TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY. IF YOU NAVIGATE TO, ENTER, VIEW, POST OR UPLOAD CONTENT TO, DOWNLOAD ITEMS FROM, ACCESS, BROWSE OR OTHERWISE USE THIS SITE AND, WITHOUT LIMITATION, USE/ACCESS ASSOCIATED MESSAGE BOARDS, BLOGS, WEBINARS, PODCASTS, VIDEOS, PHOTOS, OR OTHER MATERIALS ON THIS SITE AND/OR MOBILE APPLICATIONS (THE “SITE”), YOU AGREE TO BE BOUND BY THE BELOW TERMS AND CONDITIONS. SAID TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME. SAID CHANGES, IF ANY, WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS SITE FROM TIME TO TIME. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE FOR ANY REASON. THIS SITE IS PROVIDED BY U.S. MONEY RESERVE, INC. (USMR). USMR OFFERS THE INFORMATION AND MATERIAL PROVIDED IN THIS SITE WITHOUT ANY DISTRIBUTION OR SOLICITATION MADE BY USMR TO ANY PERSON WHO USES THIS SITE. THIS SITE AND THE INFORMATION OR MATERIAL CONTAINED HEREIN IS VOID AND NOT APPLICABLE IN JURISDICTIONS WHERE THE PROVISION OF THIS SITE AND SUCH INFORMATION AND MATERIAL IS PROHIBITED BY LAW.
This is a public site and any posting can be viewed by others. USMR does not ask you to, nor should you ever, post any personal or confidential information on this Site. For example, you should never disclose your USMR customer number, Social Security Number, address or any other personal information.
The content and material on this Site are for informational purposes only. Nothing herein is intended as an offer or solicitation for the purchase of any USMR product or service. Any communication to you on this Site from USMR does not alter, change or supersede any of the agreements you may have with USMR as a USMR customer.
You agree that you will not engage in any activities related to this Site that are contrary to relevant legislation, regulations or conditions of any contracts that you may have with USMR. Unauthorized use of USMR’s websites and other social media platforms or misuse of any information posted to the Site is strictly prohibited.
If you publish or submit any materials to this Site, including, without limitation, messages, remarks, opinions, comments, reviews, photos, videos, questions, and the like (“Submissions”), an automatic grant to USMR for a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional license (“the License”) will occur. The License will allow USMR to: (a) make, use, copy, reproduce, modify, and create derivative works of your Submissions, (b) publicly perform or display, broadcast, transmit, import, distribute – either directly or indirectly, license, offer to sell and sell, rent, lease, or lend copies of your Submissions (and any work derivative of your submission), and (c) sublicense to third parties the above listed rights, including the right to sublicense to further third parties. Further, you are hereby consenting to the use of your name, statements, photographs, videos, voice recordings and likenesses for publicity purposes, and you agree that such grant and consent is without any restrictions or compensation or permission of any kind from USMR.
You represent and warrant that you have not and will not take any action that interferes with the rights granted to USMR pursuant to these Terms and Conditions. You will not post, or submit for posting, any content referring to or using, Prohibited Content as defined in the next sentence. “Prohibited Content” involves, without limitation, content which USMR determines, in its sole and absolute discretion, violates these Terms and Conditions or any applicable law, or contains obscene, indecent, defamatory, libelous, slanderous, fraudulent, deceptive, discriminatory, hateful or otherwise offensive content.
You further warrant that any submissions of yours do not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property rights of a third party. If your Submission includes content or components not owned by you and/or which are subject to the rights of third parties, you are fully liable for obtaining, before submitting the Submissions, any and all releases and consents needed to allow the use and display of the Submission by USMR in accordance with these Terms and Conditions. USMR reserves the right to request evidence of such permissions from you at any moment in a form acceptable to USMR. It may cause the Submission to be null and void if you fail to provide such evidence. USMR is not responsible for any loss, theft, or damage of any kind to any Submissions you submit to USMR.
By submitting a Submission, you acknowledge and agree that USMR may receive many Submissions in connection with the Site and/or other promotions from USMR and that such Submissions may be comparable or identical in theme, concept, format or other respects to other Submissions presented in association with this Site and/or other promotions by USMR. You waive all claims that any Submissions and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to you in connection with such Submissions or other uses by USMR.
USMR RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW AND/OR TO REMOVE SUBMISSIONS AS USMR DEEMS APPROPRIATE AND IN USMR’S SOLE DISCRETION. USMR DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, ALL SUBMISSIONS, INCLUDING POSTS MADE BY EMPLOYEES OR SUPPLIERS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. THE SUBMISSIONS ARE NOT EDITED BY USMR NOR DO THEY NECESSARILY REPRESENT OR REFLECT THE VIEWS OR OPINIONS OF USMR AND ITS MANAGEMENT.
INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
The works of authorship contained on this Site are either owned or licensed by USMR. Except as otherwise expressly stated herein, no license is granted to any of the materials on the Site and they may not be copied, modified, transmitted, displayed, republished, uploaded, performed, distributed (for compensation or otherwise), licensed to a third party, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without USMR's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of USMR's proprietary rights to the extent we may require. Nothing in this paragraph is intended to restrict your ability to separately license or obtain appropriate approvals from the third-party owners of the materials found on this Site.
USMR respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting through any application or website offered by USMR any materials that violate another party's intellectual property rights. When USMR receives proper Notification of Alleged Copyright Infringement as described below, USMR will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that your own copyrighted work is accessible through any website or application provided by USMR in violation of your copyright, you may provide our Chief Compliance and Legal Officer with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). You can reach our Chief Compliance and Legal Officer at: USMR – ATTN: Francine Breckenridge, 6500 River Place Blvd., Building 3, Ste 400, Austin, TX 78730; email@example.com; or at 512.249.5194 ext. 1201.
Please note that you may be liable for damages, if you materially misrepresent that content on our website and/or application is copyright infringement. Upon receiving a proper Notification of Alleged Copyright Infringement as described in this DMCA, USMR will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below.
- Counter Notification: If you believe your own copyrighted material has been removed from USMR’s website or application because of mistake or misidentification, you may submit a written Counter Notification to our Chief Compliance and Legal Officer pursuant to 17 U.S.C. § 512(g)(2) and (3).
- Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we will terminate access to our website or application by users who are repeat infringers.
THIRD PARTY SITES
Links to non-USMR sites may be provided or referenced on this Site and are provided solely as pointers to information on topics that may be useful and USMR has no control over the content on such non-USMR sites. If you choose to link to or visit a website not controlled by USMR, USMR makes no express or implied warranties regarding the content of such website, including its accuracy, completeness, reliability or suitability for any specific purpose, nor does USMR warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. The authenticity of records on the Internet is not guaranteed by USMR. Links to non-USMR sites do not indicate approval or liability for the views, thoughts, goods, data or services provided on such sites, or representation of content on such sites.
TERMINATION AND DISRUPTION OF SERVICE
USMR MAY DISCONTINUE OR MAKE CHANGES TO THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY TO YOU.
Access to this Site may from time to time be unavailable, delayed, limited or slowed due to a variety of issues, including, without limitation, technical issues, hardware or software failure, damage from natural disasters or bad weather, or any other cause not in USMR’s control.
DISCLAIMER OF WARRANTIES
OWING TO THE POSSIBILITY OF HUMAN AND TECHNICAL ERRORS AS WELL AS OTHER FACTORS, THIS SITE AND ALL CONTENT AND MATERIALS CONTAINED ON THIS SITE IS PROVIDED “AS IS” OR “AS AVAILABLE”. EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN, USMR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS SITE, INCLUDING ANY EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS IT RELATES TO THE SITE IS ASSUMED BY YOU.
PLEASE NOTE THAT WE MAY NOT REGULARLY MONITOR THIS SITE AND SOME OF THE POSTS FOUND HERE MAY BE FROM EMPLOYEES OR SUPPLIERS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. WE DO NOT WARRANT, NOR ARE WE RESPONSIBLE FOR THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL USMR BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER USMR HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
RELEASE AND INDEMNITY
YOU RELEASE USMR, AND ITS PARENT, AFFILIATE, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, AND ALL OTHER ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SITE, FROM ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SUSPENSION, MODIFICATION OR CANCELLATION OF THE SITE, TECHNICAL ISSUES, SUBMISSIONS RECEIVED OR POSTED, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES OR LOSS. FURTHERMORE, BY ENTERING, VIEWING, ACCESSING, POSTING OR UPLOADING CONTENT TO, DOWNLOADING ITEMS FROM, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USMR, ITS AGENTS, SERVICE PROVIDERS AND THEIR RESPECTIVE PARENTS, AND ITS AND THEIR SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, EQUITY HOLDERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, LIABILITIES AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) WHICH ARISE OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OR YOUR SUBMISSIONS.
GOVERNING LAW & DISPUTES
Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Beaumont, Texas, U.S.A; and (b) all issues and questions concerning these Terms and Conditions and this Site shall be governed by and construed in accordance with the laws of Texas, U.S.A., without giving effect to any choice of law or conflict of law rules.