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MINIMUM TERMS AND CONDITIONS
This User agreement contains the terms and conditions for your use of digital money
management tools and services that we may provide to you and that involve accessing third
party account information (“Services”). Hereinafter “you” “your” means the User and “us” “we”
“our” or “Financial Institution” refers to Client (protecting MX as its third-party service provider).
Provide Accurate Information. You represent and agree that all information you provide to us in
connection with the Services is accurate, current, and complete. You agree not to misrepresent
your identity or account information. You agree to keep account information secure, up to date
and accurate. You represent that you are a legal owner, or an authorized user, of the accounts
at third party sites which you include or access through the Services, and that you have the
authority to (i) designate us and our service providers as your agent, (ii) use the Services, and
(iii) give us and our service providers the passwords, usernames, and all other information you
provide.
Content You Provide. Your use of the Services is your authorization for Financial Institution or its
service providers, as your agent, to access third party sites which you designate in order to
retrieve information. You are licensing to Financial Institution and its service providers any
information, data, passwords, usernames, PINS, personally identifiable information or other
content you provide through the Services. You authorize us or our service providers to use any
information, data, passwords, usernames, PINS, personally identifiable information or other
content you provide through the Services or that we or our service providers retrieve on your
behalf for purposes of providing the Services, to offer products and services, and for other
permissible business purposes. Except as otherwise provided herein, we or our service
providers may store, use, change, or display such information or create new content using such
information.
Authority to Access Information. Unless and until this User agreement is terminated, you grant
Financial Institution and its service providers the right to access information at third-party sites
on your behalf. Third-party sites shall be entitled to rely on the authorizations granted by you or
through your account. For all purposes hereof, you hereby grant Financial Institution and its
service providers the right to access third-party sites to retrieve information, use such
information, as described herein, with the full power and authority to do and perform each and
every act and thing required and necessary to be done in connection with such activities, as
fully to all intents and purposes as you might or could do in person. Upon notice to Financial
Institution, you may (i) revoke Financial Institution’s right to access information at third party
sites on your behalf, or (ii) subject to Section 7, request deletion of information collected from
third party sites. You understand and agree that the Services are not sponsored or endorsed by
any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL
INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION
FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR
PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.
Third Party Accounts. With respect to any third-party sites, we may enable you to access
through the Services or with respect to any non- Financial Institution accounts you include in the
Services, you agree to the following:
You are responsible for all fees charged by the third party in connection with any non- Financial
Institution accounts and transactions. You agree to comply with the terms and conditions of
those accounts and agree that this User agreement does not amend any of those terms and
conditions. If you have a dispute or question about any transaction on a non- Financial
Institution account, you agree to direct these to the account provider.
Any links to third party sites that we may provide are for your convenience only, and Financial
Institution and its service providers do not sponsor or endorse those sites. Any third-party
services, which you may be able to access through the Services, are services of the listed
institutions. We nor our service providers have responsibility for any transactions and inquiries
you initiate at third party sites. The third-party sites you select are solely responsible for their
services to you. We nor our service providers are liable for any damages or costs of any type
arising out of or in any way connected with your use of the services of those third parties.
Limitations of Services. When using the Services, you may incur technical or other difficulties.
We nor our service providers are responsible for any technical or other difficulties or any
resulting damages that you may incur. Any information displayed or provided as part of the
Services is for informational purposes only, does not represent an official record of your
account, may not reflect your most recent transactions, and should not be relied on for
transactional purposes. We and our service providers reserve the right to change, suspend or
discontinue any or all of the Services at any time without prior notice. In the event that Services
are discontinued, your information shall be retained in accordance with this Agreement and our
privacy policies.
Acceptance of User Agreement and Changes. Your use of the Services constitutes your
acceptance of this User agreement. This User agreement is subject to change from time to time.
We will notify you of any material change via e-mail or on our website by providing a link to the
revised User agreement. Your continued use will indicate your acceptance of the revised User
agreement. The licenses, user obligations, and authorizations described herein are ongoing.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances,
other financial account data, or other available data that is collected through your use of the
Services, may be used by us and our service providers to conduct certain analytical research,
performance tracking and benchmarking. Our service providers may publish summary or
aggregate results relating to metrics comprised of research data, from time to time, and
distribute or license such anonymous, aggregated research data for any purpose, including but
not limited to, helping to improve products and services, and assisting in troubleshooting and
technical support. Your personally identifiable information will not be shared with or sold to third
parties.
Ownership. You agree that Financial Institution and its service providers, as applicable, retain all
ownership and proprietary rights in the Services, associated content, technology, mobile
applications and websites.
User Conduct. You agree not to use the Services, or the content or information delivered through
the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen
items, including but not limited to use of the Services to impersonate another person or entity;
(b) violate any law, statute, ordinance, or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(c) create liability for Financial Institution or its service provider or cause Financial Institution to
lose the services of our service providers; (d) access the information and content
programmatically by macro or other automated means; or (e) use the Services in such a
manner as to gain unauthorized entry or access to computer systems.
Indemnification. You agree to defend, indemnify, and hold harmless Financial Institution, its third
party service providers and their officers, directors, employees, and agents from and against any
and all third-party claims, liabilities, damages, losses, or expenses, including settlement amounts
and reasonable attorneys' fees and costs, arising out of or in any way connected with your
access to or use of the Services, your violation of these terms or your infringement, or
infringement by any other user of your account, of any intellectual property or other right of
anyone.
Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services,
or certain portions and/or functionalities thereof, are provided as strictly educational in nature
and are provided with the understanding that neither Financial Institutions nor its third-party
providers are engaged in rendering accounting, investment, tax, legal, or other professional
services. If legal or other professional advice including financial, is required, the services of a
competent professional person should be sought. Financial Institution and its third-party
providers specifically disclaim any liability, loss, or risk which is incurred as consequence,
directly or indirectly, of the use and application of any of the content on this site. Further,
Financial Institution and its third-party providers are not responsible for any credit, insurance,
employment or investment decisions or any damages or other losses resulting from decisions
that arise in any way from the use of the Services or any materials or information accessible
through it. Past performance does not guarantee future results. Financial Institution and its
third-party providers do not warrant that the Services comply with the requirements of the
FINRA or those of any other organization anywhere in the world.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL
INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK
AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE
PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE
SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY
THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY
YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS
IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL
THIRD PARTY DATA PROVIDERS, EXPRESSLY DISCLAIMS ANY TYPE OF
REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME
OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE
OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS
EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY,
COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR
BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM
THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD
PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR
WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER'S
WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND
SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH
OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE
SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR
NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE
PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES,
OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute
with us or our service providers, arising out of or relating to your use of the Services or these
terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE
GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A
MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
Export Restrictions. You acknowledge that the Services and any software underlying such
Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and
that you will comply with these regulations. You will not export or re-export the software or
Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions;
(2) any end user who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government; or (3) any end user who you know or have reason to
know will utilize them in the design, development, or production of nuclear, chemical or biological
weapons. You further acknowledge that the Services may include technical data subject to
export and re-export restrictions imposed by U.S. law.
Other Terms. You may not assign this User agreement. A determination that any provision of
this User agreement is unenforceable or invalid shall not render any other provision of this User
agreement unenforceable or invalid.