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By using this site,
you signify your agreement and eligibility with these TOS. If you
do not agree with any of the below TOS, do not use this site. TFL
LLC d.b.a. Chequemate International (hereinafter referred to as
Chequemate) reserves the right, in its sole discretion, to modify,
alter or otherwise update these TOS at any time. Please check these
terms regularly to see if there are any changes. Continued use of
the site or any of the Chequemate services after any such changes
shall constitute your consent to such changes.
DESCRIPTION
OF SERVICE
Chequemate is a financial
training and education company, which adheres to all federal, state,
and local laws. The services that are offered by Chequemate are
financial record keeping, financial tools, and general financial
education. Chequemate in no way endorses references or makes recommendations
to specific financial investment products by advisors or other third
parties introducing any of the Chequemate services or products.
Chequemate recognizes that they are not financial or tax experts,
and deems the reports and calculators to be accurate, but does not
assume any liability for any error that may occur.
SECURITY
When accessing any secure
area where your personal information is required or available, our
security system on the Web requires that members use an SSL enabled
browser. Most browsers are initially set to be SSL enabled. As a
general recommendation, Chequemate suggests members use a browser
version 4.0 or higher. In order to take full advantage of the charts
and graphs available through the Chequemate services, you are required
to use the Flash
plugin, which can be downloaded through our site.
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REGISTRATION
You agree to provide
accurate information when completing any registration form. If any
provided information is incomplete, inaccurate or Chequemate has
reasonable grounds to suspect that such information is incomplete
or inaccurate, Chequemate has the right to suspend or terminate
your account.
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MEMBER
A member is anyone who
has ordered or is enrolled to receive any of the Chequemate services
for a specified period of time or one-time basis.
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MEMBER
ACCOUNT, PASSWORD AND SECURITY
Your password and account
will be received upon completing the registration form. It is your
responsibility to maintain the confidentiality of the password and
account. You are fully responsible for all activities that occur
under your password and account. You will immediately notify Chequemate
of any unauthorized use of your password or account or any other
breach of security. Chequemate cannot and will not be held liable
for any loss or damages from your failure to comply.
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MEMBER
CONDUCT
As a condition of your
use of any Chequemate service, you warrant to Chequemate that you
will not use the services for any purpose that is unlawful or prohibited
by these terms, conditions and notices. Chequemate services are
provided to individuals for their own personal and business use
only. You agree to use the services to store, retrieve and analyze
your own data. Any unauthorized commercial use of the Chequemate
services, or the resale of its services, is expressly prohibited
unless otherwise granted in writing by Chequemate.
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PRIVACY
POLICY
It is the policy of
Chequemate to respect and protect the privacy of its members. Chequemate
may ask you to provide certain information about yourself by completing
and submitting an online form when engaging in certain activities
on this site. It is completely optional for you to engage in these
activities. If you elect to engage in these activities, however,
it may be necessary that you provide us personal information, such
as your name, e-mail address, or other personal identifying information.
When you submit personal
information to us, you understand and agree that we, in addition
to our trusted vendors, may transfer, store and process your information
in order to technically offer and service the product. Personally
identifying financial data that is gathered will not be distributed,
traded, exchanged or sold without your prior permission, unless
such action is necessary to comply with legal process.
All pages on our Web
site that request personal information use Secure Socket Layer (SSL)
encryption. SSL codes information transferred between you and the
server and renders it unreadable to anyone intercepting the information.
Receipt of your application request will be confirmed online within
our secure server.
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POLICIES
FOR INDIVIDUALS UNDER 18 YEARS OF AGE
Chequemate services
are provided to individuals who are at least 18 years old or to
minors who have parental permission to open, and maintain an account.
No information should be submitted to or posted to Chequemate by
guests under 18 years of age without the consent of their parent
or guardian.
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INTERNATIONAL
USE
With the World Wide
Web being global, you agree to comply with all applicable laws of
the United States of America, including those regarding the export
of data. You also agree to comply with all local rules in regard
to online conduct.
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BILLING
OF FEES
Whether or not you take
advantage of a portion, all, or none of the services made available
through Chequemate you will be charged for the service period enrolled
for and no refund given. NO refund will be given for any monthly,
quarterly, semi-annual, annual or promotional offer service fees
paid for, but not used.
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INDEMNITY
Member agrees to indemnify
and hold Chequemate and its affiliates, officers, agents, co-branders
or other partners, and employees, harmless from and against any
and all losses, claims, damages, demands, and other costs of any
nature or kind whatsoever, including and without limitation, all
attorneys fees, costs, and expenses, arising directly or indirectly
out of or in connection with member participation in any of the
Chequemate services. Member recognizes that Chequemate services
and/or products may be offered by other third parties in conjunction
with other third party products and/or services. Chequemate in no
way endorses or makes any warranties concerning such offers.
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NO
RESALE OF SERVICE
Member agrees not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose, any portion of the services, use of the services, or access
to the services without the written consent of Chequemate.
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GENERAL
PRACTICE REGARDING USE AND STORAGE
Your financial data
for the current calendar year plus all data for the previous two
calendar years will be retained for your use on the system. If you
have terminated your monthly service, you will not have access to
your data as of the termination date.Information entered in Knock
Out Your Debt will not be retained after your one-time service is
complete.
Chequemate may alter
general practices and limits regarding the use of the services including,
but not limited to, the maximum number of days your personal financial
data will be retained on the system and the number of days data
is available to you after your membership has terminated.
You agree that Chequemate
has no responsibility or liability for the deletion or failure to
store any data maintained or transmitted by the service. You further
acknowledge that Chequemate reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.
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MODIFICATIONS
TO SERVICE, MEMBER POLICIES
Chequemate reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, any of the Chequemate services (or any
part thereof) with or without notice. You agree that Chequemate
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of any Chequemate services.
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TERMINATION
As a member, you have
the right to cancel your service at any time. To terminate your
service, written notification must be received by Company via mail
or email at service@themoneyplanner.com.
You will receive email confirmation, confirming that your request
for termination has been processed. You agree that Chequemate, in
its sole discretion, may terminate your password, account (or any
part thereof) or use of any Chequemate service, and remove and discard
any content within the services, for any reason, including, without
limitation, lack of payment or if Chequemate believes that you have
violated or acted inconsistently with the terms and conditions.
Further, you agree that Chequemate shall not be liable to you or
any third-party for any termination of your access to the Chequemate
services.
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DEALINGS
WITH ADVERTISERS AND THIRD PARTY VENDORS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Chequemate services, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such advertiser or third party vendor. You
agree that Chequemate shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers or third party
vendors of the service. Chequemate does not endorse any such advertisers
or third party vendors and in no way can be held liable for their
activities and non-performance.
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LINKS
Chequemate may provide,
or third parties may provide, links to other World Wide Web sites
or resources. Chequemate has no control over such sites and resources.
You acknowledge and agree that Chequemate is not responsible for
the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or
resources. Chequemate is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by Chequemate of the site or any association with their operators.
You further acknowledge and agree that Chequemate shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use or reliance
on any such content, goods or services available on or through any
such site or resource.
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PROPRIETARY
RIGHTS
You acknowledge and
agree that the Chequemate services are proprietary and may have
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
content contained in sponsor advertisements or information presented
to you through any of the Chequemate services or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Chequemate,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on any of the Chequemate services,
in whole or in part.
Chequemate grants you
a personal, nontransferable and non-exclusive right to use the Chequemate
services; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Program. You agree not to modify the Programs
in any manner or form, or to use modified versions of the Program,
including (without limitation) for the purpose of obtaining unauthorized
access to the Program. You agree not to access the Program by any
means other than through the interface that is provided by Chequemate
or an approved third party vendor for use in accessing the Program.
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DISCLAIMER
You expressly understand
and agree that:
A. The information and
services included in or available through any of the Chequemate
services may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. Chequemate and/or
its respective suppliers may make improvements and/or changes
in the Chequemate services at any time.
B. Use of any Chequemate
programs/services is at your sole risk. The programs/services
are provided on an "as is" and "as available" basis. Chequemate
expressly disclaims all warranties of any kind, whether expressed
or implied.
C. Although every
attempt has been made to ensure accuracy, quality, and reliability
of the services offered, Chequemate makes no warranty that (1)
the Chequemate products and services will meet your expectations,
(2) the services will be uninterrupted, timely, secure, or error-free,
due to the nature of Internet-based applications (3) the results
that may be obtained from the use of the services will be accurate
or reliable, and (4) any errors in the program will be corrected.
D. Any material downloaded
or otherwise obtained through the use of the Chequemate services
is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of
data that results from the downloads of any such material.
E. No advice or information,
whether oral or written, obtained by you from Chequemate or through
or from the services offered shall create any warranty.
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LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT CHEQUEMATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHEQUEMATE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE
OR THE INABILITY TO USE ANY OF THE CHEQUEMATE SERVICES; (2) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY
OF THE CHEQUEMATE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON ANY OF THE CHEQUEMATE SERVICES; OR (5) ANY OTHER
MATTER RELATING TO ANY OF THE CHEQUEMATE SERVICES.
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EXCLUSIONS
AND LIMITATIONS
Some jurisdictions do
not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations in the sections titled
LIMITATION OF LIABILITY and DISCLAIMER may not apply to you.
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NOTICE
Notices to you may be
made via email or regular mail.
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COPYRIGHTS
AND TRADEMARK INFORMATION
Chequemate, Chequemate
International, The Money Planner, The Money Planner Online, Fastrak,
CashFlow Plus, Knock Out Your Debt, The Four Laws, Spend Your Way
To Wealth, Debt Down, and/or other Chequemate products and services
referenced herein and as part of the Chequemate services are either
trademarks or registered trademarks of Chequemate. Chequemate trademarks
and logos, product and service names and copyrights are trademarked
by Chequemate. Without written permission from Chequemate, you agree
not to display or use in any manner, the Chequemate marks or copy
written materials.
All contents of the
Service are: Copyright © 1992 - 2003 TFL LLC d.b.a. Chequemate International
and/or its suppliers. All rights reserved.
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GENERAL
INFORMATION
This agreement is governed
by the laws of the State of Utah, and the United States of America.
The TOS constitute the entire agreement between you and Chequemate
and govern your use of the Chequemate services, superceding any
prior agreements between you and Chequemate. You also may be subject
to additional terms and conditions that may apply when additional
services are offered and/or you enter any contests that Chequemate
may make available from time to time. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third party content. The Terms Of Service and the relationship
between you and Chequemate shall be governed by the laws of the
State of Utah without regard to its conflict of law provisions.
You and Chequemate agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Salt Lake
in the State Utah, USA. The failure of Chequemate to exercise or
enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute of law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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ADDITIONAL
QUESTIONS
If you have additional questions
that are not answered in the above TOS, please contact us at info@themoneyplanner.com.
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