Terms of Use

READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE EDUCATION SERVICES WITHIN THE MONEY MAKER SKILLS SITE (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE EDUCATION SERVICES.

MONEY MAKER SKILLS IS DESIGNED TO EMPOWERING INDIVIDUALS TO ACHIEVE THEIR CAREER AND LIFE GOALS BY PROVIDING PROFESSIONAL DEVELOPMENT COURSES. OUR OBJECTIVE IS TO INSPIRE AND EMPOWER INDIVIDUALS TO ACHIEVE THEIR CAREER AND LIFE GOALS. TO ENABLE MONEY MAKER SKILLS TO CONTINUE TO PURSUE THIS MISSION, INDIVIDUALS USING THE MONEY MAKER SKILLS SITE FOR PERSONAL LEARNING MUST ENROLL INTO THESE EDUCATION COURSES TO LEARN (STUDENTS).

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Money Maker Skills through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

These Terms of Use are a binding contract between You and Money Maker Skills. Your access to and continued use of certain areas within the Money Maker Skills Web site located at www.moneymakerskills.com (including any successor site) (the “PrepNavigator Site”), including any portions of the site that require registration (“Registration-Based Services”), constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use the Money Maker Skills Site, including but not limited to the Registration-Based Services within the Money Maker Skills Site. For avoidance of doubt, Your use of any Registration-Based Services that require payment of a fee for access (“Fee-Based Services”) is also subject to and governed by these Terms of Use.

 

Permitted and Prohibited Uses

Permitted Uses. You may access and use such portions of the Money Maker Skills Site for which neither registration nor a fee is required as set forth herein. Certain areas within the Money Maker Skills Site, may be accessed by You, but only after registering with the Money Maker Skills Site and providing the information requested through the registration process. Fee-based features or services, such as features and services associated with creating the “Profile” (collectively, Enrollment Services”) may be accessed by registering and paying the applicable fees for such Enrollment Services, as established by Money Maker Skills. You may access and use the Money Maker Skills Site, the Registration-Based Services for the following purposes (collectively, “Permitted Uses”):

  1. to learn about acquiring and improving skills for the purpose of professional advancement;
  2. to engage with members or exchange information of interest to the member community;
  3. to network with other members or enter into other types of business relationships with them;
  4. to conduct comparative or other “best practices” research purposes;
  5. for Your own internal business use; and
  6. in the case of governmental agencies, performing regulatory or research functions related to industry entities.

You may download and print information from the Money Maker Skills Site in connection with the Permitted Uses. Money Maker Skills reserves all rights not expressly licensed. If You desire to access or use any Registration-Based Services, You can do so only if you register with the Money Maker Skills Site and, if applicable, agree to any service-specific agreements.

Prohibited Uses. You may not:

  1. use the Money Maker Skills Site other than as authorized by these Terms of Use;
  2. use the Money Maker Skills Site for the benefit of any third party, other than as part of a Permitted Use;
  3. republish or distribute information from the Money Maker Skills  Site (including by posting same on any other Web site) without Money Maker Skills’s express written consent;
  4. modify information from the Money Maker Skills Site except in connection with a Permitted Use;
  5. disassemble, decode, decompile, or otherwise reverse engineer the Money Maker Skills Site, including, without limitation, any interfaces or software programs comprising the Money Maker Skills Site;
  6. take any action that would impede or interfere with the operation of the Money Maker Skills Site or alter the contents of the Money Maker Skills Site, or alter or interfere with any other content, site or software that Money Maker Skills owns or controls;
  7. directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Money Maker Skills Site, any database thereon and/or any content thereon, or any portion thereof;
  8. use any data mining, robots or similar data gathering and extraction methods with respect to the Money Maker Skills Site or any portion thereof; or
  9. use the Money Maker Skills Site directly or indirectly in competition with Money Maker Skills in any way whatsoever.

Access to the Money Maker Skills Site

Money Maker Skills reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Money Maker Skills Site. Money Maker Skills further reserves the right to impose registration, password and other security precautions on access to and use of the Money Maker Skills Site.

Access to the Registration-Based Services

To obtain access to Registration-Based Services, you will be required to register with us. Children under the age of 13 may not register for any of the Registration-Based Services. If You are an individual, You will select a user name and password at the time You complete Your registration on the Money Maker Skills Site. Authorized users must complete Money Maker Skills’s registration process in order to receive passwords that will permit them to access such Fee-Based Services. Only one individual may access the Money Maker Skills Site at a time using the same user name and password. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under Your user name or password.

You are responsible for ensuring that no unauthorized person will have access to Your user name, password or account. It is Your sole responsibility to monitor and control access to and use of Your user name, password and account. Your user name, password and account are not transferable. You grant Money Maker Skills and all other persons and entities involved in the operation of the Money Maker Skills Site the right to transmit, monitor, store, retrieve and use Your information in connection with the operation of the Money Maker Skills Site. You agree to (a) immediately notify Money Maker Skills of any unauthorized use of Your user name, password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Money Maker Skills cannot and will not be liable for any loss or damage arising from Your (or any authorized users’) failure to comply with the provisions of this Section.

Money Maker Skills reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Money Maker Skills Site. Money Maker Skills further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the Money Maker Skills Site.

Downloading of Information

You agree that you shall not copy, download, upload or in any other way reproduce any Information except as expressly permitted pursuant to this Section. In the event Money Maker Skills does permit downloading of Information, such downloading shall be subject to the provisions of this Section.

Subject to any specific requirements of the applicable License Agreement, You shall be permitted to download such Information as and to the extent provided below:

  1. Information may be downloaded solely for Your internal use (but not for general internal distribution) and only in accordance with these Terms of Use and the License Agreement with respect to such Fee-Based Service. All Information so downloaded shall continue to be subject to all restrictions on use and other provisions applicable to such Fee-Based Service and/or the Money Maker Skills Site set forth in these Terms of Use or such License Agreement. The Information available to be downloaded with respect to any organization shall be as determined from time to time by Us in Our sole discretion.
  2. Information available to be downloaded by You may be saved in one or more files on the Money Maker Skills Site created based upon the results of one or more searches conducted by You by means of such Fee-Based Service and accessible via Your management page with respect to such Fee-Based Service on the Money Maker Skills Site.
  3. Systematic access to or extraction of content from any Fee-Based Service or downloaded file or Information (as determined by Money Maker Skills in Our sole discretion), including, but not limited to, the use of “bots” or “spiders”, is strictly prohibited. Without limiting any other provision of these Terms of Use, We reserve the right to monitor Your use of the Money Maker Skills Site and any Fee-Based Service to ensure compliance with these Terms of Use (including, without limitation, the provisions of this Section) and any License Agreement for a Fee-Based Service, and to prevent fraudulent use. Such monitoring of use may include but shall not be limited to determining whether or not the Money Maker Skills Site or any Fee-Based Service is accessed under Your account from multiple computers. If such monitoring indicates You (or your authorized users, if any) are not in compliance with these Terms of Use (including, without limitation, the provisions of this Section) or the License Agreement with respect to such Fee-Based Service, or if fraudulent activity is suspected, Money Maker Skills reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of your rights under these Terms of Use and any and all License Agreements for Fee-Based Services, and any and all of Your account(s).

Communications with Money Maker Skills

You understand and agree that, as part of Your registration for and use of the Money Maker Skills Site, Money Maker Skills may send to You certain communications from time to time, including (a) product announcements, such as announcements concerning upgrades, modifications and/or enhancements to the Money Maker Skills Site and any other featrues or services offered by Money Maker Skills; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the Money Maker Skills Site and/or any other services offered by Money Maker Skills. You further understand and agree that Your agreement to receive such communications is a condition to Your use of the Registration-Based Services, and that You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the Money Maker Skills Site, shall be subject to this Agreement.

Registration Information and Privacy Policy

As a condition of Your right to use the Registration-Based Services within the Money Maker Skills Site, You agree to provide us with true, accurate and complete information as required by the registration process, including Your legal name, organization name, telephone numbers, and e-mail address (collectively, “Registration Data”), to allow us to share Your Registration Data with third parties for the purpose of verifying the information you provide and to otherwise use such Registration Data consistent with our Privacy Policy. You agree to the terms of our Privacy Policy, which is incorporated by reference.

Spam

We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Your License to Money Maker Skills

By submitting material (including, but not limited to, any text, photos, video or other content) to the Money Maker Skills, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via the Money Maker Skills Site, you grant us, and anyone authorized by us, including, without limitation, our affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to the Money Maker Skills Web site, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right, in our sole discretion, (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

Materials Submitted by Users

We cannot and do not review every posting made. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting.

Privacy Policy

You agree to the terms of our Privacy Policy, which is incorporated by reference

Legal Notices and Proprietary Rights

You agree that you will not take any action that would infringe, misappropriate, or violate Money Maker Skills’s intellectual property interests and that you will comply with the intellectual property provisions set forth herein.

Copyright Protection

The Money Maker Skills Site (including without limitation the database and content found on the Money Maker Skills Site) is copyrighted or otherwise protected subject matter, is owned or licensed by Money Maker Skills and is protected by United States and international copyright law, trademark law and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through the Money Maker Skills Site provided you reprint any copyright and other rights notices included in such content. You may not reproduce, modify, distribute or publicly display the Money Maker Skills Site, in whole or in part, in any form (including by email, screen shots or other electronic means) except as is expressly authorized by these Terms of Use or a service-specific Money Maker Skills agreement or License Agreement. If you would like to make copies and/or distribute any portion of the Money Maker Skills Site in ways not expressly authorized by these agreements, You must contact Money Maker Skills for written permission, which it may grant or withhold in its sole discretion. Of course, you are free to encourage others to access the information themselves from the Money Maker Skills Site and tell them how to find it.

The Money Maker Skills Site contains information from third-party sources. If You believe that Your copyright interests are being infringed by anything on the Money Maker Skills Site, You must notify Money Maker Skills of Your claim by filing a Notice with Money Maker Skills. Your Notice must be in writing (either via electronic mail or by certified or registered mail to Money Maker Skills, Attn: Counsel, LegalZoom.com, Inc. 101 N. Brand Blvd. 11th Floor Glendale, CA 91203 or support@Money Maker Skills.com, and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Money Maker Skills Site that You claim is infringing; (4) information we can use to contact You, including Your address, telephone number, and e-mail address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Linking to the Money Maker Skills Site

You may link to Money Maker Skills’s home page. You must send and email to: support@Money Maker Skills.com if you wish to link to any page other than the home page. Any such links to the home page must not state or imply any sponsorship by Money Maker Skills of your site, service, application, or mobile or handheld device application by us.

Trademark Protection

Money Maker Skills is a registered service/trademark. All other trademarks referred to on this Web site are service/trademarks of their respective owners. You may not use any trademark or service mark appearing on the Money Maker Skills Site without the prior written consent of the owner of the mark.

No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of the Money Maker Skills Site, or incorporate into another website, application, mobile or handheld device application, or other service any of our intellectual property.

You agree not to upload or otherwise place any information on the Money Maker Skills Site that would infringe or otherwise violate anyone’s intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

ACCURACY AND WARRANTY DISCLAIMERS

Money Maker Skills does not warrant or guarantee the accuracy, quality, completeness, currency, non-infringement, timeliness, merchantability, fitness for a particular purpose, or validity of any information on the Money Maker Skills Site (including, without limitation, any database accessible via the Money Maker Skills Site and its content) or linked from the Money Maker Skills Site nor does Money Maker Skills guarantee that the Money Maker Skills Site will be error-free or continuously available or free of viruses or other harmful components. Money Maker Skills does not edit or control the information it receives.

Due to, among other things, the possibility of human and/or mechanical error, Money Maker Skills shall not be responsible for any errors or omissions on the Money Maker Skills Site. Money Maker Skills makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Money Maker Skills shall not be liable for any damages of any kind incurred as a result of the information posted on the Money Maker Skills Site including, without limitation, any content thereon.

Money Maker Skills MAKES NO WARRANTY THAT THE Money Maker Skills SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE Money Maker Skills SITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” Money Maker Skills HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY Money Maker Skills WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Money Maker Skills MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE AND/OR EQUIPMENT.

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL Money Maker Skills (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE Money Maker Skills SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE Money Maker Skills SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER Money Maker Skills HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

You agree to indemnify, defend and hold harmless Money Maker Skills, its affiliates, and their respective officers, directors, employees, agents, successors, affiliates, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the Money Maker Skills Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys’ fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the Money Maker Skills Site.

Endorsement Disclaimer

Money Maker Skills does not endorse, support, sanction, or verify the information or material on or accessible via the Money Maker Skills Site. Unless otherwise specifically indicated, Money Maker Skills does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Money Maker Skills Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by our advertisers or others to whose sites we link.

Disclaimer Regarding Financial and Legal Advice

The information on the Money Maker Skills Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Before you act on any information you’ve found on the Money Maker Skills Site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE Money Maker Skills SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF THE Money Maker Skills SITE OR ANY MATERIAL OTHERWISE PROVIDED BY THE Money Maker Skills SITE.

Termination; Equitable Remedies

Money Maker Skills may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by You of the Money Maker Skills Site or any infringement or violation of Money Maker Skills’s intellectual property rights, shall cause Money Maker Skills irreparable injury for which Money Maker Skills could not be fully compensated by money damages. You agree that, in the event of such a violation, Money Maker Skills would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Money Maker Skills would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.

Force Majeure

Money Maker Skills shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Money Maker Skills Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Money Maker Skills’s reasonable control.

Dispute Resolution

If there’s a dispute, contact support (support@Money Maker Skills.com) to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against Money Maker Skills.

 

Furthermore, these Terms of Use shall be governed and construed by US laws, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Money Maker Skills Site, You are transacting business in the US and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Money Maker Skills Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the US, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

Modification of These Terms of Use

Money Maker Skills reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time by posting such modified versions on the Money Maker Skills Site. You agree to monitor regularly these Terms of Use as they appear on the Money Maker Skills Site. Your continued use of the Money Maker Skills Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any Registration-Based Service agreement and/or any License Agreements to one or more of our Fee-Based Services. These Terms of Use may not otherwise be modified or amended.

Notices

Except as is stated herein to the contrary, any notices to Money Maker Skills must be given by postal mail sent to LegalZoom.com, Inc. 101 N. Brand Blvd. 11th Floor Glendale, CA 91203. Any notices to You will be sent to the e-mail address that You provide to Money Maker Skills.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Money Maker Skills and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

Subject to the following sentence, these Terms of Use, including the Privacy Policy, constitute the entire agreement between Money Maker Skills and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and Money Maker Skills with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any License Agreement to one or more of our Fee-Based Services; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.