Disputes arising between you and Yodlee will be resolved by binding arbitration. To the fullest extent permitted under applicable law, BY ACCEPTING THESE TERMS, YOU AND YODLEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Please review Section IV.F for more detail regarding your agreement to arbitrate any disputes with Yodlee arising under these Terms.
YOU SHOULD ALSO REVIEW OUR PRIVACY NOTICE [https://www.yodlee.com/legal/privacy-notice/] TO UNDERSTAND HOW WE USE YOUR DATA AND DATA THAT WE COLLECT.
I. REGISTRATION FOR YODLEE Money
A. Acceptance of Terms.
By completing the Yodlee registration process and clicking the Agree button, you acknowledge and agree to these Terms. If you do not agree to all of these Terms, do not complete registration or click the Agree button. If you do not accept these Terms, you will not be entitled to use the Yodlee Money ServiceB. Changes to Terms.
Yodlee reserves the right at our discretion to make changes to these Terms. Upon any change, Yodlee will post the new or different Terms on our website under Terms and Conditions. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications and any links and/or postings constitute notice to you of any new or different Terms. Your continued use of the Yodlee Money Service constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you have the right to discontinue your use of the Yodlee Money Service or cancel your registration as provided below. If the changes are material, we may require that you re-assent to the revised Terms as a condition of your continued use.C. Third Party Service Terms.
We may provide tools through the Service that enable you to import or export information to and from third party services, including through features that allow you to link your account on the Service with an account on the third party service. By using one of these tools, you represent, warrant, and agree that such transfers are permitted under applicable law, and that you are authorized to, and that we may on your behalf, transfer that information to or from the applicable third-party service, as applicable. Third party services are not under our control, and we are not responsible for any third party service’s use of exported information. When using or accessing services offered through third party service providers, you will be subject to terms and privacy policies posted by those service providers.D. Authorized Use.
In order to register or use Yodlee Money Service, you must be at least 18 years old, a United States resident and legally capable of entering into binding contracts. You may only use Yodlee Money Service for personal or individual use. You may not use the Yodlee Money Service for commercial purposes and may not resell or otherwise provide other persons with access to the Yodlee Money Service using your password or user name. The terms “you” and “user” refer to the person that registers for the Yodlee Money Service.E. Limited License.
Subject to your ongoing compliance with the Terms, Yodlee grants you: (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install the software application(s) associated with the Service, and to use such software applications so installed, solely in object code format or otherwise as generally provided by Yodlee to its customers, and solely for your personal use for lawful purposes, on devices that you own or control, and (ii) permission to access and use the Service for such personal use. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.F. Payment.
The Yodlee Money Service tools and services are currently free of charge. Yodlee reserves the right to charge fees for these services at any time.G. Service Limitations.
Yodlee is unable to foresee or anticipate all technical or other difficulties with the Money . The Yodlee Money Service may contain errors, bugs, or other problems from time to time. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Yodlee Money Service and all information and materials available through the Service are provided “AS-IS”, and without warranties of any kind, whether express, implied, statutory, or otherwise. Yodlee cannot assume responsibility for the accuracy, timeliness, deletion, mis-delivery, disclosure, or failure to securely store any user data, communications, or personalization settings.H. Service Changes and Discontinuation.
Yodlee reserves the right to change or discontinue, temporarily or permanently, the Yodlee Money Service at any time without notice. You agree that Yodlee will not be liable to you or any third party for any modification or discontinuance of the Yodlee Money Service. Although Yodlee has released new versions of the Yodlee Money Service from time to time in the past, it is under no obligation to continue to release new versions of the Service. Yodlee reserves the right to alter features, licensing terms, or other characteristics of any version of the Service and any other products or services that it releases.I. Cancellation.
You may cancel your Yodlee user registration at any time by sending a request for cancellation to firstname.lastname@example.org. Upon confirmation of your request, your Yodlee Money Service account will be cancelled.
- Provide Accurate Information. You agree to provide and enter true, accurate, current, and complete information about yourself and your accounts maintained at other web sites as requested in Yodlee’s registration form and account setup process, and you agree to not misrepresent your identity or your account registration information. You agree to keep your registration and account information up to date and accurate. Failure to provide accurate and complete information during registration may prohibit the use of the Yodlee Money Service. You also certify that any account you register with the Yodlee Money Service is issued in your name and is an account that you are authorized to use. This registration information may include your passwords and user names for the third party web sites, such as your banks, or credit card services. Yodlee (including its service providers and agents) will have access to this information and use this information for providing the Yodlee Money Service and accessing other web sites on your behalf.
- Guard Your Password. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify Yodlee customer care immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s password at any time. This also applies to any passwords required for use of other services provided by Yodlee partners.
- Customer Service Requests. If you request customer service assistance or report a problem with the Money Service, it may be necessary for Yodlee to access your account and view your Money Service account information.
- Share Your Accounts Responsibly. The Yodlee Money Service allows you to share your personal accounts with other users. It is your responsibility to choose with whom you will share your personal accounts and to set your permissions for each individual designated recipient carefully. Depending on the permissions you set, that designated recipient will be able to see your account information, including individual transactions, and be able to control your personal accounts to the same extent as you can control them through the Yodlee Money Service.
- Obey the Law. You agree not to use the Yodlee Money Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others) invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others.
- Proprietary Rights. You acknowledge and agree that Yodlee or its licensors or suppliers own all rights to the Yodlee Money Service, the content displayed on the site (other than content you provide as described below) and any technology (in any form) made available to you as a part of or in conjunction with the Yodlee Money Service or used to provide the Yodlee Money Service, including all intellectual and proprietary rights in and to such content and technology. You are only permitted to use any the foregoing as expressly authorized by these Terms or instructions for use of the Yodlee Money Service. You may not copy, reproduce, distribute, or create derivative works from any such content or technology. Further, you agree not to reverse engineer or reverse compile any technology associated with the Yodlee Money Service, including but not limited to, any software applications or Java applets associated with the Yodlee Money Service or any other Yodlee service.
- Content You Provide. Subject to Yodlee’s Privacy Notice https://www.yodlee.com/legal/privacy-notice/ (the “Privacy Notice”), you are licensing to Yodlee any information, data, passwords, materials, or other content that you provide to Yodlee and the Yodlee Money Service or that is retrieved from third party sites at your request. Yodlee may use, modify, display, distribute and create new material using your content to provide the Yodlee Money Service to you and as otherwise described in the Privacy Notice. You represent, warrant, and agree that the owner of any content you provide to Yodlee through the Service has expressly agreed that, without limitation, and without the payment of any fees, Yodlee may use your content for the purposes set out above. In addition, Yodlee welcomes your feedback as a user of this service. Any feedback you provide will be deemed to be the confidential and proprietary information of Yodlee, and you hereby grant to Yodlee a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use all comments, suggestions, complaints, and other feedback you provide for any purpose, including but not limited to, incorporation of such feedback into Yodlee’s website, social media, software and services without limitation.
- Yodlee Revenues and Advertising. Yodlee may rely on advertisers to help fund the Yodlee Money Service that we offer to our users. You agree that Yodlee may display advertisements and promotions of all kinds in the Yodlee Money Service. You understand that Yodlee may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties, and that Yodlee will not share any such revenue with you.
- Customer Service Efforts. If you request customer service or other assistance from Yodlee, you acknowledge and agree that Yodlee is authorized to access and view your Money pages and any information associated with your account on the Service to provide such assistance and support.
- The Yodlee Money Service may be available through a compatible mobile device, including tablets and smart phones. Your use of the Yodlee Money Service may be become subject to charges by your wireless carrier. Yodlee assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. You agree that you are solely responsible for these charges as well as any software requirements or updates required to access or use the Yodlee Money Service. YODLEE SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES OR REPRESENTATIONS IN RELATION TO (a) AVAILABILITY OF YOUR WIRELESS SERVICE FROM YOUR WIRELESS CARRIER, UNINTERRUPTED ACCESS TO THE SERVICE, OR TRANSMISSION OF DATA OR COMMUNICATIONS IN CONNECTION WITH THE SERVICE, AND (b) ANY LOSS OR OTHER SECURITY BREACH ASSOCIATED WITH THE WIRELESSS SERVICE.
By using the Yodlee Money Service, you authorize Yodlee to access third party sites designated by you, on your behalf, to retrieve data and information requested by you. You hereby authorize and permit Yodlee to use information submitted by you to the Yodlee Money Service (such as account passwords and user names) to accomplish the foregoing and to configure the Yodlee Money Service so that it is compatible with the third party sites for which you submit your information. For the foregoing purposes, you hereby grant Yodlee a limited power of attorney, and you hereby appoint Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite 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. YOU ACKNOWLEDGE AND AGREE THAT WHEN YODLEE IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, YODLEE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR OTHERWISE ON BEHALF OF THE THIRD PARTY. You agree that Yodlee’s third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
Except for the limited technology integration relationships described above, you understand that Yodlee has no relationship to, affiliation, or connection with any third party sites available for use with the Yodlee Money Service. The Yodlee Money Service is not endorsed or sponsored by any such account providers. You agree that Yodlee assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site. You acknowledge and agree that Yodlee may not maintain the same level of security against unauthorized access to your account information as the third party sites that you authorize Yodlee to retrieve information from on your behalf.
- The retail and small business categorization in the Yodlee Money Service is an estimated categorization provided for your information only, and does not indicate accurate status of any transaction, account or other information. You agree that you will not rely on the categories provided in the Yodlee Money Service or set by you for any purpose, including without limitation, for tax deductions.
- “AS IS”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE YODLEE Money SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES, CONTENT AND TECHNOLOGY (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE YODLEE Money SERVICE IS AT YOUR SOLE RISK. THE YODLEE Money IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YODLEE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE YODLEE Money AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE YODLEE Money , WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YODLEE IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA OR INFORMATION FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY YODLEE OR ANY THIRD PARTY.
- TRANSLATIONS. THE OFFICIAL LANGUAGE OF THE YODLEE Money SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF THE YODLEE Money SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. YODLEE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE ANY TRANSLATION PAGES.
- CATEGORIZATIONS. CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN YODLEE Money IS AN ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND YODLEE DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION
- NO WARRANTIES. YODLEE AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE YODLEE Money SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE YODLEE Money WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YODLEE Money WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YODLEE Money WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YODLEE Money 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YODLEE OR THROUGH OR FROM YODLEE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- THIS SECTION CONTROLS. THIS TO THE EXTENT THAT ANY PART OF THIS SECTION III(A)(1) IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
- DAMAGES. YOU AGREE THAT NEITHER YODLEE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, 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, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE YODLEE Money SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM YODLEE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE YODLEE Money SERVICE; (V) 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 (VI) ANY OTHER MATTER RELATING TO THE YODLEE Money SERVICE.
- LIABILITY CAP. IN ANY EVENT, YODLEE’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE YODLEE Money SERVICE WILL NOT EXCEED $1,000.00 EXCEPT TO THE EXTENT SET FORTH IN SECTION IV(E) BELOW.
- LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to protect, indemnify, and fully compensate Yodlee and its affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the Yodlee Money Service, your sharing of your account information, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property, proprietary or other rights of anyone.
- Electronic Communications.
These Terms and any notices or other communications regarding the Yodlee Money Service may be provided to you electronically, and you agree to receive communications from Yodlee in electronic form, which may take the form of e-mail, text messages, or other mobile & electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on Yodlee Money Service web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying Yodlee of your decision to do so. If you revoke your consent to receive communications electronically, Yodlee may terminate your right to use the Yodlee Money Service. It is your responsibility to provide Yodlee with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. Yodlee shall treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. Yodlee reserves the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
You may not assign these Terms to any other party, by operation of law or otherwise. Yodlee may assign these Terms to any affiliated company or to any entity that succeeds to all or substantially all of its business or assets related to the Yodlee Money Service. Yodlee may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
- No Waiver.
Yodlee shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Yodlee. No delay or omission on the part of Yodlee in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- Exclusive Agreement.
You agree that these Terms are the complete and exclusive statement of the agreement between you and Yodlee with respect to the Yodlee Money Service, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and Yodlee relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and Yodlee.
- Choice of Law.
The laws of the State of California govern the interpretation and performance of these Terms, without regard to any conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Yodlee agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Service from our offices in the United States, and we make no representation that information or materials included in the Service are appropriate or available for use in other locations.
- Dispute Resolution and Arbitration.
- Generally. In the interest of resolving disputes between you and Yodlee in the most expedient and cost effective manner, you and Yodlee agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YODLEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section IV(F)(1), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Yodlee will be settled under the Federal Arbitration Act, and governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Yodlee.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Yodlee’s address for Notice is: Yodlee, Inc., 3600 Bridge Parkway, Suite 200, Redwood city, CA 94065. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Yodlee may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Yodlee must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Yodlee will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Yodlee in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with these Terms, Yodlee will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the Northern District of, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Yodlee for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND YODLEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Yodlee agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Yodlee makes any future change to this arbitration provision, other than a change to Yodlee’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Yodlee’s address for Notice, in which case your account with Yodlee will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section IV(F)(6) is found to be unenforceable or if the entirety of this Section IV(F) is found to be unenforceable, then the entirety of this Section IV(F) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section IV(E) will govern any action arising out of or related to these Terms.
II. USE OF YODLEE Money
A. Rules of the Road.
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call “Rules of the Road”. You hereby agree to these rules, and any conduct that violates the Rules of the Road is a material breach of these Terms and grounds for termination of your Yodlee Money Service account.
B. Rights You Grant to Yodlee
C. Mobile Devices.
D. Third Party Accounts.
E. Categorization of Transactions, Accounts or Other Information.
III. DISCLAIMERS, LIMITATIONS AND INDEMNIFICATION
A. Disclaimer of Warranties
B. Limitations of Liability.
IV. GENERAL TERMS
G. Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Yodlee Money Service.
H. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
I. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
J. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of software made available under these Terms (an “App”) that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Yodlee at email@example.com. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Yodlee’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.