Terms of Use

Last modified: January 29, 2013

Money Sharp Credit Counseling Inc. (MSI) is a non-profit company providing money management education, confidential budget, credit, and debt counseling for both individuals and families. Our website is directed toward providing adults with accurate information and direction in their attempts to obtain competent financial counseling.

MSI understands the importance of your privacy on the Internet. That is why we believe it is important to let you know how we use the information collected through the MSI website. The following is our policy regarding privacy and usage.

MSI is continually researching and implementing the best reasonable security options available for protecting our data internally and over the Internet. In accordance with our standard security policy, information is not transferred to any third parties. Therefore, the security of your personal information is solely protected by MSI. Further, only authorized staff members have access to specific areas of consumer information.

By using this website, you agree to our Web Site Privacy Policy and Terms of Use and to the use of the information we receive and collect as stated herein. By providing any personal information to this site, you acknowledge that you fully understand and consent to the collection and processing of such information. We reserve the right at our discretion to modify this policy at any time. Your continued use of this site following the posting of changes to these terms means you accept these changes. Please read this Agreement carefully. If you do not understand this Agreement, please do not use the Web Site or any of the Services. If you do not understand any part of this Agreement, please contact us. Do not use the Web Site or any of the Services until your questions and concerns have been answered, and you agree to abide by the terms and conditions of this Agreement.

Security
When you send confidential personal information to us in our Confidential Online Counseling Form, we require that a “secure session” first be established using Secure Socket Layer (SSL).

Collection and Use of Personal Information
You can visit our website without revealing any personal information about yourself or telling us who you are. We do not collect personal information, such as your name, address, phone number, or email address, while you browse. We do, however, gather information in aggregate on how this site is used, such as the number of visitors to the site, length of each visit, and which pages are most commonly used to enter and exit the site. Some areas of the MSI website utilize browser cookies. These cookies are used for enhancing the usability of the website. You have the option of disabling cookies in your browser’s preferences/options area (refer to your browser’s help system for further explanation).

There are now, and will be, sections on the MSI website that are provided for the benefit of the consuming public. You may request consumer educational information or other services in these sections. For MSI to fulfill your request, you may need to provide us with your email address, regular mail address, or telephone number. Our use of that information will be limited to the purpose of providing the requested information.

MSI does not sell, rent, loan, trade, or lease any personal information collected at our site, including Confidential Online Counseling Forms or email lists. All personal information is used solely by MSI as directed by the consumer.

As part of an effort to improve advertising quality, this site may allow Google to detect a short segment of text (known as a cookie) that Google previously placed on your computer. No personal information (e.g. your name or contact information) is included in the cookie that Google detects. For more information about Google and privacy, please read Google’s Privacy Policy.

Data Quality
All information submitted to MSI is transmitted via industry standard methods of data collection and transmittal. Our data storage devices are designed to accurately and safely store your data, thereby substantially minimizing the possibility of data corruption. If for any reason, you need to contact MSI for the purpose of correcting inaccurate data transmittal, contact us at support@moneysharp.org

Agreement
By using this website, you agree to our Terms of Use and Privacy Policy to the use of the information we receive and collect as stated herein and in ways we may notify you of in the future. By providing any personal information to this site, you acknowledge that you fully understand and consent to the collection and processing of such information. We reserve the right at our discretion to modify this Privacy Policy or Terms of Use at any time. Your continued use of this site following the posting of changes to these terms means you accept these changes.

Conditions
Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.

Submissions
By making a Submission, participating in the Course or otherwise providing information to Money Sharp Inc, you hereby acknowledge and agree that you have established a business relationship between you and Money Sharp Inc, which is the owner of the Web Site. As such, you agree that Money Sharp Inc may contact you using information you provided with information, surveys and offers of services available through Money Sharp Inc, the Web Site or any other web site owned or operated by Money Sharp Inc from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Money Sharp Inc, please send an e-mail to optout@moneysharp.org to be removed from this list.

Indemnity
As a condition of use of the Web Site and/or the Services, you agree to indemnify Money Sharp Inc and its officers, directors, employees, affiliates, suppliers, licensors, vendors, partners and participating Agencies from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Web Site or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE
MSI may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, MSI may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, MSI may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by MSI from time to time.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2014 Money Sharp Credit Counseling, Inc. and/or its suppliers, licensors or participating Agencies (as applicable). All rights reserved. “MoneySharp” is a service mark of Money Sharp Credit Counseling, Inc. Other product and company names mentioned herein or within the Web site, including the names of participating Agencies and/or licensors, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of MoneySharp or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by MoneySharp. This Agreement shall not be deemed to transfer from MoneySharp or any licensor to you (i) any of MoneySharp’s or such licensor’s intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by MoneySharp or a licensor, (ii) any rights in or to the Course, or (iii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.

UNAVAILABILITY OF SERVICE OR WEB SITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is MoneySharp’s objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of MoneySharp, access to the Web site and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT MONEYSHARP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.

LINKS TO THIRD PARTIES
The Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. MoneySharp does not operate or control in any respect any information, software, products or services available on such web sites. MoneySharp’s inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.

ERRORS AND DELAYS
MoneySharp is not responsible for any errors or delays in responding to a Submission or otherwise processing information submitted by you at the Web site, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site, to the goods or services provided by MoneySharp, or to any acts or omissions for which you may contend MoneySharp is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The venue for arbitration shall bed in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to MoneySharp. The costs of arbitration shall be paid by the non-prevailing party.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MONEYSHARP WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MoneySharp, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.

MISCELLANEOUS
All fees paid by you for a MoneySharp NextStep education course are generally nonrefundable. Any questions regarding refund policy contact us at support@moneysharp.org

This Agreement, including the Privacy Policy, constitutes the entire agreement between you and MoneySharp and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MoneySharp with respect to the Web site and information, software, products and services associated with it. MoneySharp and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between MoneySharp and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

MoneySharp ‘s contact information, should you need to contact MoneySharp for any reason, is:

Money Sharp Credit Counseling, Inc.
1916 N. Fairfield Ave Suite 200
Chicago, IL 60647
Customer Service: (866) 200-6825
E-mail: info@moneysharp.org