Terms of Use

Welcome to MartinisAndYourMoney.com! Briefly, Martinis and Your Money provides written and video content, services and products to help you make the best choices for your personal financial health.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USE OR ACCESS OF THIS WEB SITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEB SITE FOR ANY PURPOSE.

1. Acceptance of Terms of Use

This is an agreement between Martinis and Your Money (“FB” or “our”, “us” or “we”) and you (collectively, including all content available through the www.martinisandyourmoney.com domain name, the “FB Web Site”, or “Web Site”). Use of this Web Site assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here;and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Web Site.

2. Proprietary Rights

This Web Site is owned and operated by Martinis and Your Money and contains material that is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Web Site including code and software without the express written permission of Martinis and Your Money.

Martinis and Your Money reserves the right, in its sole discretion, and at any time, to update and change the “Terms of Use” without notice to you, and such changes will be effective immediately upon posting.Please review the Terms of Use regularly so that you will be apprised of any modifications.Modifications to the Terms of Use will be effective upon posting to the Web Site. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use, your right to use the Web Site will terminate automatically. If any modification is not acceptable to you, your only recourse is to terminate the Agreement consistent with the procedures set forth herein.

3. User Conduct

A. These Terms of Use apply to all users of the Web Site, including users who are also contributors of reviews, content and other materials, whether in print, video or audio formats, or services on the Web Site, if applicable. The Web Site may contain links to third party web sites that are not owned or controlled by Martinis and Your Money. Martinis and Your Money has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites. In addition, Martinis and Your Money will not and cannot censor or edit the content of any third-party web site. By using the Web Site, you expressly relieve Martinis and Your Money from any and all liability arising from your use of any third-party web site. Accordingly, we encourage you to be aware when you leave the Web Site and to read the terms and conditions and privacy policy of each other web site that you visit.

B. The Web Site may contain Content or Comments as hereinafter defined specifically provided by us, our partners, and such Content and Comments are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content or Comments accessed through the Web Site. By your use of this Web Site, you will not acquire any intellectual property or similar rights in the Web Site or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Web Site or related products and services; or (ii) use Martinis and Your Money, LLC’S name, logo, trademark, trade names or service marks except as expressly permitted in the Terms of Use without Martinis and Your Money’s prior written consent. You agree to not engage in the use, copying, or distribution of any of the Content or Comments other than expressly permitted herein, including any use, copying, or distribution of Content or Comments obtained through the Web Site for any commercial purposes. If you download or print a copy of the Content or Comments for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Web Site or the information therein.

C. In addition, you acknowledge that the Content available through the Web Site and all of our other interactive services are offered on an “AS IS” basis. You understand that Martinis and Your Money does not control, monitor, filter or edit the Content in any way. As a result, you understand that Martinis and Your Money, LLC is not responsible for the accuracy or reliability of any content passing through the Web Site by third party advertisers. Martinis and Your Money may contain links to third party web sites, applications, or programs that are not controlled by or affiliated with Martinis and Your Money. As a result, Martinis and Your Money is not responsible for the content, offers or privacy policies of such web sites, applications, or programs.

D. In order to access some features of the Web Site, you may have to register to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information as requested by us. You may not register for a username or submit any Content or Comments, as those terms are defined herein, that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

E. If you register, all content added, created, uploaded, submitted, distributed, or posted to the Web Site by you, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content (“Content”). You acknowledge that all Content, including Content accessed by you using the Web Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your Content, either yourself or through a request made to one of our employees, representatives or affiliates. When your Content is deleted, it will be removed from the Web Site. However, you understand that any removed Content may persist in backup copies for a reasonable period of time.

F. In addition to Content, if you register, you may communicate with Martinis and Your Money and other Users, post or publish comments, as may be made available at our complete discretion, a message board, chat area, bulletin board, feedback area, news group, email functionality or other communication feature. All such communications are referred to after this as “Comments”. You are solely responsible for all Comments. If you have a Comment featured on the Web Site, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We disclaim all liability relating to your Comments.

G. As part of the services offered by us, we may ask you to link your third party accounts (such as Facebook, LinkedIn, Tumblr and Twitter) (“Third Party Accounts”). By registering with us or linking your account to any Third Party Account, you permit us to access and aggregate certain information from your profiles on such sites for our use. You ultimately control how much information is accessible from Third Party Accounts via your privacy settings on such sites.

H. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to any submissions made by them.

4. Participation at Your Own Risk

Your participation is at your own risk. Although the Web Site enables Users to connect and share Content and Comments with one another, Martinis and Your Money, LLC has no responsibility to control or monitor any information or exchanges between or among Users. We do not control the Content or Comments made available on the Web Site. Some people may find the Content or Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any Content and Comments. We assume no responsibility for monitoring any Content and Comments or conduct during use of the Web Site. We are also under no obligation to modify or remove any Content and Comments and assume no responsibility for a User’s conduct during his or her use of the Web Site. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any Content and Comments.

5. Ownership of Content and Comments

A. Martinis and Your Money shall not own any right, title and interest to your Content and Comments. The Information is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Martinis and Your Money reserves all rights not expressly granted in and to the Web Site.

B. Notwithstanding the foregoing, you acknowledge that by submitting, posting or creating Content or Comments through www.martinisandyourmoney.com, you automatically grant to Martinis and Your Money a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content and Comments in connection with the Web Site and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Web Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party web sites and feeds). You also hereby do and shall grant each User of the Web Site a non-exclusive license to access your Content and Comments through the Web Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content and Comments. For clarity, the foregoing license grants to us and our Users does not affect your other ownership or license rights in your Content or Comments, including the right to grant additional licenses to your Content or Comments, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

C. You agree to use the Web Site only for lawful purposes. You agree not to take any action that might compromise the security of the Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Web Site. You agree not to add to, subtract from, or otherwise modify the Content or Comments. You agree not to use the Web Site in any manner that might interfere with the rights of Martinis and Your Money or any third party.

6. Privacy Policy

Martinis and Your Money is committed to protecting the privacy of our Users. As such, these Terms of Use state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here;and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Web Site.

7. Disclaimer

A. Your use of the Web Site is at your sole discretion and risk. The Web Site, and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

B. Martinis and Your Money EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

C. Martinis and Your Money expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Web Site, the Content or the Comments; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the Web Site will meet your requirements; or (iv) that the Web Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Web Site shall create any warranty not expressly stated in these Terms of Use.

D. Martinis and Your Money assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Web Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Web Site.

E. Under no circumstances shall Martinis and Your Money be responsible for any loss or damage, including personal injury or death, resulting from use of the Web Site, from any Content or Comments posted on or through the Web Site, or from the conduct of any users of the Web Site, whether online or offline.

8. Limitation of Liability

A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MARTINIS AND YOUR MONEY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEB SITE. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MARTINIS AND YOUR MONEY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF MARTINIS AND YOUR MONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. Martinis and Your Money shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Martinis and Your Money’s infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Martinis and Your Money will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

IF YOU ARE DISSATISFIED WITH THE WEB SITE OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

9. Indemnity

A. You agree to indemnify, defend and hold harmless Martinis and Your Money from any third-party claim related to a breach of any of the foregoing representations and warranties.

B. You agree to indemnify, defend and hold harmless Martinis and Your Money, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Web Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Web Site.

10. Ability to Accept Terms of Use

You affirm that you have all necessary power and authority to enter into these Terms of Use and perform your covenants thereunder, and such performance shall not conflict in any material respect with or violate any law, regulation, instrument or agreement to which it is subject.

11. Independent Relationship

You and Martinis and Your Money are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any Content or Comments, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Martinis and Your Money. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Use. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.

12. Governing Law and Venue

The Agreement and these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Agreement and these Terms of Use or your use of this Web Site shall be filed only in the state or federal courts located in the County of Westchester, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of Westchester and the Federal District Court for the Southern District of New York, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to the Terms of Use or this Web Site.

13. Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between you and Martinis and Your Money regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and Martinis and Your Money relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Web Site.

14. Miscellaneous

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Martinis and Your Money without restriction. The failure to require performance of any provision shall not affect Martinis and Your Money’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. The Terms of Use constitute the entire and exclusive understanding and agreement between you and Martinis and Your Money regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and Martinis and Your Money relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Web Site.

YOU AND MARTINIS AND YOUR MONEY AGREE THAT ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: August 12, 2013