This Agreement sets forth the terms of purchase for your License of MoneyGrit by Karen McCall International, LLC d/b/a “MoneyGrit”.
By placing your Order with Karen McCall International, LLC (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/MoneyGrit” means Karen McCall International, LLC. “You/your” means you as a user of the Website and/or Customer of the Program or Services.
The Company provides Clients with a limited, non-exclusive license to access and use the Hosted Services, “MoneyGrit,” an online money management system designed to help you confidently manage your money, plan for the year ahead and set goals you can actually reach. MoneyGrit is currently accessible only via desktop or laptop. The Software and accompanying resources are delivered digitally through an online website and web application (currently in development). The Services may include access to an online community or forum, additional educational resources and training materials, which will be delivered through the Company website, on-line through a 3rd-party platform, or as otherwise indicated on your Order form page.
There are currently two levels of access to the Services, as follows:
- Personal MoneyGrit Tool (License): provides Clients with access to: an online personal money management system to confidently manage your money, plan for the year ahead, and set goals you can actually reach.
- . It is both an annual and monthly subscription which may be cancelled only as set forth herein.
- Business MoneyGrit Tool (License): provides Clients with access to: an online business money management system to confidently manage your money, plan for the year ahead, and set goals you can actually reach. It is both an annual and monthly subscription which may be cancelled only as set forth herein.
Payment. Payment is required before using the Services (“MoneyGrit”) and accessing the Software, content, or resources included in your respective License level or Subscription, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your Services. You agree to pay the amount agreed and should any payments fail or your card expire, agree to update your information and become current on payments in order to continue using the Services. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
Refund Policy. We offer a 30-day no questions asked guarantee. Within the first 30 days of your subscription, you may cancel at any time and request a refund if our Services are not a fit for you. After the first 30 days, for our monthly subscriptions, you may cancel at any time. No refunds are available after the first 30 days for payments already made.
For our Annual subscription, we also offer a 30-day no questions asked guarantee. After the first 30 days, no refunds are available. To request a refund or a cancellation of your Services or Subscription, please contact us via support [at] moneygrit [dot] com with either “Refund” or “Cancellation” in the subject line.
Term. This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Services, including the monthly membership or subscription fee, will result in termination of the Services, and your access to the Services or any supporting resources or content will be discontinued. Additional fees may be accrued in the event you continue to access the Services or require support after any failure to pay for said services.
Hosted Services & Limitations. The Company shall provide access credentials necessary to permit you to access and use the Hosted Services (“MoneyGrit”), which credentials you agree to keep confidential. You will use a unique username and password that should only be used by you (or an authorized user on your team, for a Business MoneyGrit Tool subscription) to access the Services. The Company hereby grants to you a worldwide, non-exclusive license to use the Hosted Services using the user interface in accordance with these terms and any additional supporting documentation during the Term.
Limitations: The user interface may only be used through a supported web browser. And the user interface may only be used by you (Customer), your employees, agents, or subcontractors on your behalf (i.e. for the same business), subject to any limitations that the Company may have in place regarding number of users per account. [Any spending plans created within your account must relate to you, individually, or your business.]
Restrictions on Use of Hosted Services. You may not sub-license your right to access and use the Hosted Services, permit any unauthorized users to access or use the Hosted Services, republish or redistribute any content contained in the Hosted Services, conduct, make any alteration to the platform, or request or permit any third party to conduct load testing or penetration testing of the Hosted Services, or use the Hosted Services in any way that causes damage to the platform or Hosted Services or impairs access by others to the Hosted Services. You are prohibited from using the Hosted Services for or in connection with any unlawful, illegal, harmful or fraudulent purpose or activity.
Release of Software Features. The release and update of certain anticipated features of the software that are under development may be subject to impacts and delays beyond the Company’s control. Company will make reasonable efforts to meet stated deadlines and/or release dates, but will not be responsible for any losses, damage, financial impacts or other issues that may arise due to any delays.
Third Party Platforms and Policies. Company is not responsible for and will not be held liable for any decisions, policies or changes made by Companies providing third-party platforms, software, hardware, or support services that impact the Customer’s use of or access to the Hosted Services. This includes but is not limited to changes or impacts to website browsers, App platforms including iTunes or Google Play, operating systems, software or hardware, or any other third-party service or application. Company is not responsible if, for any reason, Customer’s access is terminated or precluded from a third party platform or service, or if Customer is prevented from using or accessing the Hosted Services due to any reason beyond Company’s control. Similarly, if a relevant third party implements a policy change, an update to their platform or services, or otherwise makes a decision that prevents Company from continuing its Hosted Services in the marketplace, Company will not be liable for such a change or its resulting impact on Customer. Customer may cancel its membership or services with Company at any time including as a result of an adverse impact such as those described above, but no refunds will be available.
Software Code. The software code is proprietary and at all times remains the exclusive property of the Company. You have no right to access, modify, copy or otherwise capture or replicate the software code (including object code, intermediate code and source code) during or after the Term. You are only authorized to access the Services through the MoneyGrit website or application.
Software Maintenance. Company shall make reasonable efforts to maintain the availability of the Hosted Services, but does not guarantee 100% availability or performance. Company anticipates that there is at least some likelihood that any of the following events may occur during the Term of your Services, the occurrence of which shall not constitute a breach of this Agreement: a failure or technical issue involving the internet or public telecommunications network, a fault or failure related to your (the Customer’s) computer systems or networks, a Force Majeure Event, and/or scheduled maintenance or updates carried out in accordance with the terms of this Agreement.
Company will make reasonable efforts, where practicable, to provide advance notice regarding any maintenance or updates to be performed which may affect the availability of the Hosted Services or which may have an adverse impact on the functionality of the Hosted Services. Company will also attempt to conduct maintenance and updates outside of normal (U.S.) business hours, whenever possible, and limit any related downtime.
You acknowledge that a temporary suspension of services, or downtime related to maintenance or updates of the Hosted Services, shall not constitute a breach of this Agreement, and is anticipated by both parties.
Software Support. Customer may submit support requests to Company’s support team from inside MoneyGrit (via a Support button), or email Company’s support team at support [at] moneygrit [dot] com. The support request will be reviewed and sent to Company’s development team if necessary. Company will process support requests as quickly as possible, however there are no guarantees regarding response or support time. Company may suspend the provision of the Support Services if any amount to be paid by Customer under this Agreement is overdue. Support Services will be suspended until payment is brought current.
Customer Data. You (Customer) hereby grant to Company a non-exclusive license to store, reproduce, copy, distribute, export, publish, edit and translate the Customer Data as may be reasonably required to perform its obligations and exercise its rights in accordance with this Agreement. You also grant Company the right to sub-license these rights to any supporting third-party service providers in order to perform under this Agreement, subject to any restrictions elsewhere in these terms.
Customer represents and warrants that all Customer Data (all data, material and content uploaded to or stored on the Platform by the Customer), does not infringe the Intellectual Property rights or other legal rights of any third party, and does not violate any law or regulation. The Company may make back-ups of Customer Data as reasonably required to provide or restore the Hosted Services, but shall only keep said data for a limited time, subject to the sole discretion of the Company. Customer is at all times responsible to keep it’s own copies of any data uploaded to or stored on the Platform provided by Company.
For any Personal Customer Data disclosed to Company in connection with this Agreement, Customer represents and warrants that it has the legal right to disclose and share such Personal Customer Data.
Company shall be responsive to all requests made directly to Company in regards to compliance with relevant Data Protection Laws, including by Customer, and shall make reasonable efforts to remain in compliance and support the response of Customer to similarly fulfill its obligations to any third party exercising its rights under Data Protection Laws. The Company and the Customer shall each implement appropriate technical and organizational measures to ensure an appropriate level of security (generally commensurate with industry standards) to ensure an appropriate level of security for the Customer Personal Data. The Company may charge standard time-based rates for any work performed by the Company at the request of Customer pursuant to this clause.
Company shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services related to the processing, and shall delete existing copies unless applicable law otherwise requires the storage and maintenance of the relevant Personal Data.
The Parties shall make reasonable efforts to make any required revisions to this Agreement as may be necessary at any time to remedy non-compliance with any applicable laws, including Data Protection Laws or regulations.
No Assignment of Intellectual Property Rights. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property rights of the Parties from one to the other. The Parties retain their original intellectual property in all circumstances.
Confidentiality & Non-Disclosure Agreement. You are free to speak, write and share about your own experiences related to the Services, the educational content or additional resources contained in the Services, Membership program or Subscription, but you agree to keep all information shared by others confidential, including all information shared by others inside of the on-line community, if any, associated with the Services or Program. This provision specifically applies to and includes content shared within a membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at support [at] moneygrit [dot] com.
Communications. The online community associated with the Membership program or Services is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Membership program and any associated online forum, and may also result in a removal from or termination of the Services, which decision shall be in the sole discretion of the Company.
Reservation of Rights. Company reserves the rights to remove you from the Membership program, online forum, or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services or program that calendar year (i.e. up to the prior 12 months).
Data Scraping Prohibited. Data scraping or data mining of any kind from this website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the Website, the Services or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any program or services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.
Media Consent. Without expectation of compensation or remuneration, now or in the
future, You give your consent to the Company to capture and include your image, likeness,
and voice, in photographic, video or audio recordings created during the Services, Membership program (trainings, etc.), or Event, all of which may be used for any commercial purpose, including future marketing
or advertising purposes without limitation.
Disclaimer / Limitation of Liability. USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. You bear sole responsibility for the use and implementation of these services. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES; IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
Earnings Disclaimer. RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the program regarding income or earnings are provided as examples only, and do not guarantee you future earnings or income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement and any action related thereto will be governed by the laws of the State of Washington, without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in state and federal courts sitting in King County, Washington.
Dispute Resolution & Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Seattle, Washington, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in King County, Washington may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Seattle, Washington. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (90) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program or Services including due to the actions, statements or behavior of any third parties or participants of the Program or Services. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Services or membership for the then-current calendar year (up to 12 months total).
Intellectual Property. All materials, information, content, and education provided to you as part of your Services or Membership program which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
Voidability. This Agreement cannot be voided by not logging in to the Services or Membership program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Services, are of no further force and effect. In order to participate in certain portions of the Services, you may be notified that you may be required to agree to additional terms and conditions as they may be revised over time. You may receive a copy of this Agreement at any time by emailing the Company at support [at] moneygrit [dot] com and requesting a copy of your “License Terms of Purchase.”
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at support [at] moneygrit [dot] com.
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