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ooh la la Moolah Privacy Policy and Terms of Use

 

SUMMARY

This agreement is between you (Hereinafter USER) and T. Chingo Finance, LLC d.b.a. ooh la la Moolah (Hereinafter OOH LA LA). USER understands they may be required to disclose personal and confidential information. OOH LA LA agrees to hold this information in strict confidence and will make all reasonable efforts to protect USER’s personal information. Said information will be used for internal purposes only. Personal information includes financials, address, telephone numbers, and any other personal information shared for personal finance mentoring purposes. As part of these services and for a fee, USER will be given online access to certain confidential information created by OOH LA LA that is not suitable for disclosure to others. Whether or not USER remains a client of OOH LA LA, USER agrees to hold confidential any and all information disclosed to them by the website, by anyone working on behalf of OOH LA LA, or by any other means concerning this information. USER also agrees that they will not make copies of materials from the OOH LA LA website.

Should it be required that some or all of the information concerning materials created by OOH LA LA be disclosed, USER will first, obtain OOH LA LA's consent in writing and have a non-disclosure form signed by the individual or individuals to which disclosure will be made.

USER agrees not to utilize any of OOH LA LA's information for personal benefit, other than personal use. USER acknowledges that they had no prior knowledge of this concept or anything similar to it prior to discussing it with OOH LA LA. USER'S consideration for entering this agreement shall be the engagement of receiving personal finance mentoring services and advice as a client of OOH LA LA for valuable consideration.

DEFINITIONS

1. “Confidential Information”, as used in this agreement, includes without limitation, data, databases, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, wireframes, customer lists, purchasing information, pricing, studies, findings, inventions, copyright materials, spreadsheets, downloads, and ideas as they relate to OOH LA LA technology.

2. “Discloser” shall mean the party disclosing the confidential information. The “Recipient” shall mean the party receiving the confidential information.

3. All information provided by the discloser under this agreement shall be deemed confidential information except the following:

a. Information that the recipient can demonstrate was publicly available or in its possession prior to the time of disclosure.

b. Information that the recipient can demonstrate was developed independently of or prior to disclosure under this agreement.

c. Information that the recipient can demonstrate it obtained prior to disclosure under this agreement or from a third party without any obligation of confidentiality or limitation of use and which the recipient had no actual knowledge that it was wrongfully obtained or disclosed by the third party.

d. This agreement does not control information or processes unrelated to the confidential information that were created by or possessed by the recipient prior to the disclosure nor does it control information or processes possessed in the future by the recipient unrelated to the confidential information that is being disclosed.

EFFECTIVE DATE OF AGREEMENT

4. This agreement shall be effective immediately. The obligations of the confidentiality and nonuse shall survive termination (and term) of the agreement. The term of this agreement is indefinite, not to exceed that permitted by law, unless terminated upon 30 days written notice by either party.

THIRD PARTIES

5.1 The recipient shall take all necessary steps to make certain that the confidential information in its possession is not reviewed by anyone other than authorized employees who have also agreed to confidentiality in accordance with the obligations set forth in the summary paragraph above.

5.2 OOH LA LA may refer USER to various 3rd party vendors. Such vendors are not affiliated with OOH LA LA and any referrals are not an endorsement to conduct business with vendor. USER agrees to evaluate and review terms of 3rd party vendor services prior to engaging in business with them, and any decision to conduct business with 3rd party vendors are of USER's own accord. 

PROPERTY RIGHTS

6. All confidential information disclosed shall remain the property of the discloser regardless of if the parties decide to pursue or continue a business relationship. In the event that the parties terminate the relationship or decide not to pursue one, any confidential information possessed by the recipient must be returned to the disclosure and no copies shall be retained.

LEGAL PROCEEDINGS

7. If the recipient is requested or required to disclose confidential information pursuant to a properly issued subpoena from a U.S. court of law or government agency, the recipient shall:

a. Promptly notify the discloser of the existence, terms, and circumstances surrounding the court ordered subpoena or governmental request;

b. Consult with the discloser on the advisability of taking steps to resist or narrow the request;

c. If disclosure of confidential information is required, the recipient shall furnish only such portion of the confidential information as the recipient is advised by counsel is legally required to be disclosed, and

d. Cooperate with the discloser in its efforts to obtain an order or other reliable assurance that confidential treatment be accorded to that portion of the confidential information that is required to be disclosed.

THE OOH LA LA SYSTEM

8.1 Includes the following:

i. Personalized Budget Planning Session (up to 2 hours)

ii. Monthly One-On-One Personal Finance Reviews and Personal Finance Mentoring Services (up to 1 hour)

iii. Paid membership to LifeLock® Ultimate Plus™ (see THIRD PARTIES terms above)

iv. Trade Notifications (see INVESTING terms below)

v. Ability to purchase additional Personal Finance Mentoring Services

8.2 Cost is $69/month, subject to change

8.3 Either party may terminate services for any reason, at any time. USER may terminate services by calling (269) 350­-4897.

PERSONAL FINANCE MENTORING SERVICES

9.1 Personal Finance Mentoring includes, but is not limited to:

i. Budget Planning

ii. Debt Elimination Planning

iii. Credit Report Review/Credit Repair Assistance (see CREDIT SERVICES terms below)

iv. Investment Education (see INVESTING terms below)

v. USER's bills paid on USER's behalf (restrictions apply)

vi. Remote assistance with online banking, online brokerage accounts, etc.

vii. Assisted telephone calls to bill vendors, financial institutions, etc.

9.2 Cost is $150/hour, subject to change

TRAVIS CHINGO AT APOLLO HOME MORTGAGE FREE MONEY MANAGEMENT SERVICES

9.a.1 This service is only offered to those who have secured a home loan through Travis Chingo at Apollo Home Mortgage, or are in the market for a home loan, and includes:

i. Budget Planning

ii. Debt Elimination Planning

iii. Credit Report Review/Credit Repair Assistance (see CREDIT SERVICES terms below)

iv. Remote assistance with online banking, online brokerage accounts, etc.

v. Assisted telephone calls to bill vendors, financial institutions, etc.

vi. Monthly One-On-One Personal Finance Reviews (up to 30 minutes)

9.a.2 USER must apply for a home loan from Travis Chingo at Apollo Home Mortgage using one of the following methods:

i. Applying online at www.apollohomeloans.com/staff/loPage.php?id=19691, or

ii. Calling (269) 382-3290 and applying over the phone

9.a.3 There is no charge for this service.

9.a.4 If USER secures a home loan through a lender other than Travis Chingo at Apollo Home Mortgage, USER will no longer be eligible for these services.

9.a.5 Either party may terminate services for any reason, at any time. USER may terminate services by calling (269) 350­-4897.

REGISTRATION

10. USER shall be assigned a password and username upon registering on the oohlalamoolah.com website and receipt of payment according to the terms as set forth in this agreement.

REFUNDS

11. No refunds are issued for payments received, regardless if the service is used.

BILL PAYING

12.1 USER may elect to have OOH LA LA pay USER's bills on USER's behalf via an online bill pay service. OOH LA LA will assist USER in setting up electronic statements that will go to both USER and OOH LA LA, for all bills possible. It is USER's responsibility to forward any bills to OOH LA LA that are not able to be set up for electronic statements. If USER's bills are not able to be paid on time due to untimely statement delivery, USER agrees not to hold OOH LA LA responsible for any resulting late fees, interest charges, etc. 

12.2 If USER's bills are not able to be paid on time due to lack of funds, USER agrees to not hold OOH LA LA responsible for any resulting late fees, interest charges, etc.

INVESTING

13.1 OOH LA LA and its representatives are not licensed financial advisers and do not provide investment advice. OOH LA LA relies upon the "publishers' exclusion" from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, OOH LA LA does not offer or provide personalized investment advice. We publish information about companies in which we believe our users may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our investing/trading education is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our investing/trading education and the information provided by us is for educational and demonstration purposes only, and should not be construed by USER as OOH LA LA solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets, and especially in options and futures, are speculative and involve substantial risk. The information that we provide or that is derived from our investing/trading education should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment adviser and to make independent investigations before acting on the information that you obtain from OOH LA LA or derive from our investing/trading education. Only you can determine what level of risk is appropriate for you.

13.2 Investing involves risk. Do not invest money you cannot afford to lose. When investing, losses are possible, including the possibility of TOTAL LOSS. USER agrees to hold OOH LA LA harmless for any and all such losses.

13.3 U.S. Government Required Disclaimer - Commodity Futures Trading Commission. Futures, options and stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or stock markets. Don't trade with money you can't afford to lose. Our investing/trading education is neither a solicitation nor an offer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in this material. The past performance of any trading system or methodology is not necessarily indicative of future results. CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

CREDIT SERVICES

14.1 Credit Report Review & Credit Repair Assistance services are provided in accordance with the Michigan Credit Services Protection Act 160 of 1994: http://legislature.mi.gov/doc.aspx?mcl-act-160-of-1994

IN GENERAL

15.1 Neither the holding of discussions between the parties, nor the exchange of confidential information, shall restrict either party from using, disclosing, or disseminating their own information in any way.

15.2 This agreement shall be construed under the laws of the State of Michigan and constitutes the entire understanding between the parties with respect to the confidential information disclosed. The parties confirm that any information that was disclosed between the parties during discussions held between them prior to the date of this agreement shall be subject to the terms of the agreement. This agreement supersedes all previous communications, representations and understandings between the parties with regard to the confidential information subject to this agreement. This agreement contains the complete agreement between the parties concerning disclosure and permitted use of the information. This is considered a final agreement and may only be modified in writing by the parties or their authorized representatives.

15.3 It is agreed that no license under any invention, patent, copyright, trade secret, or other proprietary right is granted directly or indirectly by this agreement or through disclosure.

15.4 No agency, partnership, joint venture, or other joint relations are created by this agreement. The formation of an on-going business relationship and/or agreement for payment in exchange for services, if any, will be documented in a separate fee agreement signed by the parties. This confidentiality agreement will continue in force regardless of whether such an agreement is executed.

15.5 No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof prelude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.

15.6 If any provision of this agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provisions shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed therein. This agreement may be executed in counterparts, each of which shall be deemed to be an original, and all of which shall constitute the same agreement.

15.7 These terms are subject to change. Your continued use of OOH LA LA services indicates your acceptance of the latest version of these terms.