EXPLORE CENTS LTD. TERMS AND CONDITIONS
Introduction
These Explore Cents Ltd. Terms and Conditions include its Website Terms of Use. Explore
Cents Ltd is not registered to provide financial, investment, broker, legal, or tax advice. Our
website offers visitors financial literacy education and money management services. Financial
literacy will be provided in the form of written literature, referenced articles, blogs, social media
posts, videos, templates, and tools. Money Management Services will be provided through one-
on-one consultation services or group web sessions.
WEBSITE TERMS OF USE
Welcome to explorecents.com. This website (the “Site”) explorecents.com is
comprised of various web pages owned and operated by Explore Cents Ltd (“Explore Cents”).
These Terms of Use set forth the terms and conditions under which you may use our website and
services as offered by us. The website is offered to you conditioned your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”).
YOUR USE OF EXPLORECENTS.COM CONSTITUTES YOU HAVE CAREFULLY
READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL SUCH TERMS. BY
ACCESSING OR USING THE SITE, YOU ARE AGREEING TO THE TERMS AND ARE AT
LEAST 18 YEARS OF AGE (OR AT LEAST 13 YEARS OF AGE WITH PARENT OR
GUARDIAN CONSENT). IF YOU DO NOT FULLY AGREE WITH THE TERMS OR ARE
NOT OLD ENOUGH, DO NOT USE THE SITE OR LOGIN.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and
password, for restricting access to your computer, and agree to accept responsibility for all
activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Explore Cents is not
responsible for third-party access to your account that results from theft or misappropriation of
your account. Explore Cents and its associates reserve the right to refuse or cancel service,
terminate accounts, remove or edit content at our sole discretion.
Community Account/Access
Any user that joins the community has a public profile that is publicly visible to any site
visitor. The user’s public activity (posts, comments, or likes) will be visible to other visitors of
the website. As a user of the Site, you can opt-out and exit the community, and upon doing so,
the user’s profile will no longer be publicly visible. The user will no longer be able to use the
community features (e.g., liking, commenting, or writing posts).
Suspend/Cancel Account
We may permanently or temporarily terminate or suspend your access to the service without
notice and liability for any reason, including if in our sole determination you violate any
provision of these Terms or any applicable law or regulations. You may discontinue use and
request to cancel your account and/or any services at any time. Notwithstanding anything to the
contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services,
such subscriptions will be discontinued only upon the expiration of the respective period for
which you have already made payment.
Third-Party Accounts & Cookies
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under
the control of Explore Cents and Explore Cents is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Explore Cents is providing these links to you only as a convenience and the
inclusion of any link does not imply endorsement by Explore Cents of the site or any association
with its operators.
Certain services made available via explorecents.com are delivered by third-party sites and
organizations. By using any product, service, or functionality originating from
the explorecents.com domain, you hereby acknowledge and consent that Explore Cents
may share such information and data with any third-party with whom Explore Cents has a
contractual relationship to provide the requested product, service, or functionality on behalf
of explorecents.com users or customers.
This website uses cookies. By using this website and agreeing to these terms and conditions, you
consent to our use of cookies in accordance with the terms of the Explore Cents privacy policy.
Children Under 13
Explore Cents does not knowingly collect, either online or offline, personal information from
persons under the age of 13. If you are under the age of 18, you may
use explorecents.com only with the permission of a parent or guardian.
International User
The service is controlled, operated, and administered by Explore Cents from our office within the
United States of America (“USA”). If you access the Service from a location outside the USA,
you are responsible for compliance with all local laws. You agree that you will not use the
Explore Cents Content accessed through explorecents.com in any country or in any manner
prohibited by any applicable laws, restrictions, or regulations.
Customer Support
Explore Cents has no obligation to provide a visitor/user with customer support and/or
maintenance in connection with the Site.
Contact Us
Explore Cents welcomes your questions or comments regarding the Terms of Use by submitting
a contact form.
GENERAL TERMS AND CONDITIONS
CUSTOMER’S OBLIGATIONS
Service Agreement Cooperation
If you sign a separate Service Agreement with Explore Cents, you shall respond promptly to and
comply with all reasonable requests of Explore Cents and shall provide Explore Cents’ personnel
with access to all documents and facilities as may be reasonably necessary for the performance
of the Services under the Service Agreement and ensure that your materials and information are
complete and accurate in all material respects.
Acts or Omissions
If Explore Cents’ performance of its obligations is prevented or delayed by any act or omission
of yours or your agents, subcontractors, consultants, or employees, Explore Cents shall not be
deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained
or incurred by you, in each case, to the extent arising directly or indirectly from such prevention
or delay.
Compliance with Laws; Permits and Licenses
You agree, at your own expense, to operate in full compliance with all governmental laws,
regulations, and requirements applicable to the duties conducted hereunder. It shall be your
responsibility to pay for any necessary licenses, permits, insurance and approvals as may be
necessary for the performance of the Services, unless otherwise specified in writing and agreed
to by the Explore Cents.
TAXES
You shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties
and charges of any kind imposed by any federal, state, or local governmental entity on any
amounts payable by you hereunder.
COPYRIGHT/INTELLECTUAL PROPERTY
This is not a work-for-hire agreement. The copyright in all deliverables created hereunder for
you shall belong to the Explore Cents. All intellectual property rights in all pre-existing works
and derivative works of such pre-existing works and other deliverables and developments made,
conceived, created, discovered, invented or reduced to practice in the performance of the
Services hereunder are and shall remain the sole and absolute property of Explore Cents, subject
to a worldwide, non-exclusive license to you for your internal use as intended under the Service
Agreement, and the Explore Cents retains all moral rights therein. The Service Agreement does
not grant you any license to any of the Explore Cents’ products, which products must be
separately licensed.
The Services and all materials therein or transferred thereby, including, without limitation,
software, images, text, graphics, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the
exclusive property of Explore Cents. Except as explicitly provided herein, nothing in these
Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and
you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works thereof, or in any way exploit
any of the content in whole or in part, found on the Site.
As a condition of use of the Site, you warrant to Explore Cents that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any other
party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the
Site.
Your use of the Site does not entitle you to make any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use and will make no other
use of the content without the express written permission of Explore Cents and the copyright
owner. You agree that you do not acquire any ownership rights in the protected content.
You recognize and agree that by uploading any content (including, but not limited to designs,
images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks,
interfaces, text, and literary works) through any means to the website, you confirm that you own
all the relevant rights or received the appropriate license to upload/transfer/send the content. You
agree and consent that the uploaded/transferred content may be publicly displayed at the
website.
DISCLAIMERS
Not Legal or Financial Advice
Explore Cents is not an attorney, financial advisor, nor acting as one. The information contained
on this Site or in Consultations is not intended to be a substitute for legal or financial advice that
can be provided by your own attorney, accountant, and/or financial advisor. Although care has
been taken in preparing the information provided to you, Explore Cents, cannot be held
responsible for any errors or omissions, and Explore Cents, accepts no liability whatsoever for
any loss or damage you may incur. Always seek financial and/or legal counsel relating to your
specific circumstances as needed for any and all questions and concerns you now have, or may
have in the future. You agree that the information provided on this Site and in Consultations is
not legal or financial advice.
Personal Responsibility
You aim to accurately represent the information provided to Explore Cents on or through
Consultation and/or the Site. You acknowledge that you are participating voluntarily in using the
Site and that you are solely and personally responsible for your choices, actions, and results, now
and in the future. You accept full responsibility for the consequences of your use, or non-use, of
any information provided on or through Consultation, Coaching & the Site, and you agree to use
your own judgment and due diligence before implementing any idea, suggestion, or
recommendation from Explore Cents Consultation, Coaching or the Site to your life, family, or
business.
No Guarantees
Explore Cents role, and the role of their services and products, is to support and assist you in
reaching your own goals, but your success depends primarily on your own effort, motivation,
commitment and follow-through. Explore Cents cannot predict and does not guarantee that you
will attain a particular result, and you accept and understand that results differ for each
individual. Each individual’s results depend on his or her unique background, dedication, desire,
motivation, actions, and numerous other factors. You fully agree that there are no guarantees as
to the specific outcome or results you can expect from using the information you receive during
Consultations or on the Site.
LIMITATION OF LIABILITY
By using the Site or services, you agree to absolve Explore Cents of any liability or loss that you
or any other person may incur from use of the information, products or materials, services
relating to or arising out of our use of or inability to use the Site or services, any user postings
made by you, your violation of any terms of this Agreement or your violation of any rights of
third party or any applicable laws. You agree that Explore Cents will not be liable to you, or to
any other individual, company or entity, for any type of damages, including direct, indirect,
special, incidental, equitable or consequential loss or damages, for use of or reliance on the Site.
You agree that Explore Cents does not assume liability for accidents, delays, injuries, harm, loss,
damage, death, lost profits, personal or business interruptions, misapplication of information,
physical or mental disease or condition or issue, or any other type of loss or damage due to any
act or default by anyone acting as our agent, consultant, staff, team member, third parties or
anyone otherwise affiliated with our business, who is engaged in delivering content on or
through the Site or Consultations.
ADDITIONAL TERMS
Changes/Updates
Explore Cents reserves the right to modify these terms from time to time at our sole discretion.
Therefore, you should review this page periodically. When we change the Terms in a material
manner, we will notify you that material changes have been made to the Terms. Your continued
use of the Site or our service after any such change constitutes your acceptance of the new
Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or
access (or continue to access) the website or the service.
Communication
You agree to receive promotional messages and materials from us, by mail, email, or any other
contact form you may provide us with (including your phone number for calls or text messages)
from time to time. If you don’t want to receive such promotional materials or notices – please
just notify us at any time.
Electronic Communication
Visiting explorecents.com, emailing Explore Cents, or completing online submission
forms constitutes electronic communications. You consent to receive electronic communications
and you agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically, via email, and on the Site, satisfy any legal requirement that such
communications be in writing.
Severability
If any provision or portion of the Service Agreement or these Terms and Conditions shall be
rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or
unenforceable, the remaining provisions or portions shall remain in full force and effect.
Survival
Each term and provision of the Service Agreement and these Terms and Conditions that should
by its sense and context survive any termination or expiration of the Service Agreement, shall so
survive regardless of the cause and even if resulting from the material breach of either Party to
the Service Agreement.
Headings: Construction
The headings/captions appearing in the Service Agreement and these Terms and Conditions have
been inserted for the purposes of convenience and ready reference, and do not purport to and
shall not be deemed to define, limit or extend the scope or intent of the provisions to which they
appertain.
Relationship of the Parties
Your relationship with Explore Cents is that of independent contractors. Nothing in the Service
Agreement, and no course of dealing between you and Explore Cents, shall be construed to
create or imply an employment or agency relationship or a partnership or joint venture
relationship between you and Explore Cents. Neither you nor Explore Cents has the authority to
bind or contract any obligation in the name of or on account of the other Party or to incur any
liability or make any statements, representations, warranties, or commitments on behalf of the
other Party, or otherwise act on behalf of the other.
Force Majeure
Neither you nor Explore Cents shall be liable hereunder for any failure or delay in the
performance of its obligations under the Service Agreement, except for the payment of money, if
such failure or delay is on account of causes beyond its reasonable control, including civil
commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications
line failures, electrical outages, network failures, governmental regulations or controls, casualty,
strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health
emergencies, acts of God, or other similar or different occurrences beyond the reasonable control
of the Party so defaulting or delaying in the performance of the Service Agreement, for so long
as such force majeure event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within [number, e.g., five] business days of its
occurrence.
Assignment
The Explore Cents may subcontract its obligations and rights to a third-party.
Governing Law and Venue
The Service Agreement and the Terms and Conditions will be governed by and interpreted in
accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the
principles of conflicts of law of such state. You agree that any action arising out of the Service
Agreement will be brought solely in any state or federal court located in Philadelphia County,
Pennsylvania. You hereby submit to the exclusive jurisdiction and venue of any such court.
Indemnification
You agree to indemnify, defend, and hold Explore Cents and its employees and agents harmless
from any demands, loss, liability, claims, costs, or expenses (including attorneys’ fees), made
against them by any third party due to, or arising out of, or in connection with your use of the
website or any of the services provided by Explore Cents.
Limitation of Liability
In no event shall Explore Cents be liable to you for any incidental, consequential, indirect,
statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss
of use, loss of time, inconvenience, lost business opportunities, damage to good will or
reputation, and costs of cover, regardless of whether such liability is based on breach of contract,
tort, strict liability or otherwise, and even if advised of the possibility of such damages or such
damages could have been reasonably foreseen. The entire aggregate liability of Explore Cents for
any claims relating to the Services or the Service Agreement shall not exceed the fees paid or
payable by you to Explore Cents under the Service Agreement in the 12-month period
immediately preceding the events giving rise to such liability. This section shall survive the
termination of the Service Agreement. No action shall be brought for any claim relating to or
arising out of the Service Agreement or these Terms and Conditions more than one (1) year after
the accrual of such cause of action, except for money due on an open account.
Attorney’s Fees
If either you or Explore Cents incurs any legal fees associated with the enforcement of the
Service Agreement, any rights under this Agreement or these Terms and Conditions, the
prevailing party shall be entitled to recover its reasonable attorney’s fees and any court,
arbitration, mediation, or other litigation expenses from the other party.
Collection Expenses
If Explore Cents incurs any costs, expenses, or fees, including reasonable attorney’s fees and
professional collection services fees, in connection with the collection or payment of any
amounts due it under the Service Agreement, Customer agrees to reimburse Explore Cents for all
such costs, expenses and fees.
TERMINATION
Termination for Breach
You or Explore Cents may terminate the Service Agreement at any time in the event of a breach
by the other Party of a material covenant, commitment or obligation under this Agreement that
remains uncured: (i) in the event of a monetary breach, 10 calendar days following notice
thereof; and (ii) in the event of a non-monetary breach after 30 days following written notice
thereof. Such termination shall be effective immediately and automatically upon the expiration
of the applicable notice period, without further notice or action by either Party. Termination shall
be in addition to any other remedies that may be available to the non-breaching Party.
Termination for Bankruptcy, Insolvency or Financial Insecurity
The Service Agreement shall terminate immediately and automatically upon any determination
by a court of competent jurisdiction that you or Explore Cents are excused or prohibited from
performing in full all obligations hereunder, including, without limitation, rejection of the
Service Agreement pursuant to the bankruptcy provisions of 11 U.S.C. § 365.
Termination for Fraud or Illegality
Service Provider shall have the right to immediately terminate this Agreement upon the
discovery of fraud or illegal activity by Customer and/or its owner and shall provide written
notice of the termination within five (5) business days after the termination action.
Termination for Convenience
Either Party may terminate the Service Agreement at any time with or without cause by giving
30 days prior written notice.
Obligations upon Termination
Termination of the Service Agreement for any reason shall not discharge Customer’s obligations
incurred hereunder and amounts unpaid at the time of such termination. Customer shall pay
Service Provider for all Services rendered prior to the effective date of termination. Upon the
termination of the Agreement, the Customer shall promptly return to Service Provider any
equipment, materials or other property of the Service Provider relating to the terminated Services
which are in Customer’s possession or control.
REFUND
All advances, payments and fees made for services rendered are non-refundable.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or
concerning the Service Agreement or these Terms and Conditions, or any provisions hereof,
whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then
such dispute shall be resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be
entered upon it in any court having jurisdiction. If any legal or equitable action, processing, or
arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all
disputes and claims regarding the Service Agreement or these Terms and Conditions, except
claims by Explore Cents against you regarding nonpayment. You agree that Explore Cents may
litigate any claims regarding payment for the Services under the Service Agreement against you
in the courts of Philadelphia County, Pennsylvania without first resorting to mediation or
arbitration.
CLASS ACTION WAIVER
Any arbitration under the Service Agreement or these Terms and Conditions will take place on
an individual basis; class arbitrations and class/representative/collective actions are not
permitted. You agree that a party may bring claims against the other only if each’s individual
capacity, and not as a plaintiff or class member in any putative class, collective and/or
representative proceeding, such as in the form of a private attorney general action against the
other. Further, unless both you and Explore Cents agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Waiver
No waiver of any term or right in the Service Agreement shall be effective unless in writing,
signed by an authorized representative of the waiving party. The failure of either party to enforce
any provision of the Service Agreement shall not be construed as a waiver or modification of
such provision, or impairment of its right to enforce such provision or any other provision of this
Agreement thereafter.
