Financial Dashboard (sm) Service
Welcome to Account Aggregation! – the next generation
of on-line personal finance 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 Account Aggregation!
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 using the “Unsubscribe From
Service Feature” which can be accessed from the Profile
Tab. Alternatively, if you prefer, you can Unsubscribe by
sending a registered or certified letter to <<Client_FI_Name>>
at <<Client_FI_Address>>. 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. 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. You may terminate
your account with CashEdge at any time by using the “Unsubscribe
From Service Feature” which can be accessed from the
Profile Tab. Alternatively, if you prefer, you can Unsubscribe
by sending a registered or certified letter to <<Client_FI_Name>>
at <<Client_FI_Address>>.
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), we will access your Third-Party
Account. 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.
Alert Service
The CashEdge alerts service enables you to receive a notice
via email or other devices concerning available information
in your Third Party Accounts. You can set alerts for each
of your Third Party Accounts registered on the CashEdge
Financial Dashboard. You are responsible for determining
the criteria that governs the alert and CashEdge will send
an alert to you based upon the instructions you provide
to us. Your instructions are neither reviewed nor verified
by CashEdge prior to or following activation of any alert.
At any point, you can enable or disable an alert, or delete
the alert altogether.
You understand and accept that an alert is transmitted electronically
and you acknowledge that you have no expectation of privacy
with respect to such information. You acknowledge that the
information in the alert is unencrypted and can be accessed,
used, or misappropriated by unintended third-party recipients.
CashEdge is not responsible for any unauthorized use or
misappropriation of any and all information transmitted
through the alert. CashEdge does not guarantee the delivery
or the accuracy of the contents of each alert. You acknowledge
and agree that delivery of an alert may be delayed or prevented
by factor(s) outside our control and we shall not be liable
for any losses or missed opportunities incurred by you due
to the delayed, non-delivery or misdirected delivery of
an alert.
CashEdge provides this service as a convenience to you for
information purposes only. CashEdge reserves the right to
terminate its alert service or begin charging a fee for
such service at any time without prior notice to you. CashEdge
shall not be liable for any direct, indirect, special, incidental,
or consequential damages caused by (a) non-delivery, delayed
delivery, or the misdirected delivery of an alert; (b) inaccurate
or incomplete information in an alert; or (c) your reliance
on or use of the information provided in an alert for any
purpose.
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 using the “Unsubscribe From Service Feature”
which can be accessed from the Profile Tab. Alternatively,
if you prefer, you can Unsubscribe by sending a registered
or certified letter to <<Client_FI_Name>> at
<<Client_FI_Address>>. 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
IS 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
IS 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 <<Client_FI_Name>>
must be made in writing and sent to <<Client_FI_Name>>
at <<Client_FI_Address>>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.
|
