Effective as of December 29, 2020
Our Guarantee to You
You will retain exclusive rights to all leads, property, and any data that you input into Pebble. We will not sell or otherwise share any data stored in Pebble. We understand you are giving us your trust as we will be able to see and access your data and we want you to feel 100% secure in the safety of your data.
As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered or not through an account. These Terms constitute a legally binding agreement between you and us.
To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.
- Electronic Communications
Visiting pebblerei.com or sending emails to pebblerei.com 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.
If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern Pebble’s relationship regarding the Site and any services offered thereby (the “Service(s)”). Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent. These Terms include a jury trial and class action waiver. These Terms also limit the remedies that may be available to you in the event of a dispute with us.
Pebble provides a project management platform for real estate brokers in order to facilitate their transactions. In particular, the process encompassing from the listing of real estate for sale to the public, preparation of documentation, advertising, client contact, retention and lead generation, candidate appointments, pre-screening of buyers, financial qualifications, form filling, real estate purchase contract and closing; among other Services and functionalities offered by us from time to time.
- Prohibited Activities
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site by others to:
• Infringe these Terms or allow, encourage or facilitate others to;
• Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
• Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools);
• Disturb the normal flow of Services provided within the Site;
• Distribute, post or otherwise make available any content that:
(i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
(ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group;
(iii) endangers children and underage persons;
(iv) is or allows illegal or fraudulent activities to take place;
(v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or
(vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;
• Create a link from the Site to another website or document without our prior written consent;
• Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
• Create copies or derivate works of the Site or any part thereof;
• Otherwise reverse engineer, decompile or extract the Site’s source code;
• Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
• Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
• Pretend to be or misrepresent any affiliation with any legal entity or third party.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or any other credit.
In order to use some or all of the functionalities and Services provided via the Site, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms. You must notify Pebble immediately of any change in your eligibility to use the Site, if you suspect a breach of security or unauthorized use of your account.
Certain services made available via pebblerei.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the pebblerei.com domain, you hereby acknowledge and consent that Pebble may share such information and data with any third-party with whom Pebble has a contractual relationship to provide the requested product, service or functionality on behalf of Pebble users and customers.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing or direct marketing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a job or product until we receive the full payment.
Once a print job has been approved by customer and production has been initiated on the Site, no changes are allowed to the designs, artwork files, job characteristics, or printing turnaround time. After a job has been approved and production has initiated, the customer is responsible for paying the entire amount of that job along with applicable taxes and shipping/handling fees, unless otherwise noted.
We use external third-party payment processors such as credit card providers and/or PayPal in order to bill you for any purchases made through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Pebble is not responsible for any and all errors committed by such payment processors. Any currency conversion fees and expenses are responsibility of our third-party payment processors, not us.
- Refund Policy
All product sales and subscription payments are final. Once a payment has been made for access to your account, it is non-refundable.
Since we customize each order according to your exact specifications, no refunds are given once Pebble starts working on your order, which means Pebble has received your necessary materials (i.e., digital files and payment) and has begun work on your job (i.e., your order is in production).
If we verify that we have made an error, we will re-run the order. We must be notified within 24 hours from delivery of any defects the products. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will re-run the order with the original turnaround and send them out via the same paid shipping method. Shipping is non-refundable.
Pebble constantly maintains materials inventory and staff, and schedules time on all equipment for orders that have been placed to ensure our ability to produce them at any certain time. Orders that are not yet in production within 5 days of order already incur additional equipment, labor and inventory costs for Pebble.
Each mailing order made from Pebble is a contract between you, as the customer making the order, and Pebble. The fact that you have made an order on behalf of a third party does not absolve you of liability to Pebble. As such, any decision by the third party not to accept the particular items printed or to cancel the order with you does not affect your liability to Pebble.
All refund policies are subject to change without prior notification.
- Document Templates
This template is offered for informational purposes only with the understanding that neither the publisher nor the author is engaged in rendering legal, tax or other professional services. This document should be modified as the particular facts and needs require and it should always be reviewed by an experienced real estate attorney before use. This is a dynamic field of endeavor in which every situation is different, new laws are enacted, old laws are revised and/or reinterpreted on a continuing basis and where statutes, rulings and precedential case laws are constantly changing. Neither the author, printers, licensees nor distributors make any warranties, express or implied, about the legal effect or completeness of the documents included with this package. You agree in utilizing this form for any purposes that in no event shall the author or its agents, officers, printers, licensees or distributors be liable for any damages whatsoever arising out of the use of or inability to use the enclosed materials.
- Previews of Proofs
If requested, an online preview of the proof will be available for your review at anytime after the document has been created through the document editor. It is your responsibility to check on your proof.
An online proof is by no means an accurate reproduction of your final printed piece but is the final opportunity for you to check the layout, colors, graphics, and final text. Electronic proofs do not show transparency and over print issues. Nor do they show color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the document created in the document editor and thoroughly reviewed prior to sending. It should be checked against the original document in the editor for possible errors in layout, copy, spacing, punctuation or image placement. You are fully responsible for all that is contained in the final approved proof.
The request for a hard copy proof is not available.
- No Liability for Errors
Pebble is not liable for errors in a final product caused by any of the following reasons:
• Spelling, punctuation and grammatical errors
• Low resolution or low quality graphics and images
• Damaged fonts
• Transparency issues
• Overprint issues
• Artwork files that are not created following our specifications
• Variances in color from the conversion of Pantone or RGB colors to CMYK
• Errors in user-selected options such as size, quantity, paper and finish
• Duplicate orders submitted by the User
• Incorrect files uploaded
• Incorrect file orientation
• Cracking on folds
• Cutting variances
• Incorrect or undeliverable shipping address
• Damage to products after delivery to User
• User is responsible for reviewing their files and correcting any issues prior to placing the order.
- No Spam
We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake through our Services or Site, any massive delivery of unsolicited bulk communications to our users or to any third party. In compliance with the Controlling the Assault of Non Solicited Pornography And Marketing Act (‘CAN-SPAM Act’), any commercial electronic communication (“CEM”) that you receive from us, our partners, licensors, suppliers and affiliates, will require your prior consent to such communication. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed to – Pebble and/or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Canada and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our licensors, affiliates, partners and advertisers.
- Digital Millennium Copyright Act (‘DMCA’) Notice
In compliance with the DMCA, you may contact us by email at firstname.lastname@example.org or email@example.com in order to send us a notice regarding any copyright infringement matter. You can review the DMCA text at the U.S. Copyright Office website. We are ready to remove any allegedly or factually infringing content displayed on the Site, upon due notice and request by the title holder.
You must notify us of your claim with subject: “Takedown Request”. Once received, Pebble will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Pebble may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must contain the following information, at the least: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
- Third party links
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of your interest. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Some or all of the images and content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.
We do not always review the information, pricing, availability or fitness for use of such third party products and services, and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
- Advertising, Opt-out
We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
- Amendments, Suspension, Service Continuation
Access to the Site may be terminated or suspended without prior notice or liability of Pebble. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Site.
Pebble hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms and/or the Policy, at any time and at its sole and final discretion. Pebble may change the Site’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
- No endorsement
Any testimonial or review about our company, our products or our Services is made by the respective author and does not does not reflect Pebble’s opinions, nor do Pebble, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof. The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.
- No Representations or Warranties
Neither Pebble, nor its affiliates, subsidiaries, officers, employees and agents warranty that the Site will be error-free, uninterrupted, secure, or produce any particular results; or that any information, quick start guides, sheets, checklists, step-by-step guides, reference guides and/or sample filing forms will be current, useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Pebble or its employees, affiliates, contractors and/or agents shall create a guarantee.
Neither Pebble nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are an attorney or a professional advisor in any industry. The results described in the Site are not typical and will vary based on a variety of factors outside the control of Pebble. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.
Pebble does not represent or warrant the accuracy of user lists for our direct marketing services, nor do We make any representations, warranties, or guarantees about the conversion rate on our direct marketing services. You agree that Pebble is not liable for the inaccuracy or quality of any of our services that rely upon third-party mailing lists.
- Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
- Use Restrictions
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Pebble. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Pebble’s prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:
• Collecting information about the Site or users of the Site without our written consent;
• Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent.
• Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
• Accessing or using the Site for competitive purposes;
• Disguising the origin of information transmitted to, from, or through the Site.
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Allowing any other person or entity to impersonate you to access or use the Site;
• Using the Site for any purpose in violation of local, state, national, international laws
• Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
• Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.
- Disclaimer of Damages
To the fullest extent allowable under applicable law, Pebble hereby expressly disclaims any and all representations and warranties of any kind with respect to the Site, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Site or provided to you, including all warranties of any kind, whether express or implied; including, without limitation, mailing lists, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.
Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Site and Services “as is”, “with all faults”, and “as available”, including all content, quick start guides, sheets, checklists, step-by-step guides, reference guides, sample filing forms, software, materials, services, functions, and/or information made available thereby. It shall be your own responsibility to ensure that any products, Services or information available through this Site meet your specific requirements.
Pebble may, from time to time, rely on the most recent published United States Postal Service consumer address lists. Your reliance on the mailing lists we may provide you is at your own risk.
- Limitation of Liability
In no event shall Pebble be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Site; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.
In recognition of the relative risks and benefits of the Services provided via the Site, to both Pebble and the customer, the risks have been allocated such that you, our customer, hereby acknowledges and agrees, to the fullest extent permitted by law, to limit the maximum cumulative liability of Pebble to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any Services thereon or whatsoever claims expenses from any cause or causes (including reasonable attorneys’ fees and costs and expert witness fees and costs), to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars).
Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.
You agree to indemnify, defend and hold Pebble and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; or (iii) your violation of the rights of any third-party.
Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Pebble’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Force Majeure. Pebble is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Pebble’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
No Waiver. Failure by Pebble to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Pebble are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. Any notices or communications among the parties to these Terms shall be done in writing and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Pebble shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Pebble, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Vancouver, Province of British Columbia, Canada. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Language. Pebble may provide a translation of the English version of these Terms into other languages; and any translation thereof is only for convenience and the English version shall prevail.
Changes to the Site. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Digital Room, Inc. will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
Termination. Pebble reserves the right to terminate your account and access to the Site and its services at any time. Termination by Pebble may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
User Comments, Feedback and Other Submissions. All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Pebble. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
End User License
By using our Site and Services, and agreeing to these Terms, you represent and warrant that you also agree to the following terms (the “End User License”):
1. LICENSEE ACCESS INFORMATION AND ACCOUNT DATA.
You are solely responsible for (a) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you, or anyone you authorize on your behalf, to access the Services and your provider accounts (collectively, “Licensee Access Information”), and (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, “Account Data”). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to the extent we deem necessary to enable us to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
2. PROVIDER SERVICES.
2.1 General. In connection with your use of the Services and as part of the functionality of the Services, you may have access to certain online services or information that may be made available by your provider(s) (“Provider Services”), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from your provider(s). The Services are designed to allow you to access Provider Services (if and to the extent provided by your provider(s)) to set up banking and other information, schedule the Services to access your account(s), download transactions into the Services and otherwise aggregate information from your account(s) with your provider(s). You acknowledge and agree that we have no control over the provision of Provider Services or provision of access to the Provider Services by your provider(s), do not guarantee that you will be able to use the Services with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the provider(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access the Provider Services.
2.2 Collection of Provider Account Information. You acknowledge that in accessing your data and information through the Services, your provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively, “Provider Account Data”), may be collected and stored in the Services. You authorize us and our third party vendors, in conjunction with the operation and hosting of the Services, to use certain Provider Account Data to (a) collect your Provider Account Data, (b) reformat and manipulate such Provider Account Data, (c) create and provide hypertext links to your provider(s), (d) access the providers’ websites using your Provider Account Data, (e) update and maintain your account information, (f) address errors or service interruptions, (g) enhance the type of data and services we can provide to you in the future, and (h) take such other actions as are reasonably necessary to perform the actions described in (a) through (g) above. You hereby represent that you are the legal owner of your Provider Account Data and that you have the authority to appoint, and hereby expressly do appoint, us or our third party vendors as your agent with a limited power of attorney, and appoint us or our third party vendors as your attorney-in-fact and agent, to access third party sites and/or retrieve and use your Provider Account Data through whatever lawful means with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including, without limitation, accepting any new and/or updated terms and conditions from your provider on your behalf, in providing Services to you. You also expressly authorize Provider to share and disclose your Provider Account Data to us on your behalf to facilitate your use of your Provider Account Data for products and services agreed to by you. You further acknowledge that we do not, nor does our third party vendor review your Provider Account Data and agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider’s website are not made through the Services and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your provider(s). The permissions, uses and access rights granted to our third party vendors hereunder shall continue until such parties are notified by us or you that the Services have been terminated.
2.3 Information from Providers’ Websites. You acknowledge and agree that (a) some providers may not allow the Services to access the Provider Services, (b) providers may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (c) the Services may “refresh” the Provider Account Data by collecting the Provider Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Services. If you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you should check the last refresh date for the account and confirm Provider Account Data is correct by following the link back to the applicable provider or otherwise confirm that Provider Account Data is up to date and accurate.
3. SOFTWARE USE, STORAGE AND ACCESS.
We shall have the right, in our sole discretion and with reasonable notice, to establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (a) the amount of storage space you have on the Services at any time, and (b) the number of times (and the maximum duration for which) you may access the Services in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement with such changes. Maintenance upon the Services may be performed from time-to-time resulting in interrupted service, delays or errors in the Services. Attempts to provide prior notice of scheduled maintenance will be made, but provider cannot guarantee that such notice will be provided.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS” _AND “AS AVAILABLE.” _THE THIRD PARTY VENDOR AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR ANY THIRD PARTY SERVICES; IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICES OR THIRD PARTY SERVICES WILL BE AT YOUR SOLE RISK. VENDOR AND ITS (a) LICENSORS AND (b) THIRD PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES OR THIRD PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD PARTY SERVICES.
5. THIRD PARTY BENEFICIARY; INDEMNIFICATION.
You agree that Finicity is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Finicity were a party to this Agreement. You agree to protect Finicity and their affiliates from any and all third party claims, liability, damages, expenses and costs caused by or arising from your 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.
6. LIMITATION OF LIABILITY.
YOU AGREE THAT NEITHER WE NOR FINICITY NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR FINICITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (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 SERVICE.
If you have any questions or queries about us, our Site, our Services, our Policy or these Terms, please contact us by email to firstname.lastname@example.org.