Notice; Acceptance
These Terms of Service (these “Terms”) constitute a binding legal agreement between Money on the Table, LLC, a Montana limited liability company (“mott,” “we,” “us,” or “our”), and you, the natural person accessing or using the Service (as defined below). The mott Privacy Policy (the “Privacy Policy”) is incorporated herein by reference and forms a part of these Terms.
By accessing or using the Service, by clicking “I agree” or any analogous control, or by creating an account, you (a) acknowledge that you have read and understood these Terms; (b) accept these Terms; (c) represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater, and that you have the legal capacity to enter into a binding contract; and (d) if you use the Service on behalf of any Dependent (as defined in the Privacy Policy), represent and warrant that you are the Dependent's parent or legal guardian, with the authority to enter into these Terms on the household's behalf.
If you do not agree to these Terms, you may not access or use the Service.
1. Definitions
For purposes of these Terms:
1.1 “Account” means a User account created on the Service.
1.2 “AAA” means the American Arbitration Association.
1.3 “Affiliate” means, with respect to a Person, any other Person that, directly or indirectly, controls, is controlled by, or is under common control with such Person.
1.4 “Applicable Law” means any statute, regulation, rule, ordinance, court order, or other legal requirement applicable to mott, the Service, or you.
1.5 “Content” means all information, text, graphics, images, software, data, designs, branding, the mott wordmark, the voltage-green visual treatment, source code, the Opportunity catalog as compiled and structured by mott, the matching logic, the user interface, the institutional partner portal, the compliance reporting tools, and any other materials made available on or through the Service.
1.6 “FAA” means the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
1.7 “Free Money Section” means the area of the Service titled “Free Money,” which lists sign-up bonuses, referral rewards, paid surveys, bank-account bonuses, app rewards, paid tasks, and analogous third-party offerings.
1.8 “Opportunity” has the meaning given in the Privacy Policy.
1.9 “Partner” has the meaning given in the Privacy Policy.
1.10 “Person” means any natural person, corporation, limited liability company, partnership, trust, unincorporated association, governmental entity, or other legal entity.
1.11 “Pro Tier” means any subscription-based or one-time-fee feature of the Service offered by mott from time to time.
1.12 “Service” means the websites located at mott.money and mott-demo.vercel.app, any successor or related properties, and any related online or offline services operated by mott.
1.13 “User,” “you,” and “your” mean a natural person who accesses or uses the Service.
1.14 “User Content” means any information, data, text, files, or other materials submitted to the Service by a User, including without limitation Profile Data (as defined in the Privacy Policy) and dependent information.
Capitalized terms used but not defined herein have the meanings given in the Privacy Policy.
2. Nature of the Service; Disclaimer of Status
2.1 Informational Discovery Service. The Service is an informational discovery and recommendation engine. The Service identifies Opportunities for which a User may potentially qualify based on information voluntarily provided by the User and the published eligibility criteria of each Opportunity as catalogued by mott. mott displays Opportunities, presents mott's reasoning regarding potential eligibility, and where applicable directs Users to the institution or program that administers the Opportunity.
2.2 No Fiduciary or Advisory Capacity. mott does not act as, and is not, any of the following:
- (a) a bank, depository institution, lender, mortgage broker, mortgage originator, credit-counseling agency, debt collector, debt-settlement provider, money transmitter, money services business, broker-dealer, investment adviser, financial planner, financial advisor, insurance company, insurance agent, or insurance broker;
- (b) a health care provider, hospital, clinic, pharmacy, pharmacy benefit manager, group health plan, or health insurer;
- (c) a “consumer reporting agency” within the meaning of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), or a “furnisher of information” thereunder;
- (d) a “financial institution” within the meaning of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801–6809, or a “covered person” within the meaning of 12 U.S.C. § 5481(6);
- (e) a “covered entity” or “business associate” within the meaning of HIPAA;
- (f) a governmental agency, instrumentality, or representative of any governmental agency or instrumentality;
- (g) an attorney, tax preparer, certified public accountant, enrolled agent, immigration consultant, or other licensed professional; or
- (h) a school, college, university, student-aid administrator, guaranty agency, employer, employment agency, or recruiter.
2.3 No Professional Advice. Information made available through the Service is provided for general informational purposes only and is not intended to constitute, and shall not be relied upon as, legal, financial, tax, medical, accounting, immigration, or other professional advice. You should consult with appropriately licensed professionals before making any decision based on information obtained from the Service.
2.4 No Award Authority. mott does not award, approve, deny, modify, expedite, fund, disburse, or guarantee any Opportunity. The institution that administers each Opportunity (the “Opportunity Administrator”) retains exclusive authority over eligibility, approval, award amount, timing, and disbursement.
3. Eligibility Determinations and Outcomes
3.1 Probabilistic Matches. Any indication by the Service that you may qualify for an Opportunity is a probabilistic match based on information you provided and the eligibility criteria of the Opportunity as catalogued by mott on the date of cataloguing. Such indication is not a determination of eligibility, is not binding on any Opportunity Administrator, and is not a substitute for the Opportunity Administrator's own application and determination process.
3.2 No Warranty of Outcome. Without limiting Section 10 (Disclaimers), mott does not warrant or guarantee, and expressly disclaims any representation that:
- (a) you are in fact eligible for any Opportunity surfaced by the Service;
- (b) you will be approved for, awarded, or selected to receive any Opportunity;
- (c) the amount, value, timing, or duration of any award, benefit, refund, credit, bonus, or other payment associated with an Opportunity will conform to any description on the Service;
- (d) any Opportunity remains available, funded, open for application, or unchanged from its description on the Service;
- (e) any partner pathway you select will result in a particular outcome; or
- (f) any Opportunity Administrator will respond to your application within any particular timeframe.
3.3 Duty to Verify. You are solely responsible for verifying the terms, eligibility requirements, deadlines, and other particulars of any Opportunity directly with the Opportunity Administrator before taking action in reliance on the Service. The Opportunity Administrator's own published materials, application portal, and personnel constitute the authoritative source for the terms of each Opportunity.
3.4 Free Money Section.
(a) Third-Party Offerings. Each offering listed in the Free Money Section is operated by a third party on its own terms and conditions, which govern all matters relating to the offering, including eligibility, payout amount and schedule, holds, taxes, and clawback or reversal rights. mott does not control any such third party and does not warrant that you will receive any bonus, reward, or payment.
(b) Affiliate Compensation Disclosure. mott may receive referral or affiliate compensation from a third party when a User completes the action that the third party defines as a qualifying referral. mott discloses the existence of such compensation on the Free Money Section and on the corresponding pathway.
3.5 No Endorsement of Specific Professional or Institution. Where the Service identifies a health care provider, financial institution, school, or other professional or institution in connection with an Opportunity, the Service is identifying that Person as the Opportunity Administrator and is not making a recommendation as to that Person's suitability as a provider of any service. You are solely responsible for selecting your own health care providers, financial institutions, schools, and other professionals.
3.6 Consent-Gated Partner Engagement. A User who affirmatively elects to engage a Partner via the Service authorizes mott to disclose to the Partner the minimum Personal Information necessary to initiate such engagement, as further described in Section 5.1 of the Privacy Policy. From and after such election, the Partner becomes a separate controller of the Personal Information transferred to it and operates under its own terms of service and privacy policy.
3.7 Anti-Predatory Commitment. mott will not advertise, surface, or accept compensation from a Person whose product or service mott reasonably determines to be predatory. Predatory products and services, for this purpose, include payday loans, vehicle title loans, refund-anticipation loans with effective annual percentage rates exceeding the applicable state's small-loan rate cap, for-profit credit-repair services that promise outcomes the operator cannot deliver in conformity with the Credit Repair Organizations Act, 15 U.S.C. §§ 1679–1679j, debt-settlement services that charge advance fees in violation of the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. § 310.4(a)(5), and other products or services that, in mott's reasonable judgment, exploit financial vulnerability.
4. Account; User Conduct
4.1 Account Registration. You may use most discovery features of the Service without creating an Account. If you create an Account, you agree to (a) provide true, accurate, current, and complete information; (b) keep such information current; (c) maintain the confidentiality of your authentication credentials; (d) not share or transfer your Account; and (e) be responsible for all activity occurring under your Account. You will notify mott of any unauthorized use of your Account by email to security@mott.money.
4.2 Suspension and Termination by mott. mott may, in its reasonable discretion and with or without notice, suspend or terminate your Account or restrict your access to the Service where mott has reason to believe that (a) you have breached these Terms or the Privacy Policy, (b) your use of the Service violates Applicable Law, or (c) continued access poses a security, fraud, or legal risk.
4.3 Termination by You. You may terminate these Terms at any time by closing your Account. Account closure does not require deletion of, and does not delete, Aggregated Information or De-Identified Information.
4.4 User Representations. You represent, warrant, and covenant that:
- (a) you will not submit information about another natural person (other than a Dependent for whom you have authority) without that person's consent;
- (b) you will not impersonate any Person or misstate your affiliation with any Person;
- (c) you will not knowingly submit false information to the Service for the purpose of qualifying for an Opportunity (and you acknowledge that misrepresentation to an Opportunity Administrator may constitute a violation of state or federal law independent of these Terms, including, without limitation, under 18 U.S.C. § 1001 and analogous state statutes); and
- (d) you have the right to grant the licenses described in Section 7.
4.5 Account Suspension for Fraud. mott may suspend an Account that, in mott's reasonable judgment, appears to engage in pattern misrepresentation or in submitting bulk or automated applications.
5. Acceptable Use
You shall not, and shall not assist or permit any third party to:
- 5.1 use the Service in violation of Applicable Law or to facilitate the commission of any unlawful act;
- 5.2 scrape, crawl, harvest, or otherwise extract Content from the Service, except (a) as expressly permitted in writing by mott or (b) by a publicly available robot in compliance with the Service's robots.txt;
- 5.3 reverse engineer, decompile, disassemble, or attempt to derive the source code, object code, or underlying structure or ideas of the Service, except to the extent that, and only for so long as, applicable mandatory law prohibits such restriction;
- 5.4 use the Service or any Content to develop a competing product or service or to train any machine-learning or other artificial-intelligence model;
- 5.5 interfere with or disrupt the operation, security, or integrity of the Service, including by introducing malicious code, conducting a denial-of-service attack, or probing or testing the security of the Service without mott's prior written authorization, any of which acts may also violate the Computer Fraud and Abuse Act, 18 U.S.C. § 1030;
- 5.6 use the Service to transmit unsolicited commercial messages in violation of the CAN-SPAM Act of 2003, 15 U.S.C. §§ 7701–7713, the Telephone Consumer Protection Act, 47 U.S.C. § 227, or analogous state laws;
- 5.7 use the Service to harass, threaten, defame, or otherwise infringe the rights of any Person; or
- 5.8 use automated means to create Accounts, submit applications via partner pathways, or otherwise interact with the Service.
A violation of this Section 5 constitutes a material breach of these Terms and may result in immediate suspension or termination of your Account, in addition to any other remedies available to mott at law or in equity.
6. Intellectual Property
6.1 Ownership. As between you and mott, mott (and, where applicable, its licensors) owns all right, title, and interest in and to the Service and the Content, including all intellectual property rights therein. The Service and the Content are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
6.2 License to You. Subject to your continuous compliance with these Terms, mott grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial purposes. All rights not expressly granted herein are reserved.
6.3 Trademarks. “mott” and the voltage-green wordmark are trademarks of mott. Other trademarks, service marks, names, and logos appearing on the Service belong to their respective owners. No license to use any third-party trademark is granted under these Terms.
6.4 DMCA Notices. If you believe that material on the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), to mott's designated agent at: dmca@mott.money. A counter-notice may be submitted in accordance with 17 U.S.C. § 512(g)(3).
7. User Content; Feedback
7.1 Ownership of User Content. As between you and mott, you retain ownership of User Content you submit to the Service.
7.2 License to mott. You grant mott a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, modify (solely as necessary to format and display), Process, transmit, and otherwise use User Content solely as needed to operate and improve the Service for you and otherwise as described in the Privacy Policy. This license terminates upon mott's deletion of the applicable User Content.
7.3 Feedback. Any suggestions, ideas, enhancement requests, recommendations, or other feedback you provide to mott regarding the Service (“Feedback”) are non-confidential, are owned by mott, and may be used by mott for any purpose without restriction, attribution, or compensation to you.
8. Third-Party Services
The Service may interoperate with services, websites, content, or applications operated by third parties (including, without limitation, partner pathways, embedded application flows, and outbound links to government program portals) (collectively, “Third-Party Services”). Your use of any Third-Party Service is governed solely by the terms and privacy policies of the operator of such Third-Party Service. mott is not responsible for, and disclaims liability with respect to, any Third-Party Service. References to a Third-Party Service on the Service do not constitute mott's endorsement of such service.
9. Paid Features
9.1 Pricing and Disclosure. Where mott offers a Pro Tier or other paid feature, pricing and the features included will be disclosed prior to purchase. Payments will be Processed by Stripe pursuant to Stripe's terms and privacy policy.
9.2 Automatic Renewal; Click-to-Cancel. Any subscription-based paid feature will renew automatically only upon your express informed consent given at the time of subscription, and you may cancel automatic renewal at any time through a mechanism at least as easy as the sign-up mechanism, in accordance with the Federal Trade Commission Rule Concerning Negative Option Marketing (Negative Option Rule), 16 C.F.R. Part 425, and the California Automatic Renewal Law, Cal. Bus. & Prof. Code §§ 17600 et seq., as applicable.
9.3 Refunds. mott will provide refunds in any circumstance required by Applicable Law and will publish a refund policy at the point of sale.
9.4 Taxes. Stated prices are exclusive of applicable taxes, except to the extent required by Applicable Law to be stated tax-inclusive. You are responsible for any sales, use, value-added, or analogous tax associated with your purchase, other than taxes based on mott's net income.
10. Disclaimers
10.1 As-Is Service. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MOTT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
10.2 Specific Disclaimers. WITHOUT LIMITING SECTION 10.1, MOTT DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT; (C) ANY OPPORTUNITY DESCRIBED ON THE SERVICE REMAINS AVAILABLE, FUNDED, OR UNCHANGED; (D) YOU WILL BE ELIGIBLE FOR, OR WILL RECEIVE, ANY OPPORTUNITY; OR (E) ANY OPPORTUNITY ADMINISTRATOR OR OTHER PERSON IDENTIFIED ON THE SERVICE IS SUITABLE FOR YOU.
10.3 Statutory Limitation. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. THE FOREGOING EXCLUSIONS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED IN YOUR JURISDICTION OF RESIDENCE.
11. Limitation of Liability
11.1 Exclusion of Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOTT, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS (COLLECTIVELY, THE “MOTT PARTIES”) BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR (C) COST OF SUBSTITUTE SERVICES, IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT MOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Aggregate Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE MOTT PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT YOU PAID TO MOTT FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
11.3 Failure of Essential Purpose. THE LIMITATIONS IN SECTIONS 11.1 AND 11.2 APPLY EVEN IF A LIMITED REMEDY UNDER THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11.4 Statutory Reservation. Nothing in these Terms limits any right or remedy you may have that, under Applicable Law, cannot be waived or limited by agreement, including any right to pursue a complaint with a state or federal regulator. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other damages. The exclusions and limitations of this Section 11 apply to you to the fullest extent permitted in your jurisdiction of residence.
11.5 Basis of the Bargain. You acknowledge that the disclaimers in Section 10 and the limitations in this Section 11 are an essential element of the bargain between you and mott, and that absent these provisions, mott could not provide the Service on the economic terms offered.
12. Indemnification
You will defend, indemnify, and hold harmless the mott Parties from and against any and all third-party claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, fines, costs, and expenses (including reasonable attorneys' fees and disbursements) (collectively, “Claims”) arising out of or relating to: (a) your breach or alleged breach of these Terms or the Privacy Policy; (b) your violation of Applicable Law; (c) your violation of any right of a third party; (d) your submission of inaccurate, misleading, or fraudulent information to the Service or to any Person through a partner pathway; or (e) your use or misuse of the Service. mott may, at its sole option, assume exclusive control over the defense and settlement of any Claim for which you owe indemnification, in which event you will cooperate reasonably with mott. You may not settle any Claim without mott's prior written consent (not to be unreasonably withheld).
13. Term; Termination
13.1 Term. These Terms commence upon your first acceptance of these Terms and continue until terminated in accordance with Section 13.2 or Section 13.3.
13.2 Termination by You. You may terminate these Terms at any time by closing your Account.
13.3 Termination by mott. mott may terminate these Terms (a) at any time, with thirty (30) days' prior notice to the email address associated with your Account or, if you have no Account, by ceasing to make the Service available to you, or (b) immediately, without notice, where required for security, legal, or compliance reasons or where you have materially breached these Terms.
13.4 Effect of Termination. Upon termination of these Terms, your right to access and use the Service ceases, and mott may delete your Account and User Content as set forth in the Privacy Policy.
13.5 Survival. Sections 1 (Definitions), 2 (Nature of the Service), 3 (Eligibility Determinations and Outcomes), 4.4 (User Representations), 5 (Acceptable Use), 6 (Intellectual Property), 7 (User Content; Feedback), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13.4 (Effect of Termination), 13.5 (Survival), 14 (Dispute Resolution), 15 (Modifications), and 16 (Miscellaneous) survive any termination or expiration of these Terms.
14. Dispute Resolution; Arbitration; Class-Action Waiver
14.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Montana, without regard to its conflict-of-laws principles, except that the FAA governs the interpretation and enforcement of this Section 14. Notwithstanding the foregoing, you retain the benefit of any non-waivable consumer-protection provision of the law of your state of residence.
14.2 Informal Resolution. Before initiating any arbitration or court proceeding, the party initiating a dispute (the “Initiating Party”) shall provide written notice of the dispute (a “Notice of Dispute”) to the other party. A Notice of Dispute from you to mott shall be sent to legal@mott.money and to mott's postal address set forth in Section 16.6 and shall (a) describe the nature and basis of the dispute and (b) state the specific relief sought. The parties shall negotiate in good faith for not less than sixty (60) days after receipt of a Notice of Dispute to attempt to resolve the dispute. The statute of limitations applicable to the dispute is tolled during this informal-resolution period.
14.3 Binding Arbitration. If a dispute is not resolved during the informal-resolution period set forth in Section 14.2, either party may initiate a binding individual arbitration administered by the AAA under its Consumer Arbitration Rules then in effect (the “Rules”), as modified by this Section 14. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Montana; provided that, at the User's election, the arbitration hearing may be conducted by videoconference or in the city of the User's residence. The arbitrator has the exclusive authority to resolve any dispute, including any dispute regarding the interpretation, applicability, enforceability, or formation of this Section 14 and the arbitrability of any claim, except as expressly provided in Section 14.7 (Carve-Outs). The arbitrator may award any remedy that a court could award in an individual case under Applicable Law. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
14.4 Fees. mott will pay all AAA filing, administrative, and arbitrator fees for any individual claim that does not exceed Ten Thousand United States Dollars ($10,000) in value and is not frivolous; provided that you remain responsible for any fees you would have incurred to file a comparable claim in court. For any claim exceeding $10,000 in value, the parties shall pay fees in accordance with the Rules.
14.5 Class-Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOTT EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL.
14.6 Right to Opt Out. You may opt out of the arbitration agreement and class-action waiver in Sections 14.3 and 14.5 by sending mott written notice within thirty (30) days of first accepting these Terms. The notice shall be sent to legal@mott.money with the subject line “Arbitration Opt-Out” and shall include your full legal name, the email address associated with your Account, your mailing address, and a clear statement that you elect to opt out of arbitration. If you timely opt out, the remainder of these Terms continues in full force and effect.
14.7 Carve-Outs. Notwithstanding Sections 14.3 and 14.5: (a) either party may bring an individual action in small-claims court for any claim that qualifies under the rules of such court, so long as the action remains pending in small-claims court; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or the unauthorized access to the Service; and (c) nothing in this Section 14 prevents you from filing a complaint with, or pursuing relief from, any state or federal regulator, including any state attorney general, the Federal Trade Commission, the Consumer Financial Protection Bureau, the United States Department of Justice, the United States Department of Education Office for Civil Rights, or any state privacy enforcement authority.
14.8 Mass Arbitration. If twenty-five (25) or more demands for arbitration of substantially similar claims are filed against mott within a sixty (60) day period, the AAA's Mass Arbitration Supplementary Rules will apply, and the parties shall cooperate in the AAA's coordinated proceeding processes.
14.9 Severability of Section 14. If any provision of this Section 14 is held invalid or unenforceable, that provision will be severed and the remainder of this Section 14 will continue in full force and effect, except that if the class-action waiver in Section 14.5 is held invalid or unenforceable as to any claim or remedy for which class adjudication is sought, that claim or remedy will be adjudicated in court and the remainder of the dispute will proceed in arbitration.
14.10 Notice and Cure of Changes. mott will provide notice of any material change to this Section 14 not less than thirty (30) days before such change takes effect, and you may reject the change by submitting written notice to legal@mott.money within thirty (30) days of mott's notice. Rejection of a change to this Section 14 will not terminate these Terms but will preserve the prior version of this Section 14 with respect to claims accruing prior to the effective date of the change.
15. Modifications
mott may amend these Terms from time to time. The “Last Updated” date at the top of these Terms will reflect the date of the most recent material amendment. In the event of a material amendment, mott will provide notice not less than thirty (30) days prior to the effective date of such amendment by in-product banner, email to the address associated with your Account, or both. Your continued use of the Service following the effective date of the amended Terms constitutes acceptance of the amendment. If you do not agree to an amendment, your sole remedy is to cease using the Service and to close your Account.
16. Miscellaneous
16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and mott with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
16.2 No Waiver. No failure or delay by mott in exercising any right, power, or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise preclude any further exercise of such right, power, or remedy.
16.3 Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to render it enforceable, or, if it cannot be so modified, severed from these Terms, and the remaining provisions will continue in full force and effect.
16.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without mott's prior written consent. mott may assign or transfer these Terms in whole or in part, without consent and without notice, to (a) an Affiliate or (b) a successor in interest in connection with a merger, acquisition, reorganization, or sale of all or substantially all of mott's assets relating to the Service. Any attempted assignment in violation of this Section 16.4 is void.
16.5 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and confer no rights upon any other Person.
16.6 Notices.
- (a) Notices to You. mott may give notice to you by email to the address associated with your Account, by in-product banner, or by posting to the Service. Notice is effective upon transmission.
- (b) Notices to mott. You shall give notice to mott by email to legal@mott.money and by mail to: Money on the Table, LLC, Attention: Legal, c/o the Registered Agent on file with the Montana Secretary of State. Notice is effective upon receipt.
16.7 Force Majeure. Neither party will be liable for any failure or delay in performance under these Terms (other than for payment obligations) to the extent caused by an event beyond such party's reasonable control, including acts of God, war, terrorism, civil disturbance, governmental order, epidemic, pandemic, labor stoppage, internet or telecommunications outage, or failure of a third-party Service Provider.
16.8 Construction. The headings in these Terms are for convenience only and do not affect interpretation. The words “include,” “includes,” and “including” are deemed to be followed by “without limitation.” References to a statute include the statute as amended and any regulations promulgated thereunder.
16.9 Language. These Terms are drafted in English. Any translation is provided for convenience only and, in the event of a conflict, the English version controls.
16.10 Export Control; Sanctions. You represent and warrant that you are not located in, ordinarily resident in, or a national of any country or territory subject to a comprehensive United States embargo, and that you are not on any United States government list of restricted parties (including the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons).
16.11 Electronic Communications. You consent to receive communications from mott in electronic form. Any such communication satisfies any legal requirement that the communication be in writing.
17. Contact
For any inquiry under these Terms:
- (a) Email (Legal): legal@mott.money
- (b) Email (Privacy): privacy@mott.money
- (c) Email (Security): security@mott.money
- (d) Email (Accessibility): accessibility@mott.money
- (e) Postal Mail: Money on the Table, LLC, Attention: Legal, c/o the Registered Agent on file with the Montana Secretary of State.
Related pages