This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.moneystream.com (the "Site"). The Site is owned and operated by MoneyStream, Inc., a California corporation ("MoneyStream"). By using the Site, you agree to be bound by the terms and conditions of this Agreement, as it may be amended from time to time in the future (see "Modifications" below).
By using the information, tools, features and functionality located on the Site (collectively, the "Services"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the moneystream.com website) or you are a "Member" (which means that you have registered with MoneyStream). The term "you" or "User" refers to a Visitor or a Member. The terms "we," "us" or "our" refers to MoneyStream and any affiliate, subsidiary, agent, independent contractor, designee or assignee we may, in our sole discretion, involve in the provision of the Services.
If you wish to become a Member, and make use of the Services, you must read this Agreement and indicate your acceptance during the registration and subscription process.
In order to use the Services, (i) you must be an individual person at least 18 years of age or a business entity in good standing, and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid Funding Account (defined below) with a U.S. financial institution, and (iv) you must be a United States resident. Other restrictions may apply.
Before you continue, you should print or save a local copy of this Agreement for your records
The Services include:
The particular features and functions of the Services are described in the Site. MoneyStream may modify, add, or remove features or functions to or from the Services at any time, for any reason.
The Services are not intended to provide legal, tax or financial advice (see Not a Financial Planner, Broker or Tax Advisor, below).
By accessing and using the Services, you expressly authorize and direct MoneyStream, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions and vendors with which you have a legally binding customer relationship, including account access information (number(s), password(s), security question(s) and answer(s), account number(s), login information, any other security or access information), and the actual data in your account(s) (such as transactions, balances, credit card charges, debits and deposits, investment holdings and positions) (collectively, "Account Information"). When you use the auto-login feature of the Services, you will be directly connected to your third-party financial institutions' website(s).
MoneyStream will submit your information, including usernames and passwords, to log into your accounts with your financial institutions (each a "Financial Institution") and your vendors, download your Account Information, and use the Financial Institution services to pay bills and transfer funds (collectively, the "Third Party Services"). You acknowledge and agree that MoneyStream has no control over the provision of the Third Party Services, features which may vary by Financial Institution, does not guarantee that you will be able to use the Third Party Services, and will have no liability whatsoever for any actions or inactions on the part of the Financial Institution resulting in your inability to use the Third Party Services.
You authorize MoneyStream, in conjunction with its operation of the Services, to (i) collect and store your Account Information (ii) reformat and manipulate your Account Information, (iii) create and provide hypertext links to your Financial Institutions, (iv) access the Financial Institutions' websites using your Account Information, (v) update and maintain your Account Information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii).
You acknowledge and agree that (i) some Financial Institutions may not allow the Service to access their Third Party Services, (ii) Financial Institutions may make changes to their websites, with or without notice to us, and (iii) although the Services will attempt to "refresh" the Account Information when you log into your account, your Financial Institution may not be accessible at that time, or provide up to date information, 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 Account Information, 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 Account Information is correct by following the link back to the applicable financial institution or otherwise confirm that the Account Information is up to date and accurate.
For purposes of this Agreement and solely to for purposes of providing the Services, you grant MoneyStream a limited power of attorney, and appoint MoneyStream as your 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, servers or documents, retrieve information and use your information 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 could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MONEYSTREAM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, MONEYSTREAM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand that the Services are not endorsed or sponsored by any third party account providers accessible through the Services.
MoneyStream makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. MoneyStream is not responsible for the Third Party Services.
MoneyStream cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. MoneyStream cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
The fees applicable to the Services are available at www.moneystream.com. MoneyStream reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) prior notice to you, which will be sent by email to the address you provided to MoneyStream. Such charges shall be made in advance, either annually or in accordance with any different billing frequency applicable to your particular Service subscription. Your payments will be made by the method specified in your registration process (e.g. credit card).
If, for any reason, payment is not received within thirty (30) days of the date due, your account will be temporarily suspended until all outstanding payments have been received by MoneyStream. MoneyStream will remind you of the suspended state of your account every seven (7) days. Seven (7) days before the termination date, MoneyStream will send a FINAL REMINDER to you that your suspended account will be terminated if you do not settle your outstanding balance.
It is solely your responsibility to settle the outstanding balances of your account in a timely manner. If payment is not made within ninety (90) days, your account will be terminated.
Some parts of the Services are or may be supported in the future by sponsored links, advertising, or marketing partnership relationships, and the Services may display MoneyStream Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We will always disclose when a particular MoneyStream Offer is sponsored.
In connection with MoneyStream Offers, the Services will provide links to other web sites belonging to MoneyStream advertisers and other third parties. MoneyStream does not endorse, warrant or guarantee the products or services available through the MoneyStream Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and MoneyStream is not an agent or broker or otherwise responsible for the activities or policies of those web sites. MoneyStream does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on MoneyStream are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
"Biller" means a provider of a billing statement that you have requested to receive electronically through the Service.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Delivery Date" is the Business Day you want your Payee to receive your bill payment and is also the day your Funding Account will be debited. It may be referred to in the Services as the "Due By" or "Deliver By" date. You determine this date, based upon the Due Date.
"Direct Check" demand draft you authorize us to create on your behalf based on your Payment Instruction, payable from your Funding Account.
"Due Date" is the date on which the payment is due, as reflected on your Payee bill or statement. It is not the late date or grace period date.
"Funding Account" is a U.S. based account with check writing privileges and/or credit card account with a U.S. based financial institutions, that you designate as the account(s) to which your bill payments should be charged.
"Payee" is the person or entity to which you wish a bill payment to be directed.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Delivery Date).
"Providers" means any third party we use to provide the Service for you.
"Pending Payment" is a payment that has been scheduled through the Service but has not begun processing.
You authorize MoneyStream to follow the Payment Instructions that it receives through the Services. In order to process payments more efficiently and effectively, MoneyStream may edit or alter payment data or data formats in accordance with Payee directives. You acknowledge and agree that, as one of the possible payment methods used by the Service, MoneyStream may utilize, on your behalf, your financial institution's own bill payment service, and you will be responsible for your financial institution's fees, and terms and conditions, for this service.
MoneyStream needs time to facilitate your payments... The time it takes will depend on your chosen payment method, the requirements of your financial institution, and the requirements of each payee. It is your responsibility to request a payment enough in advance of due dates to allow a payment to be made. MoneyStream will use its best efforts to deliver payment instructions as requested but cannot be held liable when there is insufficient time.
MoneyStream reserves the right to change the address of a Payee to whom we send Payments, without notification, if: (i) the information returned by our address clearing process determines the format of the address does not comply with the United States Postal Service ("USPS") standards; (ii) we have determined that the address provided is not a valid address for the Payee; (iii) the Payee has closed the address, and provided us (via the USPS) with the new address; or (iv) we have established a relationship with the Payee to send payments to a different address than the one provided on the statement. In all cases, we attempt to act in a way to expedite the proper posting of your payment.
We will make payments for you using the method that you direct (for example, your financial institution's bill pay service, your credit card account, ACH transfer, or by Direct Check drawn on your Funding Account). If you have not specified a form of payment in your Payment Instructions, the Service may use any of the available methods of payment.
You may cancel or edit any Pending Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Pending Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
MoneyStream's ability to process a stop payment request will depend on the payment method used, the requirements of your financial institution's bill pay system or MoneyStream's Provider (as the case may be), or whether or not a check has cleared. Stop payment requests cannot be processed for electronic payments once they have been initiated. MoneyStream may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact MoneyStream. Although MoneyStream will make every effort to accommodate your request, MoneyStream will have no liability for failing to do so. MoneyStream may also require you to present your request in writing within fourteen (14) days.
Payments to Payees outside of the United States or its territories are prohibited through the Service. Additionally, payments are prohibited if your address on file is a foreign address (outside of the United States or its territories). MoneyStream will not research or resolve any claim resulting from a prohibited payment made using the Service.
MoneyStream reserves the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement.
We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.
In using the Service, you are requesting MoneyStream and its Providers to make payments for you from your Funding Account. If we are unable to complete the transaction for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction, or your Funding Account is closed), the transaction may not be completed. In some instances, you will receive a returned transaction notice from MoneyStream. You may incur third party charges as a result of a failed or returned funding transaction.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
MoneyStream may update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller, at your request. It is your responsibility to maintain all usernames and passwords for all electronic Biller sites.
Upon activation of the electronic bill feature MoneyStream may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Your activation of the electronic bill feature for a Biller shall be deemed by MoneyStream and its Providers to be your authorization for us to periodically obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to periodically obtain your bill data from the Biller.
MoneyStream will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, MoneyStream may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. MoneyStream will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. MoneyStream will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
You agree to hold MoneyStream harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
MoneyStream is not responsible for the accuracy of your electronic bill(s). MoneyStream is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
After you have successfully completed and submitted the registration and subscription form for the Service, you will be notified of the Service availability or granted immediate access to the Service. Access to the Service is only available through the Site, using your access credentials (usually consisting of a login ID and password).
Your access credentials are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your online banking credentials. You agree not to disclose or otherwise make your online banking credentials available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your access credentials, you understand that person may use the Service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access credentials and you agree that the use of your access credentials will have the same effect as your signature authorizing transactions.
If you authorize anyone to use your access credentials in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying MoneyStream and changing your access credentials immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access credentials are changed. If you fail to maintain or change the security of these access credentials and MoneyStream suffers a loss, we may terminate your electronic funds transfer and account services immediately. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Service account, you agree to notify MoneyStream immediately at the email address: email@example.com.
Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use MoneyStream for lawful purposes.
Accurate records enable MoneyStream to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services to you will be affected.
Your access and use of the Site and Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of MoneyStream or other actions that MoneyStream, in its sole discretion, may elect to take.
MoneyStream may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your MoneyStream account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. MoneyStream may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for MoneyStream. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your MoneyStream Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
If you subscribe for Services involving efforts to reduce or obtain the refund of late charges (or similar vendor or financial institution charges assessed against you), MoneyStream may submit and administer on your behalf claims or requests for such adjustments ("Fee Adjustment Requests") with such vendors or financial institutions (each, a "Provider"), as applicable, and manage such Fee Adjustment Requests to resolution. Accordingly, you hereby grant MoneyStream a limited power of attorney, and appoint MoneyStream as your 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, for the purpose of submitting and administering such Fee Adjustment Requests, and you authorize MoneyStream to (1) initiate discussions with the Providers with respect to Fee Adjustment Requests, (2) receive notifications and conduct discussions on your behalf, (3) resolve or settle any Fee Adjustment Claims submitted on your behalf, and (4) authorize and direct other officers of, and/or counsel to MoneyStream , to do any of the foregoing acts.
The contents of MoneyStream, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of MoneyStream belong or are licensed to MoneyStream or its software or content suppliers. MoneyStream grants you the right to view and use MoneyStream subject to these terms. You may download or print a copy of information provided on MoneyStream for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from MoneyStream in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Login or passwords; (ii) use the Services or any of your accounts for illegal purposes, (iii) use our Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of the Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Services, including but not limited to any software applications, Java applets or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) transfer or resell our Services.
MONEYSTREAM AND ITS AFFILIATES, LICENSORS AND AGENTS REPRESENTS THAT THE MONEYSTREAM SERVICES AND THE SITE ARE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. MONEYSTREAM, AND ITS AFFILIATES, LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SERVICE AND/OR THE SITE. WITH RESPECT TO THE MONEYSTREAM SERVICES AND THE SITE, AND ALL CONTENT, DATA AND INFORMATION IN RELATION THERETO, MONEYSTREAM AND ITS AFFILIATES, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONEYSTREAM AND ITS AFFILIATES, LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF MONEYSTREAM'S OR ITS LICENSORS' OR AGENTS' REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE. NOR CAN MONEYSTREAM OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER MONEYSTREAM NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE OR SITE.
NEITHER MONEYSTREAM NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. MONEYSTREAM IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization, decision-making and bill payment, and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. MoneyStream does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that MoneyStream shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF MONEYSTREAM, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID IN FEES UNDER THIS AGREEMENT IN THE PREVIOUS TWELVE (12) MONTHS. MONEYSTREAM AND ITS AFFILIATES, LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MONEYSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE SITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVENT IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless MoneyStream and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Services or any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or MoneyStream as set out below. If you want to terminate your legal agreement with MoneyStream, you may do so by closing your account for the Service. Please send email to firstname.lastname@example.org. After confirming you are the account owner, our team will work with you to transition any bill payments in progress. We will only continue to retain such information is we are required by law to retain.
We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion.
MoneyStream may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
This Agreement, and your relationship with MoneyStream under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with MoneyStream, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case MoneyStream may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, MoneyStream is able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with MoneyStream, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND 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 ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if MoneyStream does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MoneyStream has the benefit of under any applicable law), this will not be taken to be a formal waiver of MoneyStream's rights and that those rights or remedies will still be available to MoneyStream.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and MoneyStream regarding the subject matter of the same, and supersedes all other previous agreements.
We have the right to assign or transfer this Agreement, in whole or in part, to any other entity without your consent, at any time during the term of this Agreement. You will be notified of any such assignment or transfer. You have no right to assign or transfer this Agreement or your rights or obligations hereunder.
The provisions of this Agreement that are intended to survive termination or expiration of this Agreement in order to achieve the fundamental purposes of this Agreement shall so survive, including, without limitation, the provisions regarding confidentiality, disclaimer of warranties, and limitation of liability.
You hereby agree to the use of electronic communication in order to enter into agreements and initiate Service instructions and orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
MoneyStream shall not be held responsible for any delay or failure in performance hereunder caused in whole or in part by fire, flood, wind, storm, lightening, or similar act of God, or by embargo, acts of sabotage, terrorism, riot or civil unrest, internet outages, or mandatory compliance with any governmental act, regulation or request.