Terms and Conditions for Website Use

CAREFULLY READ THE FOLLOWING AGREEMENT. IT CONTAINS VERY IMPORTANT INFORMATION  ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

 Welcome to our Website.  The use of this Website is subject to the following Terms and Conditions and the Privacy Policy.

Acceptance

By browsing or using this Website, you agree to comply with and be bound by these terms and conditions of use, which, together with our privacy policy, govern Expanding Wallet’s relationship with you regarding this Website.

Your use of this Website constitutes your express acceptance without reservation to these Terms and Conditions.

If you disagree with any part of these terms and conditions, do not browse or use this Website.

Please contact us at info@expandingwallet.com for any queries.

Definitions

“www.expandingwallet.com,” “Expanding Wallet,” “us,” or “we” refer to Expanding Wallet and to its parent company.

“You” and yours” refer to you and any other person or entity that has or is deemed to have downstream rights flowing from your usage of this Website.

“Website” means this Website and all related materials and pages.

Changes

The contents this Website is for general information  and use only. Any part or, or all, of this Website is subject to change without notice. Changes, when effective, will be posted here.

Warranty Disclaimers

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information  and materials found or offered on this Website.

You acknowledge that such information  and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information  or materials on this Website is entirely at your own risk, for which we are not be liable. It is your own responsibility to ensure that any products, services or information available or links through this Website meet your specific requirements.

Liability Disclaimer and Limitation on Damages

THE WEBSITE AND RELATED MATERIALS (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND. EXPANDING WALLET MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. EXPANDING WALLET DISCLAIMS AND YOU WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS. IN NO EVENT SHALL THE LIABILITY OF EXPANDING WALLET TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT WILL EXPANDING WALLET BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS IF EXPANDING WALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE WEBSITE OR THE RELATED MATERIALS MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION  RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT EXPANDING WALLET IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EXPANDING WALLET LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF EXPANDING WALLET OFFERINGS AND OPERATORS OF OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE WEBSITE AND RELATED MATERIALS, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

Indemnification

To the extent permitted under applicable law, you agrees to defend, indemnify and hold harmless EXPANDING WALLET and its directors, officers, employees, and agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim that results from (i) the gross negligence or intentional misconduct of you or your employees or agents or (ii) any material breach of any of the representations, warranties or covenants contained herein by you.

Limited Grant of License.

This Website contains material which is owned by us or licensed to us. This material includes, but is not

limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than

in accordance with the copyright notice, which forms part of these terms and conditions.

Ownership and Intellectual Property Rights

 Copyright, No Redistribution of Materials

The Website is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. You agree that you will not redistribute, retransmit, copy, amend, or commercially exploit any materials, writings, compilations, Information  bases, logos, trademarks, audio, video, or graphic images found in the Website and related materials without EXPANDING Wallet’s express written permission, which permission may be withheld or withdrawn in EXPANDING Wallet’s sole discretion.

All intellectual property rights in and to this Website shall remain solely vested in, to, and with Expanding Wallet.  Your use of this Website does not grant you any rights in the Website, or any associated materials.

Trademarks

All trademarks reproduced in this Website, which are not the property of, or licensed to Expanding Wallet, are acknowledged on the Website. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense in one or more jurisdictions, for which you may be liable.

All content contained on the Website and related materials, including all text, names, images, pictures, graphs, icons, trademarks, documents, materials, computer code and software (“Content”), is EXPANDING WALLET property and is protected by US and foreign copyright and trademark laws. You may not copy, reproduce, distribute, display, transmit or modify, decompile or re-engineer any of the Content contained on this site or use any trademarks or service marks EXPANDING WALLET. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use, copy, or imitate in whole or in part any of the Content. Any modification, derivative work, translation, or adaptation to the materials or the Subscription Service by YOU shall be subject to a royalty-free, non-exclusive, irrevocable worldwide license to EXPANDING WALLET in and to same.

All logos, designs, and brand names relating to Expanding Wallet, are owned or licensed by Expanding Wallet and its parent company.  All other product and company names should be considered the property of their respective companies and organizations.

 External Links

From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s), products, or services to which you may link. EXPANDING WALLET websites may provide links to other third-party websites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.  In particular, external sites are not bound by EXPANDING WALLET’S online privacy policy; they may have their own policies or none at all. We recommend that you review the privacy policy of any linked site before using that site.

 Dispute Resolution -Arbitration

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims capable in law of being submitted to binding arbitration) against us, our agents, employees, officers, directors, successors, assigns or affiliates arising from or relating to this agreement, its interpretation or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), licensor group’s advertising or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the national arbitration forum (“NAF”) under its code of procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via the internet at www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between you and Expanding Wallet. Any award of the arbitrator(s) shall be final and binding on each of us, and may be entered as a judgment in any court of competent jurisdiction. Information  may be obtained, and claims may be filed with the NAF in the state of Minnesota or otherwise agreed between the you and Expanding Wallet or at P.O. Box 50191, Minneapolis, MN 55405, or by email at file@arb-forum.com, or by online filing at www.arb-forum.com.

Injunctive Relief 

You acknowledge and agree that it would be difficult to fully compensate EXPANDING WALLET for damages resulting from the breach or threatened breach of these Terms and Conditions  and, accordingly, EXPANDING WALLET will be entitled to seek injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions, to enforce such provisions. This provision with respect to injunctive relief will not, however, diminish EXPANDING WALLET’S right to claim and recover damages.

Notices

Except as expressly stated otherwise, all notices to EXPANDING WALLET shall be sent to the either the postal or email address provided herein, which EXPANDING WALLET may update from time to time

Expanding Wallet – info@expandingwallet.com

General Provisions applicable to Website and Privacy Policy.

 Governing Law and Venue.  These Terms and Conditions and the Privacy Policy will be construed and enforced in accordance with and governed by the laws of the State of Minnesota, the United States and International Treaty, without regard to conflict of law principles.

 Assignment.  Expanding Wallet,  may assign These Terms and Conditions or the Privacy Policy without your consent or without notice to you.  You may not assign these Terms and Conditions and the Privacy Policy without the prior written consent of Expanding Wallet which it may withhold in its sole discretion.  Any non-approved attempted assignment shall be null and void.  These Terms and Conditions and the Privacy Policy shall be binding upon, and inure to benefit of, the successors and permitted assigns of the parties hereto.

Non-Exclusive.  Nothing in these Terms and Conditions and the Privacy Policy is intended to restrict either party from entering into similar agreements with third parties, so long as such arrangement does not conflict with the terms of this Agreement.

Waiver.  Failure of either party to object to any act or omission of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by such party of any of its rights hereunder.  No waiver by any party at any time of any other provision of these Terms and Conditions and the Privacy Policy shall be deemed a waiver or breach of any other provision of these Terms and Conditions and the Privacy Policy or consent to any subsequent breach of the same of any other provision hereunder  Waiver of any rights or remedies must be in a signed writing by the waiving party.

Modifications.  These Terms and Conditions and the Privacy Policy may be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted by Expanding Wallet at any time. You may not make any modifications.

Severability.  If any provision of these Terms and Conditions and the Privacy Policy is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable; these Terms and Conditions and the Privacy Policy shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions of these Terms and Conditions and the Privacy Policy shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.  Furthermore, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of these Terms and Conditions and the Website Privacy Policy a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

Force Majeure.  Upon giving notice to the other party, a party affected by an event of force Majeure will be released without any liability on its part from the performance of its obligations under these Terms and Conditions and the Privacy Policy (except for its obligation to pay any amounts then due) to the extent its performance is prevented by a force Majeure event, including COVID-19 or other pandemic events.  During the period that one of the parties’ performance of its obligations under these Terms and Conditions and the Privacy Policy has been suspended for an event of force Majeure, the other party may also suspend its performance of all or part of its obligations under these Terms and Conditions and the Privacy Policy to the extent that the suspension is commercially reasonable.

 Interpretation.  These Terms and Conditions and the Privacy Policy shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party.  Any ambiguity shall not be interpreted against the drafting party.

Survival.  Any provisions of these Terms and Conditions and the Privacy Policy which requires performance or grants a benefit after termination of the Agreement shall be deemed to survive the termination of the Agreement.

Entire Agreement.  These Terms and Conditions and the Privacy Policy and any express authorizations (which are incorporated herein by reference and made a part hereof) set forth the entire agreement and understanding of the parties in respect of the transactions contemplated hereby and supersede all prior agreements, arrangements and understandings, whether written or oral, relating to the subject matter hereof.

Last Updated October 15, 2020