacting with the Website and/or reviewing information that we provide, you agree to hold us harmless against any and all claims, losses, liabilities, damages, or expenses, including attorney’s fees that you may incur as a result of any negligence or negligent misstatement.

Complaints

Any email complaints should be directed to the Customer Services Department at The Money House, Inc., #52 Calle Paseo Covadonga, San Juan, Puerto Rico, 00901 or The Money House, Inc., 8751 Commodity Circle, Suite # 17, Orlando, FL 32819 or you may call 855-240-5626.

ABOUT INFORMATION GATHERING

We collect information from your online visits to our Website and your use of the Websites to help gather statistics about usage and effectiveness, personalize your experiences, and tailor our interactions with you. We do so using various technologies, which include, but are not limited to the use of cookies and web beacons.

Use of Cookies

A cookie is a text file that is either stored in your computer’s memory temporarily and automatically deleted when you close your browser (a “session cookie”) or placed on your hard drive (a “persistent cookie”) by a web page server. A persistent cookie is not deleted when the browser is closed. Cookies help websites keep track of your preferences and recognize you as a return visitor. When you return to a website you have visited before, your browser gives the information stored in the cookie back to the website’s server. For example, in addition to other information, www.newamericanfunding.com may use a cookie to save your zip code location selection so that we can present product and service information that is available in your area. Additionally, we may use cookies to facilitate online surveys, to track how visitors use our site, or to deliver our products and services to you. We use this information to improve the content, usability and functionality of our website. Recording information in a cookie allows us to simplify and personalize your online experience, as well as to deliver our products and services to you. We generally use both session and persistent cookies.

You may choose to set your browser to reject cookies. However, if you disable cookies on your browser, you may not be able to log in or use basic features on the Websites. For more information see the “Help” information for the browser you are using. If you do not wish to have cookies placed on your computer, you should set your internet browser to refuse cookies before accessing our site, with the understanding that certain features of the site may not function properly without the aid of cookies. If you refuse cookies, you assume all responsibility for any resulting loss of functionality.

Use of Web Beacons

Web beacons, which are also known as web bugs or pixel tags, are often used in combination with cookies. They are images, often transparent, that are part of web pages. With the assistance of a cookie, web beacons may collect the IP address of your computer, the URL of the page the web beacons comes from and the time it was viewed, or other personal information. For example, web beacons may add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of web beacons is to provide an independent accounting of how many people have visited a particular website and to gather statistics about web browser usage at different places on the Internet.

Use of Web Browser Do Not Track and Other Similar Mechanisms

You may set your web browser to disable the ability for one or more websites to track your usage. For example, as stated above under the heading “Use of Cookies,” you may choose to set your browser to reject cookies. We may not be able to respond (and make no representation that we will) or take any action when it comes to certain “do not track” technologies due to technology and industry standards constantly evolving. Also, we are unable to respond or take any action when you access third party websites or online services. Further, please note that if you set your browser to disable cookies or other tracking mechanisms, then your experience using our online services may not be the same depending on the particular service. Specifically, functionality of a service may be limited, may not function properly, or may not work at all. These functionalities include, but are not limited to, settings as to screen size and appearance, logon verification, and pre-populated information.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, “Software”) are the copyrighted and patented work of MONEYHOUSE or its suppliers. Use of such Software is governed by the Terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Some license Terms are available for review at www.moneyhouseus.com and are incorporated herein by this reference. However, other Terms and licenses may only be posted with the Software downloads or at the Site page where the Software can be accessed. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the Terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

USE OF MONEYHOUSE MATERIALS AND USER MATERIALS

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the MONEYHOUSE Materials and User Content available on this Site subject to the following conditions:

  • The MONEYHOUSE Materials and User Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes.
  • The MONEYHOUSE Materials and User Materials may not be modified or altered in any way.
  • The MONEYHOUSE Materials and User Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the MONEYHOUSE Materials and User Materials.
  • You may not copy or distribute any graphics in the MONEYHOUSE Materials or User Materials apart from their accompanying text.
  • You will not quote or display MONEYHOUSE Materials or User Materials, or any portions thereof, out of context.
  • MONEYHOUSE reserves the right to revoke the authorization to view, download and print the MONEYHOUSE Materials and User Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from MONEYHOUSE.
  • The rights granted to you constitute a license and not a transfer of title.
  • MONEYHOUSE Materials and User Materials comprised of Software are subject to the additional provisions governing Software set forth herein.
  • Any MONEYHOUSE Materials or User Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
  • Any MONEYHOUSE Materials or User Materials acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such MONEYHOUSE Materials or User Materials shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the Terms and conditions of the Terms of Use.

Use of the MONEYHOUSE Materials or User Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The rights specified above to view, download and print the MONEYHOUSE Materials and User Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by MONEYHOUSE. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether MONEYHOUSE Materials or User Materials) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

PERSONAL INFORMATION AND PRIVACY

MONEYHOUSE will use and protect your data, such as your name and address, in accordance with the MONEYHOUSE Privacy Policy the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services.

RESTRICTION AND TERMINATION OF USE

MONEYHOUSE may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in MONEYHOUSE’s sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by MONEYHOUSE to you as a convenience and the inclusion of the links do not imply any endorsement by MONEYHOUSE of any Linked Site. MONEYHOUSE has no control of the Linked Sites and you therefore acknowledge and agree that MONEYHOUSE is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that MONEYHOUSE is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY MONEYHOUSE UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MONEYHOUSE MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MONEYHOUSE MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND MONEYHOUSE MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) MONEYHOUSE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MONEYHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MONEYHOUSE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

MONEYHOUSE DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED MONEYHOUSE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF MONEYHOUSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONEYHOUSE WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MONEYHOUSE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. MONEYHOUSE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONEYHOUSE OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. MONEYHOUSE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MONEYHOUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MONEYHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

ENTIRE AGREEMENT

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between MONEYHOUSE and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and MONEYHOUSE on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any Terms set forth in the Terms of Use expressly contradict any Terms of a written agreement between you and MONEYHOUSE regarding the use of specific Services or Materials (including Service-specific Terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory Terms set forth in the Executed Agreement shall govern. You may also be subject to additional Terms and conditions that may apply when you use other MONEYHOUSE services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without MONEYHOUSE’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by MONEYHOUSE to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

INDEMNITY AND LIABILITY

You agree to indemnify and hold MONEYHOUSE and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) the actions of any employee, agent, independent contractor or member of your work group; (f) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by MONEYHOUSE from its offices in the Commonwealth of Puerto Rico and State if Florida in the United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Commonwealth of Puerto Rico or the United States of America and the State of Florida, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the State of Florida Circuit and Federal Court System or the Commonwealth of Puerto Rico as MONEYHOUSE may chose or be required to choose.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to MONEYHOUSE products, services and programs that are not available in your country. These references do not imply that MONEYHOUSE intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by MONEYHOUSE Systems Incorporated from its offices within the United States of America. MONEYHOUSE makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

UNSOLICITED IDEA SUBMISSION POLICY

Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to MONEYHOUSE for consideration via this Site shall not be considered or accepted by MONEYHOUSE, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).

SPAM E-MAIL AND POSTINGS

In the event of your or others’ access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that MONEYHOUSE would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that MONEYHOUSE is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). MONEYHOUSE may without restriction block, filter or delete unsolicited e-mail.

ADVERTISEMENTS AND PROMOTIONS

MONEYHOUSE may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that MONEYHOUSE is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-MONEYHOUSE advertisers on the Site or in connection with the Services or Materials.

LANGUAGE

It is the express wish of the parties that the Terms of Use and End User Licensing Agreement (EULA) and all related documents have been drawn up in English.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS

The export and re-export of MONEYHOUSE Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All MONEYHOUSE Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such Terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

MONEYHOUSE will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. MONEYHOUSE will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the content that you claim is infringing is located on the MONEYHOUSE site;
  • Information sufficient to permit MONEYHOUSE to contact you, such as your physical address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MONEYHOUSE’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:

By Mail:

Designated Agent – Copyright Infringement Claims
The Money House, Inc.,
#52 Calle Paseo Covadonga
San Juan, Puerto Rico 00901
By Telephone: 787-725-8000
By E-mail: admin@moneyhouseus.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to.

FORWARD-LOOKING STATEMENTS DISCLAIMER

This Site may now, or hereafter from time to time, contain certain statements or information with respect to plans, objectives, projections, changes, expansion, forecasts, indications and innovations of MONEYHOUSE. Such forward-looking statements are based upon, or will be based upon, MONEYHOUSE’s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. MONEYHOUSE wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. MONEYHOUSE does not undertake an obligation to update forward-looking statements.