CashEdge
Financial Dashboard (sm) Service
Welcome to CashEdge! - the
next generation of on-line personal financial management.
Our unique Financial Dashboard(sm) (the "Service")
enables you to bring together, in one convenient location,
as many of your accounts and financial relationships as you
wish. Your personal Financial Dashboard(sm) shows you up-to-the-minute
balances for all your accounts.
Please take a few minutes to read this User Agreement (referred
to throughout as the "Agreement").
Any reference to CashEdge in this Agreement includes any
directors, officers, employees, contractors, agents or licensees
of CashEdge. As used in this document, the words "you"
and "your" refer to the undersigned's use of the
Service; the words "we" "us" "our"
and any other variation thereof, refer to CashEdge. When
you're ready, click the "I Accept" button to start
enjoying the convenience and financial security of CashEdge!
Acceptance of Terms
When you click on the "I Accept" button, you
agree to accept the terms and conditions (the "Terms")
of this Agreement, including any amendments to the Agreement
or changes in the Terms. If you do not agree to all of the
Terms, click on the "I Decline" button. If you
do not accept and agree to all of the Terms, you will not
be entitled to use the CashEdge Web site, Content, software
and Services. CashEdge reserves the right to change the
Terms under which the Services are offered in its sole discretion
at any time; however, CashEdge will notify you of any material
changes to the Terms. In most cases, you will receive notice
on-line the next time you log in; however, CashEdge reserves
the right to notify you by e-mail or conventional mail,
at its discretion. You agree that if you continue to use
the Services after we notify you of any change, you thereby
accept the changes to the Terms and agree to be bound by
this Agreement, as amended. If you do not accept and agree
to the changes to the Terms, you will not be entitled to
use the Service. You can review, download and print the
most current version of this Agreement at any time by clicking
User Agreement. If you do not agree to the changes, or if
at any time you wish to discontinue your use of the Services,
you can unsubscribe by sending CashEdge a e-mail at [email protected]
or, if you prefer, by sending a registered or certified
letter to CashEdge at CashEdge, Inc., 694 Tasman Drive,
Milpitas, CA 95035. Once your account with CashEdge has
terminated for any reason, you will have no further right
or access to use the CashEdge Service. To use the Service
you must be at least eighteen (18) years old and have an
e-mail address.
Privacy and Security Policy
CashEdge regards your privacy and security with the utmost
importance, and we are absolutely committed to safeguarding
any information that you share with us. In order to provide
the Service, we must obtain from you certain personal information
regarding your accounts and financial relationships. We
collect only such information as you knowingly provide to
us or specifically authorize us to obtain on your behalf.
Our priority is to keep this information secure and to use
it only as you authorize us. We will request personal financial
information from you only at the time you register. This
information is necessary to create your user profile, which
allows you to access our Service. You may access, review
and update your personal and account information at any
time by clicking on Profile.
In order to enable us to provide the Service, we will ask
you to provide information needed to access your Third Party
Accounts. We will use this information only on your behalf
and to carry out your instructions.
All of your personal and financial information will be
placed on a secure portion of our Web site. We do not use
any persistent "cookies" on the browser to store
any personal information. We have multiple levels of security
that have been designed especially for us. For more information,
please see our Security
Policy. A complete statement of our privacy policy can
be found in our Privacy
Policy.
User Content
Subject to CashEdge's Privacy Policy described above, you
agree that CashEdge may use, copy, modify, display and distribute
any information, data, materials or other content (the "Content")
you provide to CashEdge in order to provide the Service,
and you hereby give CashEdge a license to do so. By submitting
Content, you represent that you have the right to license
such Content to CashEdge for the purposes set forth in this
Agreement.
Third Party Accounts
You understand and agree that, in order to provide the Service,
it is necessary for CashEdge to access third party Web sites
and data bases containing information regarding your accounts
and financial relationships as designated by you ("Third
Party Accounts"), on your behalf, to retrieve
information as requested or authorized by you. By using the
Service, you agree to authorize CashEdge to access such Third
Party Accounts to retrieve such Content as requested or authorized
by you, or for any other purpose authorized by this Agreement.
You warrant and represent that the information you are providing
us with is true, correct and complete. You represent and warrant
to us that you have the right to authorize and permit us access
to your Third Party Accounts, you assure us that by disclosing
the information to us and by authorizing us to use such information
to access your Third Party Accounts, you are not violating
any third party rights. You hereby authorize and permit CashEdge
to use Content and other information submitted by you to CashEdge
(such as account passwords and user names) to accomplish these
purposes and to configure the Service to be compatible with
the Third Party Accounts.
For as long as you are using the Service, you give to CashEdge
a limited power of attorney and appoint CashEdge as your true
and lawful attorney-in-fact and agent, with full power of
substitution and resubstitution, for you and in your name,
place and stead, in any and all capacities, to access the
Third Party Accounts, retrieve Content, and use your Content,
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 the Service, as fully
to all intents and purposes as you might or could do in person.
Once CashEdge has actual knowledge that you wish to cease
using the Service as provided in this Agreement or as otherwise
permitted in this Agreement and has a reasonable opportunity
to act on such knowledge, this limited power of attorney is
automatically revoked; provided, however, that any act done
by CashEdge in good faith before it has actual knowledge of
termination by you shall be deemed to be authorized by you.
To notify CashEdge that you wish to discontinue using the
Service, you may send us an e-mail as provided in this Agreement.
You understand and agree that at all times your relationship
with each Third Party Account provider is independent of CashEdge
and your use of the Service. CashEdge will not be responsible
for any acts or omissions by the financial institution or
other provider of any Third Party Account, including without
limitation any modification, interruption or discontinuance
of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN CASHEDGE IS ACCESSING
AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS,
CASHEDGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF
OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT CASHEDGE,
ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON
THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY
GRANTED BY YOU.
YOU AGREE THAT CASHEDGE SHALL NOT BE LIABLE FOR ANY COSTS,
FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT
OF (1) CASHEDGE'S ACCESS TO THE THIRD PARTY ACCOUNTS; (2)
CASHEDGE'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION
FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS
OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE
THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE
PROVIDER OF ANY THIRD PARTY ACCOUNT.
Securities Quotations and Foreign
Exchange Rates
In order to update the value of your assets as shown on
your Financial Dashboard(sm), CashEdge will access a reputable
third-party provider of quotations for stocks, mutual funds
and other securities. Any such price quotations made available
to you when you use the Service may be delayed 20 minutes
or longer, according to the policies of the provider of
the quotations or the rules and regulations applicable to
exchanges and information providers. CASHEDGE MAKES NO REPRESENTATIONS,
WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS
OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES CASHEDGE MAKE
ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO
THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE,
TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY
OR ANY OTHER INVESTMENT. You understand that CashEdge is
not a broker or dealer in securities, and is not an investment
or financial advisor. You are solely responsible for your
investment research. Prior to undertaking any securities
transaction, you should consult a broker or other financial
advisor with respect to the price, suitability, value or
other aspects of any stock, mutual fund, security or other
investment.
The Foreign Exchange rates used in currency calculations
are currently provided by xe.com
to CashEdge. The Foreign Exchange rates are not real time.
Neither CashEdge nor xe.com is responsible for the accuracy
of the rates provided or for any actions taken in reliance
thereon.
Password
To enable you, and only you, to access your Financial Dashboard(sm)
and use the Service, you will be asked to choose a Password
when you register with us. You will then create a CashEdge
account and will be given a customer number. You are responsible
for maintaining the confidentiality of your customer number
and Password. You are responsible for all uses of your account,
whether or not actually or expressly authorized by you.
Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT
NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at
CashEdge will know or will need to know your Password, and
CashEdge employees will never ask you for your Password.
Electronic Communications
The CashEdge Service is an electronic, Internet based-service.
Therefore, you understand and agree that this Agreement will
be entered into electronically, and that the following categories
of information ("Communications")
may be provided by electronic means:
- This Agreement and any amendments, modifications or
supplements to it.
- Any initial, periodic or other disclosures or notices
provided in connection with the Service, including without
limitation those required by federal or state law.
- Any customer service communications, including without
limitation communications with respect to claims of error
or unauthorized use of the Service.
- Any other communication related to the Service.
Although CashEdge reserves the right to provide Communications
in paper format at any time, you agree that we are under
no obligation to do so. All Communications in either
electronic or paper format will be considered to be
"in writing." You should print a paper copy
of this Agreement and any electronic Communication that
is important to you and retain the copy for your records.
If you do not wish to receive this Agreement or the
Communications electronically, you may not use the Service.
You agree to promptly update your registration records if
your e-mail address or other information changes. You may
update your records, such as your e-mail address, by using
the Personal Profile page.
Communications may be posted on the pages of the Service website
and/or delivered to the e-mail address you provide. All electronic
Communications sent by e-mail will be deemed to have been
received by you when CashEdge sends it to you, whether or
not you received the e-mail. If the Communications is posted
on the Service, then it will be deemed to have been received
by you no later than five (5) business days after CashEdge
posts the Communication on the pages of the Service, whether
or not you retrieved the Communication. An electronic Communication
by e-mail is considered to be sent at the time that it is
directed by CashEdge's e-mail server to the appropriate e-mail
address. An electronic Communication by posting to the pages
of the Service is considered to be sent at the time it is
publicly available. You agree that these are reasonable procedures
for sending and receiving electronic Communications.
Hardware and Software Requirements.
In order to access and retain Communications, you must
have:
- An Internet browser that supports 128-bit encryption,
such as Netscape Navigator version 4.7 or above or Internet
Explorer version 5.0 or above.
- An e-mail account and e-mail software capable of reading
and responding to your e-mail.
- A personal computer, operating system and telecommunications
connections to the Internet capable of supporting the
foregoing.
- Sufficient electronic storage capacity on your computer's
hard drive or other data storage unit or a printer that
is capable of printing from your browser and e-mail software
Proprietary Rights
You acknowledge and agree that CashEdge owns all rights
in and to the Service. You are permitted to use the Service
only as expressly authorized by this Agreement. You may
not copy, reproduce, distribute, or create derivative works,
reverse engineer or reverse compile any of CashEdge's Service
or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to CashEdge
that you will not use the Service for any purpose that is
unlawful or is not permitted, expressly or implicitly, by
the terms of this Agreement or by any applicable law or
regulation. You further warrant and represent that you will
not use the Service in any manner that could damage, disable,
overburden, or impair the Service or interfere with any
other party's use and enjoyment of the Service. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided
for through the Service. You agree that these warranties
and representations will remain in full force and effect
even if this Agreement terminates for any reason.
Service Changes and Discontinuation
CashEdge may modify or discontinue the Service or your
account with CashEdge, with or without notice, without liability
to you, any other user or any third party. CashEdge reserves
the right to terminate your account at any time and for
any reason, including without limitation if CashEdge, in
its sole judgment, believes you have engaged in conduct
or activities that violate any of the Terms or the rights
of CashEdge, or if you provide CashEdge with false or misleading
registration information or interfere with other users or
the administration of the Service.
You may terminate your account with CashEdge at any time
by sending us an e-mail at [email protected]
or, if you prefer, by sending a registered or certified
letter to CashEdge at CashEdge, Inc., 694 Tasman Drive,
Milpitas, CA 95035. Once your account with CashEdge has
terminated for any reason, you will have no further right
or access to use the Service, and CashEdge will not access
your Third Party Accounts thereafter for any reason.
Links To Third Party Sites
The CashEdge Web site may contain links to other Web sites
("Linked Sites").
Such links are provided solely as a convenience for you.
While CashEdge will attempt to select and provide links
to Linked Sites that it believes may be of interest to its
customers, CashEdge does not screen, approve, review or
otherwise endorse any content or information contained in
any Linked Sites. You acknowledge and agree that CashEdge,
its affiliates and partners are not responsible for the
contents of any Linked Sites, including the accuracy or
availability of information provided by Linked Sites, and
makes no representations or warranties regarding the Linked
Sites or your use of them.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT CASHEDGE'S SERVICE ARE PROVIDED
"AS-IS." CASHEDGE ASSUMES NO RESPONSIBILITY FOR
THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE
ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU
UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE ARE
AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE CASHEDGE WEB SITE,
CASHEDGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND
IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE,
THE ACCURACY OF ANY INFORMATION RETRIEVED BY CASHEDGE FROM
THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY
USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE.
CASHEDGE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING
FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY
INACCURACY OF ANY INFORMATION RETRIEVED BY CASHEDGE FROM
THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED
BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON
THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION
OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF CASHEDGE HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless CashEdge,
its affiliates, partners, officers, directors, employees,
consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited
to, attorneys fees) arising from your use of the Service,
CashEdge's reliance on the information, instruction, license
and/or authorization provided by you under or pursuant to
this Agreement, your violation of the Terms or your infringement,
or infringement by any other user of your account, of any
intellectual property or other right of any person or entity.
Miscellaneous
You understand and agree that CashEdge is not a bank, a
broker-dealer firm, or any other kind of financial institution.
You represent and warrant that you are who you claim to
be; that you are the rightful owner of all Content and the
Third Party Accounts linked to your Financial Dashboard(sm);
and that you may rightfully authorize CashEdge to access
the Third Party Accounts. You understand that CashEdge is
not responsible or liable if your financial institution's
or any other provider of Third Party Accounts system "goes
down" or if they have any system failures and we are
unable to retrieve information on your behalf.
You agree that our rights and remedies arising out of any
breach of your representations and warranties in this Agreement,
the limitations on our liability and our rights to indemnification
under this Agreement are continuing and shall survive the
termination of this Agreement, notwithstanding the lack
of any specific reference to such survivability in these
provisions. CashEdge's failure to enforce the strict performance
of any provision of this Agreement will not constitute a
waiver of CashEdge's right to subsequently enforce such
provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears
on our Web site, including any amendments that we may make
from time to time, constitutes the entire agreement between
us, and supersedes and replaces all other agreements or
understandings, whether written or oral, regarding the Service.
This Agreement may be amended, or any of CashEdge's rights
waived, only if CashEdge agrees in writing to such changes,
or you continue using the Service following receipt of notice
of any changes proposed by CashEdge. All notices to you
shall be in writing and shall be made either via e-mail,
conventional mail or messages delivered through the Service,
at CashEdge's discretion. All notices to CashEdge must be
made in writing and sent to CashEdge at CashEdge, Inc.,
694 Tasman Drive, Milpitas, CA 95035, via registered or
certified mail. This Agreement is personal to you and you
may not assign it to anyone.
If either of us has any dispute or disagreement with the
other regarding this Agreement that we cannot resolve amicably,
both parties agree that the sole and exclusive remedy shall
be binding arbitration in accordance with the then-current
rules and procedures of the American Arbitration Association.
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect
to its conflict of laws provisions or your actual state
or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms
to be unenforceable, the remainder of the Terms will continue
in full force and effect.
This Agreement shall take effect immediately upon acceptance
of your completed registration by CashEdge.
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