Last Updated: February 10, 2017
These Terms and Conditions (or “Terms and Conditions”) apply to the services, information and opportunities offered by MoneyGenie®, as defined below, through various technologies and platforms, including a website with a home page located at http://www.MoneyGenie® and/or a mobile application or “app” titled “MoneyGenie” (these various delivery technologies and tools are referred to as the “Service Platform(s)”). By using any Service Platform or creating an Account, you are agreeing to these Terms and Conditions. Any violation of these Terms and Conditions may lead to termination of your Account, cancellation of any Cash or other items posted to your Account including referrals, as well as any other applicable legal remedy. If you do not agree to these Terms and Conditions, you must not use any Service Platform.
All visitors to or users of any Service Platform are referred to as “Members,” “you,” or similar terms.
The column on the right provides a short explanation of the terms and conditions and full terms should be reviewed.
- Valid Information. Consent to Receive Communications.
Members must be living individuals, and not corporations or any other type of entity. Members must provide a valid Email Address during registration in order to activate their MoneyGenie® Account. Members must reside in the United States while using their MoneyGenie® Account. Methods used to obscure or hide the country or location of a computer or device along with the use of a VPN, Private or Proxy IP to connect to MoneyGenie® is prohibited. The country listed in your Member Profile must be the country you are both living in, and logging into your MoneyGenie® Account from. In addition, any time Members provide information to us, any Service Platform, to any Advertisers as defined in Section V, or in response to any Cash Earning Activity, such information must be accurate and complete and be your own information and not the information of any other person. This includes, but is not limited to, the registration process, Profile Surveys, and any other place where information is requested. You agree that MoneyGenie®, our Advertisers, or any of our third party vendors or agents may contact you through any email or other contact information provided by you, specifically including but not limited to traditional mail, text, mobile telephone number, traditional / land telephone number, fax, social media Account, any messaging / communication service, app, or tool including “push” notifications or similar. You understand and agree that, depending upon your individual arrangement with your telecommunication provider(s), receiving such communications may use data from your data-allowance and/or may result in fees owing by you to your telecommunications provider.
- Comply with Laws
Members must comply with all applicable laws and regulations as they relate to the use of any Service Platform or relations with us.
- Duplicate Accounts
Members may not create more than one Account with MoneyGenie®. In addition, we do not allow:
a. More than one Account in the same Household
b. More than one Account with the same Mailing Address
c. More than one Account using the same Computer, device or IP
- Activation / Signup
To qualify for any eligible Activation or Signup Bonus, Members must sign up and activate their Account as noted. The bonus type or amount offered for sign up/activation and requirements may change at any time.
- Account Cancellation
Members may cancel their Account any time by clicking the “Cancel Account” link on the “My Account” page. If a Member cancels their Account, they will also be deemed to cancel all Cash in their Account and loss of all assigned referrals. In addition, any requested or pending payments for that Member are removed and cancelled. Uninstalling an app will not cancel your Account. You must select the “Cancel Account” link as described above if you wish to cancel your Account or use the Unsubscribe link from any PaidEmail and then selecting Cancel. For security reasons, MoneyGenie® reserves the right to retain Member Profile information after Cancellation for the purposes of assisting former Members, fraud prevention and other functions pertaining to the operation of MoneyGenie®.
For security reasons, MoneyGenie® reserves the right to retain Member Profile information after Cancellation for the purposes of assisting former Members, fraud prevention and other functions pertaining to the operation of MoneyGenie®.
- Password and Account Security
In connection with your Account, you will create a Password. You are responsible for keeping your Password confidential and secure, and you are responsible for all actions taken using your Password. MoneyGenie® is not liable for loss of earnings due to theft from outside sources to your Member Account due to email/password used by anyone other than the Member.
- Hardware, Connectivity and Software Requirements
You are responsible for obtaining your own computer, smart-phone, tablet, or other computing device, as well as related telecommunication services, as necessary to access the Service Platform(s), as well as all related costs and expenses. From time to time MoneyGenie® may require that you update or install a new version of our app or Service Platform, and/or install updated or new third party software (such as an operating system) in order to access or take advantage of all the features and functionalities of the Service Platform. It is your choice whether to take such actions. MoneyGenie® is not responsible for, and makes no representation or warranty regarding, any such third party hardware, software, and/or telecommunications services, whether such items are appropriate for or may damage your property, or for or your business relationship with such third parties.
To create an Account, to be eligible to post Cash, receive cash or to otherwise use any Service Platform, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater. By accessing any Service Platform, you indicate that you are eligible for Membership. MoneyGenie® assumes no financial or legal responsibility for actions completed through misrepresentation of age by a Member or Members.
- Current and Accurate Contact Information, Timely Check Cashing
Members are responsible for maintaining accurate and complete contact information and promptly updating such information if they move, their contact information otherwise changes, or if a Member has difficulty receiving emails from MoneyGenie® at the email address provided. If a payment that is processed for a Member is returned to us for any reason, including our being provided with inaccurate or outdated contact information, we will cancel such payment and credit the balance to Cash in the Member’s Account. Further, if final payment on our check payable to a Member does not occur for any reason within ninety (90) days from the date of the check, then the check is void and cancelled, and we will credit the amount of the check to Member’s Account. MoneyGenie® is not liable for payments released per Member request to outside vendors for the purpose of payment request made by the Member. The Member must address any inquiries on a payment issued by a third party directly with the payment vendor.
Once payment has been processed, MoneyGenie® assumes no responsibility for the Members eligibility to cash, deposit or otherwise redeem said payment. Members requesting payment involving outside resources are responsible to secure such method or facility to redeem directly.
- Delivery Location
Members are responsible for selecting a secure and reliable mail delivery address for their payments and other communications. We are not responsible for any stolen or lost payments and will not replace payments allegedly cashed improperly by third parties so long as such payment was sent to the mailing or email address as indicated in Member Account at the time such payment was processed. If the Member household mailbox or electronic format (Wi-Fi, mobile device, computer) to receive is not secure, we recommend Members obtain a secure post office box or secure computer access means at the Member’s expense.
- Code of Conduct
By agreeing to these Terms, you are agreeing that you will also follow these rules: (1) Do not publicly display or use the Site /features to share inappropriate content or material including but not limited to: nudity, pornography, graphic violence, use harassing, profane or hate comments to employees of site and/or its Members. This includes the site and all forms of social media (e.g., Facebook, Twitter, Instagram and other forms of social media). Failure to comply may result in the cancellation of Account and earnings. (2) You are responsible for all usage on your Account, whether or not authorized including your log in, password and Account information. (3)Members are required to follow the requirements set by the site and it’s advertisers and any attempt to violate the requirement of a cash earning activity or the site (invalid data, ad blocks, VPN/Proxy, using feature not as intended) may result in the closure of the account and ineligibility to any earnings on the account.
Members can use their Referral URL to refer other Members to MoneyGenie®. Because MoneyGenie® allows only one Account per Computer, violation of the terms can result in the cancellation of one or all Accounts and earnings removed.
- SPAM and Unsolicited Email
Members may not SPAM (send unsolicited email to persons they do not know) in order to refer other Members to MoneyGenie®. We cannot possibly list all acceptable and unacceptable methods of advertising. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.
a. Members may not send Unsolicited Email advertising MoneyGenie®
b. Members may send Solicited Email to their subscribers advertising MoneyGenie®. However, Members must adhere to all current legislation, including the CAN-SPAM Act.
c. Members may only use approved methods of Referral materials or links as found on the Refer a Friend page. Using unapproved materials from the site to recruit referrals can be a copyright/trademark violation.
d. Members are not permitted to create copycat versions of the MoneyGenie App for gaining referrals.
- Refer-a-Friend Service
Members may use our Refer-a-Friend Service to automatically send an Email notification to their friends. However, if the Member’s Refer-a-Friend Email results in a SPAM complaint, the Member’s Account may be canceled. Members should use the Refer-a-Friend Service to notify only their close friends.
- False Advertising and Testimonials
Members may not make untrue or exaggerated statements when advertising MoneyGenie® or engage in any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their own website, blog or social media Account: “Join MoneyGenie® and get paid $1.00 for every Email you read!” If the Member provides information about MoneyGenie® to others through any communication tool, they must ensure the information is updated and accurate according to MoneyGenie® Member’s Account may be canceled for false advertising.
You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending MoneyGenie®, an Advertiser or Cash Activity, so that such testimonial or endorsement is not false or misleading. For example, if you made an online statement recommending MoneyGenie®, then you should also disclose the material connection between yourself and MoneyGenie®. For detail, please see the FTC’s guidance on testimonials and endorsements:
- Referral Rewards
Referral Rewards are posted to a Member’s Account for all qualified earnings generated by Members they refer to MoneyGenie®. Qualified earnings are defined in the Support Center.
- Duplicate Accounts
Accounts found to be in violation of section I. Valid Information Item 3. Duplicate accounts will be closed and earnings removed.
A Member’s Account may be set to inactive for any of the following reasons:
- Invalid Email Address
If MoneyGenie® receives a bounce-back error message or similar message when sending an Email to a Member, then that Member’s Account will be set to inactive. A bounce-back message may occur if the Member has added MoneyGenie® to their “Ignore List” or marked a message from MoneyGenie® as SPAM, or for other reasons. Members should add the address [email protected]® to their “Allow List” and/or Address Book.
- Failure to Remain Active
If a Member does not visit any one of our Service Platforms while being logged in or confirm a PaidEmail® at least one time within a 10-day period, their Account may become inactive. MoneyGenie® reserves the right to change this criterion at any time.
- Payment Requests
Payment Requests are removed if a Member’s Account becomes inactive. The automated system that deactivates a Member’s Account is based on the above criteria and the review runs immediately prior to payment requests being processed. Therefore, it is possible for a Member’s Account to be active right up until the moment before their payment is processed and be denied due to inactivity or fraud. MoneyGenie® urges Members to ensure their Account remains in active status in order to avoid any delay in processing payments.
If a Member’s Account is in good status and becomes inactive, they can reactivate it within 6 months of the Account being placed on inactive status by logging into the Member’s Section and requesting a Confirmation Email be sent to them. When the Member clicks the link provided in the Confirmation Email, their Account will be reactivated.
IV. PERMANENT REMOVAL
If a Member (or their authorized beneficiary in the event of the Member’s death) does not visit one of our Service Platforms while being logged in, receive a credit for a check that has not been cashed pursuant to Section I.8., or confirm a PaidEmail® at least one time within a 6-month period, their Account will be permanently removed and all Cash or other items posted to their Account will be cancelled.
V. CASH EARNING ACTIVITIES
MoneyGenie® has established relationships with advertisers and partners (collectively, “Advertisers”) to provide Members with a variety of ways to earn cash (“Cash Earning Activities” or “Cash Activities”). Cash Earning Activities are made available to Members based on a variety of factors, including demographic information, physical location, and participation level with MoneyGenie®. MoneyGenie® and our Advertisers make no guarantees regarding the number or dollar amount of Cash Earning Activities that will be available to Members at any time.
When a Member completes an Offer or Cash Earning activity through MoneyGenie®, they are creating a direct relationship with the Advertiser. Any credit issued for a Cash Activity is done so by the Advertiser and is independent of MoneyGenie. Members should review the Advertiser’s Terms and Conditions relating to the Activity or Cash Offer prior to completing. MoneyGenie® assumes no liability, obligation, or responsibility for any Cash Activity on any Service Platform, or for any subsequent billing or relationship that occurs between Member and Advertiser. Members should contact the Advertiser directly if they have any questions or disputes relating to the Offer.
Some Cash Activities (Surveys, Videos, Offers, etc.) provide additional incentives, such as gift cards, for completing the activity. In these cases, the incentive is provided directly by the Advertiser to the Member, and is independent of the MoneyGenie® program. There may be additional requirements to receive these incentives beyond what is required to receive credit from MoneyGenie®. MoneyGenie® is not responsible for these additional requirements and incentives.
- Completion of Offers/Cash Earning Activities
Unless otherwise stated, Cash Earning Activities/Cash Activities are available for first-time customers of the advertiser only. Members will not be credited for completing an Offer if they have completed the activity in the past, through MoneyGenie®, any other website, app, or communication tool, completion of or participation in Cash Earning Activities, interactions with Advertisers, or with the Advertiser directly. Other Cash Activities such as Surveys, Videos, and other features as listed on your account will be credited as soon as the advertiser reports the credit. Each qualifying and successful completion is credited by the advertiser(s) and will credit in 1- 30 days unless otherwise noted.
To be credited for completing a Cash Activity, Members should complete the Activity immediately after selection on our Service Platform or in a PaidEmail®. Returning to the Advertiser’s website at a later time to complete the Cash Activity or completing over the phone may result in not being credited for completing said Cash Activity.
The tracking and crediting of all Cash Activities and their completions are done via Cookies. Members should ensure their web browser (or any other applicable tool on a computer, tablet, smart-phone or similar device) is set to allow all Cookies in order to be properly credited for Cash Earning Activities they complete. In addition, Members should ensure their anti-virus and/or anti-spyware software does not automatically override their web browser’s / other device’s Cookie settings. We also automatically collect, and may share with third parties, unique device identification numbers, as well as information about the type (brand / model) of device you use to access the Service Platform. MoneyGenie® also includes multiple third party SDK’s (Software Development Kits) within the Service Platform for multiple purposes, including the ability to track which Members complete certain activities.
From time to time, MoneyGenie® may enter into a business relationship with other entities that may involve tracking, collection and/or disclosure of certain information regarding Members. For example, we might engage a third party market research firm that will track a Member’s physical location through geo-tracking / mobile technology for market research purposes. A Member may choose to opt-out or opt-in to this experience and offer. If the individual opts-in, the Member agrees to permit location-tracking, and also may be required to agree to the Terms of Service for the applicable third party. If a Member opts-in to location (geo) tracking, MoneyGenie® may then share such information with any/all the third parties with whom it does business that request such information.
Members may not install or make use of ad blocking software, tools or similar technologies (collectively, “Ad Blockers”) while making use of any Service Platform(s).
- Crediting of Offers/Cash Earning Activities
Most Cash Earning Offers will be issued credit to the Member’s MoneyGenie® Account within a few business days from completion if approved by advertiser, while others may take up to 30 days to credit. Members should read and comply with all requirements of an Offer to ensure timely credit.
Other Cash Earning Activities on the site will credit at various intervals, which depends on the advertiser usually received within 1 – 30 days depending on the activity.
MoneyGenie® reserves the right to request that Members allow for reasonable crediting time for each advertiser to report credit as authorized to a Member’s account.
MoneyGenie® credits Members for completing Cash Earning Activities based on information we receive from our Advertisers and any terms listed on the activity. Thus, the Advertiser has the final say in whether or not a Member is credited. MoneyGenie® makes no guarantee that Members will receive credit for completing an Offer/Cash Earning Activity. Members should save all confirmation/welcome emails (and similar information) they receive from the Advertiser after completing an Offer. This information can often be used to provide crediting assistance for a Member’s Account if not done automatically.
Many Cash Earning Activities on MoneyGenie® include a free trial period that enables the Member to try the product or service risk-free. Members should only complete these Cash Earning Activities if they have a genuine interest in the product or service. Canceling a free trial immediately after joining may result in not being credited for completing the Offer.
- Prohibition of Fraudulent Activities
MoneyGenie® reserves the right to request additional information from Members to verify that all activities have been valid. The information may include, but is not limited to, a copy of the credit card statement that was used to complete the Cash Offer to verify the authenticity of the Member’s activities. In addition, Members must provide truthful, accurate, valid information provided to any survey provider, and false or inaccurate information is considered violation of terms. As a Member, you also agree that your use of the Sites and our features/channels shall not be fraudulent or deceptive, unlawful, as determined by our sole and absolute discretion or as reported by any of our advertisers. You shall also comply with all rules found throughout the Site and Support Center, including, without limitation, any guidelines posted on any of the features or channels as presented. MoneyGenie® reserves the right to place any payment request on hold or remove, for any reason, if an Account is in violation of the terms.
MoneyGenie® reserves the right, in our sole discretion, to terminate a Member‘s Account and cancel all Cash or other items posted to their Account and referrals, in addition to any other legal remedies, in the event a Member’s activity appears fraudulent
VI. CASH AND PAYMENT
- About Cash in Your Account
You can earn Cash which is posted to your Account as described in the other sections of these Terms and Conditions, and which is subject to your compliance with all Terms and Conditions. Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting payments equal to the Cash balance or redeeming other credits in your Account at any time and such changed rules will apply to Cash already posted to your Account as well as to Cash to be posted in the future. You may request payment equal to the Cash balance of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions. Redeeming Cash and receipt of any corresponding payment by you is contingent upon your: (1) full compliance with these Terms and Conditions generally; (2) receipt of your request for us to convert the Cash in your Account to a payment, and (3) compliance with the specific rules or terms then in effect for the particular redemption offer. Further, the Cash in your Account may be cancelled at any time pursuant to these Terms and Conditions and represents (1) only a method by which we track your Cash Earning Activities and (2) a contingent liability by us, unless and until final payment occurs on the corresponding payment instrument we deliver to you pursuant to these Terms and Conditions.
- Minimum Cash Request Requirement
NO REDEMPTION OF CASH UNTIL YOU HAVE AT LEAST THIRTY DOLLARS POSTED TO YOUR ACCOUNT ($30.00) (the “minimum payment amount”). The terms “cash,” “dollars,” and similar terms are used interchangeably in this document and throughout our service platforms, but it is important to note that cash posted to your Account is unearned and a contingent obligation as described below and otherwise herein. You have no right to redeem the “cash” in your Account, and we have no liability or obligation to pay you whatsoever, unless and until you have posted to your Account at least the minimum payment amount in your Account and have otherwise complied with these terms and conditions which is entirely contingent upon: (1) your accrual of at least the minimum payment amount in your Account, and (2) your full compliance with these terms and conditions., The “cash” in your Account has no cash value and may be cancelled at any time pursuant to these terms and conditions.
For example, if you open an Account with an initial cash balance of five dollars ($5.00), and then another ten dollars ($10.00) of cash are posted to your Account balance, for a total of $15.00 in cash, you are not eligible to receive any payment, and we are not liable to you for any amount. In this example you would have to earn yet another fifteen dollars ($15.00) in cash, for a total of thirty dollars ($30.00) in cash posted to your Account balance before you would be entitled to any payment.
- Requesting Payment and Processing Fee
You can request payment of the Cash in your Account, subject to the remainder of these Terms and Conditions, by clicking the “Request Payment” link located on the Member Account page and completing all additional steps relating to verification of information and completion of request. As noted above, you may not request payment and the Cash in your Account which has no actual cash value until at least the Minimum Payment Amount is posted to your Account and the conditions herein are otherwise satisfied. A description of each payment request method will be displayed, and if the Member’s Account balance is large enough, a link to request payment will be displayed. Currently, the Minimum Payment Amount required when requesting a payment is $30.00; however, this amount may change. Members may have only one pending payment request at a time. All payment requests must be made for the total amount present and available, minus any applicable fees. Payment methods are dependent on and may be affected by geographic location of the Member, including the availability of payment options offered. A three dollar ($3.00) payment-processing fee will be deducted from your account for each payment you request.
In addition, requests made for payments facilitated by a third-party payment provider are subject to any and all applicable terms and conditions set by, and/or fees incurred through that provider. Members selecting payments facilitated by a third party payment provider are responsible to review all terms/conditions governing said provider prior to completing that request. By completing a request for payment through a provider, you are indicating that you have reviewed and agree to those terms/conditions.
- Tax Matters
You are responsible for any and all tax liability arising from or associated with your use of any Service Platform, including liability arising from your accrual of Cash or your redemption of Cash for cash or other items. We will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than $300 at one time or cumulatively during a calendar year. MoneyGenie® will file a 1099 tax form for any Member who earns $600 or greater in one calendar year from our company, MoneyGenie, Inc.
- Payment Schedule
Requests to process Cash as a payment once the minimum amount is met, will be processed on the first Wednesday that occurs between ten (10) and sixteen (16) days after first request. After requesting payment, Members can view their scheduled payment processing date by clicking on the Earnings Account Payment History Tab located on their Account. Additional payment requests made by Sun 11:59pm CT will process within three (3) days after request on active Accounts. MoneyGenie® does not permit more than one (1) payment request to be pending at any given time.
Payments are processed on Wednesday of every week (processing dates may be dependent on holidays and volume requested). The options for payment option available to the member is listed as shown on the Member’s account.
All payment requests are inspected immediately prior to processing. Payment requests belonging to Members who have become Inactive (as described above) will not be processed. Accounts found to be in violation of terms will have Accounts closed and payment request cancelled.
- Returns and Reversals
Any time you return a purchased item with an advertiser for which you received Cash in your Account, and any time you void, cancel, rescind, or reverse any transaction for which you received Cash in your Account, MoneyGenie® may subtract a corresponding amount of Cash from your Account. Similarly, if any Advertiser notifies us that it is reversing its transaction with you for any reason on any of our Cash generating activities, we will subtract a corresponding amount of Cash from your Account. Further, a pattern of completing Cash Earning Activities followed by reversals is considered fraudulent activity, and may result in the termination of your MoneyGenie® Account and cancellation of your Cash or other items posted to your Account and loss of any assigned referrals.
- Fraud Prevention
MoneyGenie® reserves the right to request further information from Members to ensure they have not fraudulently completed Cash Earning Activities. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the Cash Offer, in order to ensure a stolen credit card was not used or require information, or request from the member additional information in order to review the account to determine whether fraudulent activity had occurred. As a Member, you agree that your use of the Sites and our features/channels shall not be fraudulent or deceptive, unlawful, as determined by our sole and absolute discretion or as reported by any of our advertisers. You shall also comply with all rules found throughout the Site and Support Center, including, without limitation, any guidelines posted on any of the features or channels as presented.
MoneyGenie® reserves the right to place any payment request on hold or remove, for any reason, if an Account is in violation of the terms.
MoneyGenie® reserves the right, in our sole discretion, to terminate a Member‘s Account and cancel all Cash or other items posted to their Account and referrals, in addition to any other legal remedies, in the event a Member’s activity appears fraudulent.
All decisions by MoneyGenie® regarding fraud or suspected fraud are binding and final.
VII. GENERAL TERMS
- Copyrights and Trademarks. Restrictions on Use.
All software, content, materials, images, and other items on or accessed directly through any Service Platform (collectively, the “Content”) belong to MoneyGenie, its third party licensors, or third party Advertisers. There are some important rules about using and copying the Content. You may download or print one copy of the Content on any Service Platform, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.
The Content and the Service Platform are protected by United States and foreign copyright laws, trademark, trade secret, and other laws. If you use the Content or Service Platform in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and Service Platform and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content and Service Platform remains with MoneyGenie or our third party licensors. Any and all rights granted to you are provided under a limited license, and not sold or otherwise transferred. All rights not expressly granted are reserved.
Except as explicitly permitted above, you agree that you shall not (and shall not permit any third party to): (a) rent, lease, assign, sublicense, export, distribute, sell, lend, commercialize, or transfer any benefit of or purported right to access the Content or the Service Platform, in whole or part to any third party; (b) use or copy any Content or Service Platform for the benefit of any third party; (c) access or attempt to access any Account or portion of the Content or Service Platform to which a right of access is not specifically granted; (d) attempt to access or derive the source code to any portion of the Content or the Service Platform; (e) create any joint or derivative work involving any software to which you have access; (f) decompile, disassemble, translate or reverse engineer any portion of the Content or Service Platform, or otherwise discover or duplicate any content, data, technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Content and/or Service Platform; (g) except as explicitly permitted in these Terms and Conditions, alter or modify in any way the functioning of the Content or Service Platform or interfere with the functioning of the Service Platform or Content; (h) grant or purport to grant any right, title, interest, lien or option in any portion of the Service Platform or Content, or in any intellectual property rights therein; or (i) remove, alter, add, or obscure any copyright, trade secret, or trademark notice or any user notice, warning, disclaimer, consent or advisory pertaining to or included in any information or materials provided or included with the Content and/or Service Platform. Any breach of this Section 1 of the Terms and Conditions is, in addition to a breach of contract, a violation of MoneyGenie® copyright and other intellectual property rights.
- Notice of Infringing Images or Content: DMCA Notice
If you believe in good faith that any photos, images, text, or other Content appearing on any Service Platform infringes any copyright or other intellectual property right owned by you, please send a Notice to:
1295 Northland Drive
Mendota Heights, MN 55120
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
- Third Party Services
- LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER MONEYGENIE INC., NOR ANY PERSON OR COMPANY ASSOCIATED WITH MONEYGENIE INC., INCLUDING ADVERTISERS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE ANY SERVICE PLATFORM OR THE MATERIALS ON ANY SERVICE PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
The total liability of covered entities for losses, damages, or claims of any kind shall be limited to the amount of your actual damages, not to exceed U.S. $ 100.00 in aggregate for any and all claims. The limit of liability may not be effective in some states. In no event shall the covered entities be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of any Service Platform or materials are excluded even if the covered entities have been advised of the possibility of such damages.
- NO WARRANTY
ALL CONTENT ON ANY SERVICE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MoneyGenie makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through any Service Platform, including but not limited to the cash earning activities provided by advertisers or third parties, including “framed” content provided by any advertiser or third party. You are responsible for verifying any information before relying on it. Use of any Service Platform and the content available on any Service Platform or linked to by any Service Platform is at your sole risk. MoneyGenie makes no representations or warranties that use of any Service Platform will be secure, uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from any Service Platform or from linked websites is free of viruses or similar destructive programs. You agree that MoneyGenie shall not be liable for any claim for damages related to any loss, destruction, or alteration of data related to your use of any Service Platform. The foregoing disclaimer includes but is not limited to reliance by you or any third party on any content or information obtained through the use of any Service Platform, or any damage or harm resulting from any mistakes or omissions in, or delays in transmission of, information to or from any Service Platform, interruptions in telecommunications connections to any Service Platform, or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to any Service Platform, or related information or programs. Some jurisdictions do not allow some or all of the foregoing exclusion of certain warranties, and therefore some of the foregoing exclusions may not apply to you.
You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of any Service Platform or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your Membership or these Terms and Conditions.
- Independent Contractor
You and MoneyGenie® are independent contractors as to one another. You are not MoneyGenie’s agent or employee for any purpose and shall not hold yourself out as MoneyGenie’s agent or employee.
- Contact Us
Our contact information is:
1295 Northland Drive
Mendota Heights, MN 55120
Members seeking support for their MoneyGenie’ account should login to the Member’s Section and click the “Support Center” link.
- Governing Law and Jurisdiction
You hereby agree that the only proper jurisdiction and venue for any dispute with MoneyGenie® or any of the other Covered Entities, or in any way relating to your use of any Service Platform, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving MoneyGenie® or the Covered Entities. Any claims arising from or related to your use of any Service Platform or relating to the information, services or products available on any Service Platform will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules.
- Limitation on Claims
You agree that any cause of action arising out of or relating to these Terms and Conditions or your use of any Service Platform will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.
You agree that in the event you have or may have any alleged claim against MoneyGenie® or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against MoneyGenie® or any Covered Entity.
If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Members may not sell, assign, or otherwise transfer any rights under these Terms and Conditions, including any Membership, Cash, or other benefit. MoneyGenie may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections of these Terms and Conditions, other than those sections dealing with your future accrual of Cash, survive expiration or termination of this Agreement, your Account or your right to use or visit any Service Platform for any reason.
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