This website operated by Moneyshift (“we,” “us,” “our”). These Terms of Use set forth the terms and conditions under which you are authorized to use our websites (which includes any website on which these Terms of Use are posted, including Moneyshift.com, other websites accessible via subdomains, and mobile versions of any of these websites).
To the extent additional rules or guidelines affect client (“you,” “your”) use of these websites, those rules and guidelines (including our Privacy Policy and Cookie Policy) are hereby incorporated by reference into these Terms of Use. By using any of our websites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our websites.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MONEYSHIFT AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS.
Our websites provide information about Moneyshift, related programs, our partners, subsidiaries, related companies and sponsors, blogs and white papers; and, provide as other features and information we believe will interest you (collectively the “Service”). To the extent new services, content or features are added to our websites in the future, your use of those features is subject to these Terms of Use.
Nothing contained on our websites constitute investment, legal or tax advice. The information and any opinions contained on this website are not and should not be construed as solicitations or offers by Moneyshift or any of its affiliates to buy or sell any securities or other financial instruments.
We may provide links to our sponsors, to third-party sites with informational content, or other service and information providers, however these services, or certain features thereof, may be operated by third parties, not Moneyshift. Your use of features and other content or services provided by, or links to other websites on the Internet that are owned and operated by, third parties is not governed by these Terms of Use.
You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than Moneyshift will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those agreements.
We reserve the right to modify or discontinue all or any portion of our websites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our websites, or that operation of our websites will be uninterrupted or error free. You understand that usage of our websites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use this website, you represent that you are of legal age to enter into a binding contract, and that you are not a person barred from visiting the website and accessing the Service under the laws of the United States or another country.
All data, features, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, information, video and other information or content that is available on the website, including without limitation website design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Moneyshift, with all rights reserved, or in some cases may be licensed to Moneyshift by third parties (collectively, “Moneyshift Content”).
The MOneyshift Content is protected by the intellectual property rights of Moneyshift or those owners. All content which qualifies for protection under Copyright Law under the laws of the United State, whether registered or unregistered. All trademarks displayed on the website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Moneyshift.
Subject to your compliance with this Agreement, Moneyshift grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Moneyshift Content solely for your own personal or professional purposes in connection with your use of the website and Service. You will have no right to sublicense this license. You shall not, and shall not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Moneyshift Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Moneyshift Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Moneyshift Content. Except as stated in this section or as provided by any Additional Terms, you are granted no other licenses or rights in or to any Moneyshift.
Any content, whether uploaded, posted, submitted, or otherwise made available to us or posted on our websites, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with Moneyshift, or our partners or affiliates (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will Moneyshift, our partners or affiliates, be liable in any way for any User Content made available through any of our websites. We may not moderate all comments to postings made on our websites or User Content on certain other areas of our websites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publically available User Content.
You agree that you will not use any of our websites to transmit or make available any content that: violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable. infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights. contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual. you know or have reason to know is false, misleading, or fraudulent. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). employs any techniques to disguise the origin of the content submitted. contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain. incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment. contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our websites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our websites or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute or perform publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
All communications, feedback, questions, comments, suggestions, proposed features, and similar (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Moneyshift. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
You agree not to use the Site to violate or encourage the violation of any local, state, national, or international law. stalk, harass, or harm another individual. collect or store personal data about other users of our website. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. interfere with or disrupt the website or networks connected to the website or disobey any requirements, procedures, policies, or regulations of networks connected to the website. You agree not to use the website to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Moneyshift in its sole discretion.
Without our written consent, you may not: reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Moneyshift Content or any use of or access to the website. allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam). use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the website or monitor or copy our web pages or the content contained thereon. deep link to the Site for any purpose. frame the website, place pop-up windows over its pages, or otherwise affect the display of its pages.
TO THE FULLEST EXTENT PERMITTED BY LAW, MONEYSHIFT, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “MONEYSHIFT”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES.YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR OWN RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MONEYSHIFT PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE.UNDER NO CIRCUMSTANCES, WILL ANY OF THE MONEYSHIFT PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT, FEATURE OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY MONEYSHIFT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MONEYSHIFT PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Moneyshift Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on a website, providing Personal Information through our website, or any use of the website in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our website using your computer, mobile device or account.
In the event that you find content posted on one of our websites, which you believe is an infringement of the copyright ownership or other intellectual property rights of yourself or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed. if your claim is based on a registered work, the registration number, and the date of issuance of the registration. a description of the infringing material and the URL where such material is located on the website, or a description of where on our website you found such material. your written statement that you believe, in good faith, that the use of the work on our website has not been authorized by the true owner of the work, its agent, or as a matter of law. a statement under penalty of perjury that all of the information you have provided is true.
If you believe that any content on this website violates these Terms of Use or is otherwise inappropriate, please report the content by sending an email to brian@moneyshift.com. If you are a California resident who posted content to our website when you were under the age of 18 and you are now requesting removal of that content, please send an email to brian@moneyshift.com with your name, date of the posting, URL of the posting, and a description of the posting, so that we are able to locate and remove it for you in accordance with California law (however, please note that we cannot guarantee complete or comprehensive removal of the content).
Separate versions of our website may be available for use on mobile devices. If you access our website or Service on mobile devices or in mobile apps, you understand that your mobile carrier’s standard charges will apply.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our website, without further notice to you. Your continued use of any of our website after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Moneyshift. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your interaction with our website. You agree and understand that these Terms of Use together with any other applicable agreements you may have entered into regarding our website, constitutes the entire agreement between you and Moneyshift regarding your use of the sites, and that any other prior agreements between you and Moneyshift are superseded by these Terms of Use. Any failure by Moneyshift to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Revised: March 25, 2021