Snapshot Consumer Consent and Terms of Use

EQUIFAX CONSUMER CONSENT

Last Revised: June 1, 2020

This agreement (“Agreement”) describes the terms and conditions upon which you (“You” or “Your”) provide Equifax Data Services LLC and its affiliated companies (“Equifax”) permission to access and use information provided by You (“Consumer Consent”) through Your registration and use of the service that is delivered through technology owned and operated by Yodlee, Inc. (“Yodlee”) (“Service”).  Equifax is a reseller of the Service, which is called “Snapshot”. Snapshot is a report that Yodlee compiles using information from Your financial institution(s) that You instruct Equifax and Yodlee to provide to commercial entities with whom You have engaged in a business transaction. Your use of this Service is conditioned upon Your agreement to this Consumer Consent and the Terms of Use.

  1. CONSUMER CONSENT.  You are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), and providing any additional consents required by law in connection with providing consumer account credentials, including login and password (“Financial Institution Credentials”), for the designated financial institutions in which You hold one or more accounts (“Financial Institution(s)”), so that Equifax may, among other things, (i) enable Yodlee, Inc. (through its technology platform (“Yodlee Technology”)) to instruct the Financial Institution on Your behalf to provide all of Your financial transaction and other information in all accounts held at that Financial Institution ("Bank Transaction Data") (either using Your Financial Institution Credentials or through other means with Your Financial Institution) to Equifax and to provide Bank Transaction Data from specifically identified account(s) to the designated commercial entity with which You have a business engagement (“Commercial Provider”); (ii) gain recurring access to Your financial account(s) to obtain, use, and store Bank Transaction Data to add and maintain transactions to Your Bank Transaction Data file and to retain and use Your Financial Institution Credentials on an ongoing basis for Equifax to continue accessing Your Bank Transaction Data; (iii) access, retain, and use Your Bank Transaction Data for any purposes lawfully permitted by the FCRA (e.g. use in lending decisions, insurance underwriting and any FCRA permissible purpose); (iv) use Your Bank Transaction Data for research and development and to create and offer new products and services; and/or (v) use, sell, license, reproduce, distribute, disclose, and share Your Bank Transaction Data to third parties, such as service providers, customers, partners, and/or resellers, to use in accordance with applicable law, for research and development, and to offer other products and services. If You have security freeze in place on Your data file with Equifax Data Services LLC, pursuant to applicable state law, You agree that Your consent, as provided in part (i) of the prior sentence, is an express request to temporarily lift this security freeze for purposes of Equifax’s provision of Bank Transaction Data from specifically identified account(s) to the Commercial Provider.  You represent, warrant, and agree that You are the owner of the Financial Institution Credentials and the Bank Transaction Data and You expressly agree that, without limitation, and without the payment of any fees, Equifax may use all such content for the purposes set out above.  You understand that You can withdraw Your consent for the above purposes at any time (i) through the Yodlee Technology and changing Your permission levels for access to Your Bank Transaction Data, or (ii) change Your Financial Institution Credentials (“Consent Withdrawal”).  Any Consent Withdrawal by You will terminate Equifax’s access and use of Your Financial Institution Credentials and Your Bank Transaction Data, except that such Consent Withdrawal shall not apply to the extent that Your Bank Transaction Data has been anonymized or aggregated, and is no longer identifiable to You. You understand that once Equifax deletes, removes and/or suppresses Your Financial Institution Credentials, You will no longer have Your Bank Transaction Data included in any consumer reports provided by Equifax.
  2. PRIVACY. By registering for the Service, You acknowledge receipt of the Privacy Policy and acknowledge that We may use and share Your personal information in accordance with such Privacy Policy.
  3. NO WARRANTY. THE DATA CONTAINED IN THE SERVICE IS PROVIDED TO EQUIFAX  BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE SERVICES. THE SERVICE IS PROVIDED BY YODLEE AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT SERVICE. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSON(S)") WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF THE SERVICE OR ANY SERVICE OR INFORMATION CONTAINED IN ANY SERVICE IN ANY WAY. THE SERVICES ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
  4. LIMITATION OF LIABILITY. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PROVIDING THE SERVICE OR THE YODLEE TECHNOLOGY, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS YODLEE TECHNOLOGY OR THE SERVICE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS YODLEE TECHNOLOGY OR THE SERVICE OR OTHERWISE PROVIDED BY EQUIFAX OR ANY SERVICE PROVIDED AT THIS YODLEE TECHNOLOGY OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
  5. INDEMNIFICATION. You will indemnify and hold Equifax harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from Your breach of this Agreement, Your use of the Service or any information contained in the Service or provided by Us, or Your infringement of any intellectual property or other right of any person or entity.
EQUIFAX SERVICE TERMS OF USE

Last Revised: June 1, 2020

Below You will find our Service Terms of Use.  You can also review our Privacy Policy below, which provides information regarding our handling of any personal information that You may provide to us.  Equifax Data Services LLC and its affiliated companies are referred to in this agreement as "We", "Us", and "Our", and "You", the person visiting and utilizing this site, are referred to as "You" or "Your". 

THIS SERVICE TERMS OF USE ("AGREEMENT") CONTAIN THE TERMS AND CONDITIONS UPON WHICH YOU MAY REGISTER THROUGH TECHNOLOGY OWNED AND OPERATED BY YODLEE, INC. ("YODLEE") ("YODLEE TECHNOLOGY"), A SERVICE PROVIDER OF EQUIFAX DATA SERVICES LLC, TO ENABLE YOU TO AUTHORIZE YODLEE TO ACCESS YOUR BANK TRANSACTION DATA (AS DEFINED BELOW) AVAILABLE THROUGH YODLEE TECHNOLOGY ("SERVICE"). THIS AGREEMENT SOLELY APPLIES TO THE SERVICE USING THIS YODLEE TECHNOLOGY, WHICH IS SOLELY FOR YOUR REGISTRATION FOR THE YODLEE SNAPSHOT REPORT.  THE TERMS AND CONDITIONS THAT GOVERN THE YODLEE SNAPSHOT REPORT ARE SEPARATE FROM THESE TERMS OF USE AND ARE PRESENTED TO YOU BY YODLEE SEPARATELY.  YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO REGISTER FOR USE OF THE SERVICE FROM THE YODLEE TECHNOLOGY. BY REGISTERING VIA THE YODLEE TECHNOLOGY AND SUBMITTING YOUR INFORMATION, YOU ARE ACKNOWLEDGING ELECTRONIC RECEIPT OF, AND YOUR AGREEMENT TO BE BOUND BY, THIS AGREEMENT. YOU ALSO AGREE TO BE BOUND BY THIS AGREEMENT BY USING OR TAKING OTHER ACTIONS THAT INDICATE ACCEPTANCE OF THIS AGREEMENT.

  1. YODLEE SNAPSHOT REPORT.  By registering through the Yodlee Technology for, and Your use of, the Service, which is a Yodlee service called "Snapshot", You provide Equifax Data Services LLC and its affiliated companies ("Equifax") permission to access and use information provided by You ("Consumer Consent").  Equifax is an authorized reseller of the Service.  Snapshot is a report that Yodlee compiles using information from Your financial institution(s) that You instruct Equifax and Yodlee to provide to commercial entities with whom You have engaged in a business transaction. Your use of this Service is conditioned upon Your agreement to the Consumer Consent, provided separately and also repeated below, and this Agreement for Service and Terms of Use. 
  2. CONSUMER CONSENT. You are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), and providing any additional consents required by law in connection with providing consumer account credentials, including login and password ("Financial Institution Credentials"), for the designated financial institutions in which You hold one or more accounts ("Financial Institution(s)"), so that Equifax may, among other things, (i) enable Yodlee, Inc. (through its technology platform ("Yodlee Technology")) to instruct the Financial Institution on Your behalf to provide all of Your financial transaction and other information in all accounts held at that Financial Institution ("Bank Transaction Data") (either using Your Financial Institution Credentials or through other means with Your Financial Institution) to Equifax and to provide Bank Transaction Data from specifically identified account(s) to the designated commercial entity with which You have a business engagement ("Commercial Provider"); (ii) gain recurring access to Your financial account(s) to obtain, use, and store Bank Transaction Data to add and maintain transactions to Your Bank Transaction Data file and to retain and use Your Financial Institution Credentials on an ongoing basis for Equifax to continue accessing Your Bank Transaction Data; (iii) access, retain, and use Your Bank Transaction Data for any purposes lawfully permitted by the FCRA (e.g. use in lending decisions, insurance underwriting and any FCRA permissible purpose); (iv) use Your Bank Transaction Data for research and development and to create and offer new products and services; and/or (v) use, sell, license, reproduce, distribute, disclose, and share Your Bank Transaction Data to third parties, such as service providers, customers, partners, and/or resellers, to use in accordance with applicable law, for research and development, and to offer other products and services. If You have security freeze in place on Your data file with Equifax Data Services LLC, pursuant to applicable state law, You agree that Your consent, as provided in part (i) of the prior sentence, is an express request to temporarily lift this security freeze for purposes of Equifax's provision of Bank Transaction Data from specifically identified account(s) to the Commercial Provider. You represent, warrant, and agree that You are the owner of the Financial Institution Credentials and the Bank Transaction Data and You expressly agree that, without limitation, and without the payment of any fees, Equifax may use all such content for the purposes set out above.  You understand that You can withdraw Your consent for the above purposes at any time (i) through the Yodlee Technology and changing Your permission levels for access to Your Bank Transaction Data, or (ii) change Your Financial Institution Credentials ("Consent Withdrawal").  Any Consent Withdrawal by You will terminate Equifax's access and use of Your Financial Institution Credentials and Your Bank Transaction Data, except that such Consent Withdrawal shall not apply to the extent that Your Bank Transaction Data has been anonymized or aggregated, and is no longer identifiable to You. You understand that once Equifax deletes, removes and/or suppresses Your Financial Institution Credentials, You will no longer have Your Bank Transaction Data included in any consumer reports provided by Equifax.
  3. PRIVACY. By registering for the Service, You acknowledge receipt of the Privacy Policy  and acknowledge that We may use and share Your personal information in accordance with such Privacy Policy.
  4. NO WARRANTY. THE DATA CONTAINED IN THE SERVICE IS PROVIDED TO US BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE SERVICES. THE SERVICE IS PROVIDED BY YODLEE AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT SERVICE. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSON(S)") WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF THE SERVICE OR ANY SERVICE OR INFORMATION CONTAINED IN ANY SERVICE IN ANY WAY. THE SERVICES ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
  5. LIMITATION OF LIABILITY. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PROVIDING THE SERVICE OR THE YODLEE TECHNOLOGY, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS YODLEE TECHNOLOGY OR THE SERVICE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS YODLEE TECHNOLOGY OR THE SERVICE OR OTHERWISE PROVIDED BY US OR ANY SERVICE PROVIDED AT THIS YODLEE TECHNOLOGY OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
  6. INDEMNIFICATION. You will indemnify and hold Us and Our affiliates harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from Your breach of this Agreement, Your use of the Service or any information contained in the Service or provided by Us, or Your infringement of any intellectual property or other right of any person or entity.
  7. PROVIDERS OF SERVICES. We are a service provider to the Commercial Provider that is requesting the Yodlee Snapshot Report related to Your transaction with the Commercial Provider, which Service will be made available to the Commercial Provider through Your registration via the Yodlee Technology and which Service is delivered and fulfilled by Yodlee.
  8.  PERSONAL INFORMATION; AUTHORIZATION. As needed to provide the Service to You, You authorize and instruct Us to obtain, compile, and store any information that You provide via the Yodlee Technology such as (but not limited to) Your email address. By using the Service through providing Your      email address to register via the Yodlee Technology ("Login Credentials"), You acknowledge and agree that Your access to the Service is subject to Your prior written authorization.  By using the Service, You acknowledge and agree that We will store Your Login Credentials.
  9. REGISTRATION; USE OF SERVICE. In order to use the Service, You must complete the registration process via the Yodlee Technology. You may register via the Yodlee Technology only on behalf of Yourself and by doing so, You acknowledge and agree that it is illegal to impersonate anyone else. By registering, You further certify that You are eighteen (18) years or older and that all of the information provided incident to Your registration is true, accurate, complete and up to date. You further agree to abide by all of the terms and conditions concerning Your use of the Service and the specific terms and conditions provided by Yodlee relating to their Service. You agree to keep Your Login Credentials strictly confidential and not to share them with others.
  10. AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.

THIS SECTION AND THE AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION DOES NOT APPLY TO ANY CLAIM, DISPUTE, OR CONTROVERSY RELATED TO THE TRUSTEDID PREMIER PRODUCT, WWW.EQUIFAXSECURITY2017.COM, WWW.TRUSTEDIDPREMIER.COM, WWW.TRUSTEDID.COM OR TO THE EQUIFAX CYBERSECURITY INCIDENT ANNOUNCED ON SEPTEMBER 7, 2017.

Binding Arbitration. Any Claim (as defined below) raised by either You or Equifax against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax in connection with the use of the Yodlee Technology, Our provision of the Service, the Consumer Consent, or the terms of this Agreement , including but not limited to any Claim arising from or relating to this Agreement, the Services or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax's parents, subsidiaries, affiliates, successors, assigns, employees, and agents in connection with the use of the Yodlee Technology, Our provision of the Service, the Consumer Consent or the terms of this Agreement . The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that Equifax violated the FCRA. Any claim, dispute, or controversy in which You contend that Equifax violated the FCRA is not subject to this provision and shall not be resolved by arbitration. In addition, the term "claim" or "claims" also does not apply to any claim, dispute, or controversy related to the TrustedID Premier product, www.equifaxsecurity2017.com, www.trustedidpremier.com, www.trustedid.com or to the Equifax Cybersecurity Incident announced on September 7, 2017.

No Class or Representative Arbitrations. The arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Your Claims to arbitration, You will be forfeiting Your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.

Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on Your relationship with Equifax or the delivery of Service to You by Equifax. In order to exclude Yourself from the arbitration provision, You must notify Equifax in writing within 30 days of the date that You first accept this Agreement.  To be effective, timely written notice of opt out must be delivered to Equifax Data Services LLC, Attn.: Arbitration Opt-Out, P.O. Box 105496, Atlanta, GA 30348, and must include Your name, address, and email address, as well as a clear statement that You do not wish to resolve disputes with Equifax through arbitration. If You have previously notified Equifax that You wish to opt-out of arbitration, You are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and You must pursue Your Claim in arbitration or small claims court.

Initiation of Arbitration. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or this Agreement, in which case the terms of this arbitration provision and this Agreement will govern. The AAA's rules may be obtained at www.adr.org, or by calling the AAA at 1-888-778-7879. To commence an arbitration, You must file a copy of Your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under this Agreement. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the "FAA"). Any claim or dispute as to the enforceability of this arbitration provision's restrictions on Your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.

Payment of Arbitration Fees and Costs. In the event You file a Claim in arbitration in accordance with these provisions, We will advance all arbitration filing fees if You ask that We do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by Us to the AAA. Such requests should be mailed to Equifax Data Services LLC, Attn: Request for Payment of Arbitration Filing Fees, P.O. Box 105496, Atlanta, GA 30348. We will also pay all arbitrator fees. If Equifax prevails in the arbitration, then the arbitrator shall have the authority to require that You reimburse Equifax for the filing fees advanced, but only to the extent such fees would be recoverable by Us in a judicial action. You are responsible for all other fees and costs You incur in the arbitration, including attorney's fees and expert witness fees, except that the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in Your favor and the arbitrator expressly determines that there is a good reason for requiring Us to pay those fees and costs.

Continuation. This arbitration provision shall survive: (i) termination or changes in this Agreement or the relationship between You and Us, including but not limited to the further use of the Yodlee Technology or the Service by You; (ii) Consent Withdrawal provided by You; and (iii) termination or changes in Our providing access and/or use of the Yodlee Technology or the Service to You.

Small claims court. Notwithstanding anything in this Section, either You or Equifax may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as Your address that You most recently provided to Equifax according to Equifax's records in connection with this Agreement.

  1. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. Equifax is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling. By this We mean that We do not claim We can "clean up" or "improve" Your credit record, credit history, or credit rating and You acknowledge and agree that You will not purchase, use, or access any of Our Services for such purposes. These items (credit record, history, and rating) are based on Your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed. If You believe that Your consumer file contains inaccurate, non-fraudulent information, it is Your responsibility to contact the relevant consumer reporting agency, and follow the procedures established by the various consumer reporting agencies related to the removal of such information.
  2. FEES.  The Service is provided free of charge.  We reserve the right to change Our fees in accordance with Section 14 below. 
  3. SERVICE CANCELLATION. You may provide Consent Withdrawal at any time. To provide Consent Withdrawal, access the Yodlee Technology and change Your permission levels for access to Your Bank Transaction Data, (ii) contact Your Commercial Provider directly to withdraw your consent, or (iii) change Your Financial Institution Credentials. 
  1. CHANGES TO THE SERVICE, PRICING, AND TERMS; TERMINATION. We may change the Service at any time, with notice. We may modify or discontinue this Yodlee Technology (or any portion of the Service or the Yodlee Technology) or cancel, suspend or terminate this Agreement for any reason with or without notice. If We only modify the Yodlee Technology or the Service or discontinue a Service feature or features, Your only recourse is to cancel the Service in accordance with Section 9 of this Agreement. We may amend this Agreement from time-to-time. When We amend this Agreement, We will post the amended Agreement on the Yodlee Technology website. Your continued use of the Yodlee Technology or Service constitutes Your acceptance of the amended Agreement.  If You do not accept the new Agreement, You must cancel Your Service.  You also agree to an amended Agreement if You take other actions that demonstrate You have accepted the amended Agreement.
  2. ELECTRONIC AND TELEPHONIC COMMUNICATIONS. Unless otherwise noted, the Service is internet-based and in order to access the Service You must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer, operating system and connection to the Internet, or in the case of Our mobile Service features, a wireless device, software and connection to the Internet capable of supporting the foregoing; and 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 email software. As such, You understand and agree that this Agreement will be entered into electronically, and that the following information ("communications") will be provided by Us to You 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 Our privacy policy, all regulatory disclosures, and all communications related to the Service. In furtherance of the foregoing, You expressly consent to receive all communications regarding the Service electronically, either by e-mail or by notices posted through the Yodlee Technology and You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. In order to ensure Your continuing access to the Service, You agree to update Your Financial Institution Credentials and email address on file whenever Your Financial Institution Credentials or email address changes. You further agree that we may send You e-mails which include notices about Your Login Credentials as well as information pertaining to the Service.
  3. NO GUARANTEE OF SERVICE AVAILABILITY. Because of the nature of Internet and online communications, the Yodlee Technology or the Service may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of the Service or the Yodlee Technology From time-to-time, technical issues may also result in the unavailability of or disruption of certain Service features. In addition, Your use of the Service that is excessive or in a manner not contemplated by this Agreement may also result in the Service not performing as intended despite Our efforts. We or Yodlee will use reasonable efforts to maintain operation of the Yodlee Technology and availability of the Service at all times. If there is a system error or other problem concerning the Service, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type. Certain Service features within the Services may be provided by third parties or may be dependent on data provided by third parties. We may be unable to provide such Service features because the third party will no longer provide the Service features or data to us or will no longer provide the Service feature or data on terms that Equifax believes, in its sole discretion, to be commercially reasonable. Equifax will notify You if it is no longer able to offer a Service feature or certain data associated with a Service feature for these reasons. Equifax will not be liable for failure to provide all or part of the Service or Service feature for these reasons.
  4. OWNERSHIP. The Yodlee Technology contains copyrighted material and any information that You retrieve is copyrighted by its owner. You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related materials acquired through this site. We, collectively or individually, retain ownership of all intellectual property rights in the Service and through the Yodlee Technology, including without limitation any information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement ("content"). The content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
  5. APPLICABLE LAW. This Agreement and its enforcement shall be governed by the laws of the state of Georgia, without regard to conflict of law principles. Federal law, including the FAA, however, shall govern the arbitrability of all Claims between You and Us pursuant to Section 10 above, including any and all claims or disputes concerning the validity, construction, and performance of the arbitration provision in Section 5 above (except that to the extent state law applies to that issue, the law of the state in which You most recently told Equifax You live (according to Equifax's records) will apply without regard to conflict of law principles).
  6. ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire agreement between You and Us regarding the Service and information contained on or acquired through this Yodlee Technology or provided by Us, including through other linked third party Internet sites. In the event that this Agreement shall be translated into any language other than English, then the English language version of the Agreement shall control. This Yodlee Technology may contain hyperlinks or other references to third party Internet sites that Equifax does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third party Internet site and products and Equifax has no responsibility therefore. This Agreement takes effect on Your first use of this Yodlee Technology, and it applies to all persons accessing the Yodlee Technology from Your computer, and to all persons using Your User ID, password or PIN. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. If, however, the class action waiver provision in Section 10 is found to be illegal or unenforceable, then the entire arbitration provision in Section 10 will be unenforceable, and any Claims (as defined in Section 10) will instead be decided by a court. You may not assign this Agreement or the Service to someone else. Unless otherwise explicitly stated, the provisions contained in Sections 9 (Registration; Use of Service), 10 (Agreement to Resolve All Disputes by Binding Individual Arbitration), 17 (Ownership), 4 (No Warranty), 5 (Limitation of Liability), 6 (Indemnification), 18 (Applicable Law) and this Section 19 will survive termination of this Agreement and Your access to and use of the Service, the Yodlee Technology, and the information contained in the Service or the Yodlee Technology or provided by Us. Suppliers are third party beneficiaries under this Agreement.
YODLEE SNAPSHOT TERMS OF USE

Last Revised: July 1, 2019

These Terms of Use (“Terms”) are an agreement between you and Yodlee, Inc. an Envestnet company (“Yodlee,” “we,” or “our”) forthesecertain online financial solutions available through Yodlee websites and software applications (the “Yodlee SnapshotService” or “Service”).

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 (exceptfor 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.Ffor 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. YOU ACKNOWLEDGE THAT OUR USE AND DISCLOSURE OF ANY INFORMATION YOU MAKE AVAILABLE TO US IN CONNECTION WITH THE SERVICE, OR THAT WE OBTAIN ON YOUR BEHALF AS DESCRIBED IN THESE TERMS, WILL BE GOVERNED BY OUR PRIVACY NOTICE.

MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE; SEE THE “FAIR CREDIT REPORTING ACT” SECTION BELOW.

YOU ALSO ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY ALLOW YOU TO DESIGNATE ONE OR MORE THIRD PARTIES (EACH, A “RECIPIENT”) TO RECEIVE ACCESS TO THE INFORMATION CONTAINED IN ANY SUCHCREDIT FILES OR OTHER INFORMATION THAT WE MAY OBTAIN ON YOUR BEHALF UNDER THESE TERMS, AND YOU HEREBY AUTHORIZE US TO MAKE AVAILABLE TO SUCH RECIPIENTS ANY SUCH INFORMATION, AND ANY REPORTS, ANALYSIS OR OTHER MATERIALS THAT WE MAY PREPARE ON THE BASIS OF SUCH INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND WILL INCUR NO LIABILITY WITH RESPECT TO, ANY ACTS, OMISSIONS OR DETERMINATIONS BY ANY RECIPIENT.

 

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year, and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For information on how to obtain a copy of your free annual credit reports, please visit annualcreditreport.com.

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained on the website of each credit reporting agency. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by us.

  1. REGISTRATION FOR THE SERVICE
    1. 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 Service.
    2. 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 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 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.
    3. 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 onyour 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.
    4. Authorized Use.

      In order to register for or use the 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 the Service for personal or individual use. You may not use the Service for commercial purposes and may not resell or otherwise provide other persons with access to the Service using your password or user name. The terms “you” and “user” refer to the person that registers for the Service.
    5. Payment.

      The Service tools and services are currently free of charge. Yodlee reserves the right to charge fees for these Services at any time.
    6. Service Limitations

      Yodlee is unable to foresee or anticipate all technical or other difficulties with the Service. The 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 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.
    7. Service Changes and Discontinuation.

      Yodlee reserves the right to change or discontinue, temporarily or permanently, the 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 Service. Yodlee is under no obligation 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.
  2. USE OF THE SERVICE
    1. 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 Service account.
      1. 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 Service. You also certify that any account you register with the 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 Service and accessing other web sites on your behalf.
      2. 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 > 3 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 or account at any time. This also applies to any passwords required for use of other services provided by Yodlee partners.
      3. Customer Service Requests. If you request customer service assistance or report a problem with the Service, it may be necessary for Yodlee to access your account and view your Service account information.
      4. Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others.
      5. Proprietary Rights. You acknowledge and agree that Yodlee or its licensors or suppliers own all rights to the 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 Service or used to provide the 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 by our instructions for use of the 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 Service, including, but not limited to, any software applications or Java applets associated with the Service or any other Yodlee service.
    2. Rights You Grant to Yodlee.
      1. Content You Provide. Subject to Yodlee’s Privacy Notice (the “Privacy Notice”), you are licensing to Yodlee any information, data, materials, or other content that you provide to Yodlee or the Service or that is retrieved from third party sites or otherwise at your request. Yodlee may use, modify, display, distribute and create new material using such content to provide the Service to you and as otherwise described in the Privacy Notice. You represent, warrant, and agree that the owner of any such content has expressly agreed that, without limitation, and without the payment of any fees, Yodlee may use such 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.
      2. Yodlee Retention of Data. Yodlee retains the information submitted by you to the Service that we use to access your accounts (such as account passwords and usernames) for a period of three years following the date of last activity with the Service. The date of last activity is the last date that a third-party requests information from Yodlee about you or the last date that you request access to your information from Yodlee, whichever is later. Yodlee retains the information you submit for the purpose of updating your account information. By updating your account information, Yodlee can continue providing Services if requested and provide you access to an updated file disclosure, upon request, so you can review the accuracy of your information. You may direct Yodlee to delete the information submitted by you to the Service that we use to access your accounts (such as account passwords and usernames) at any time. Yodlee will process your direction as soon as reasonably possible [or give a time frame]. Once we delete your account access information, Yodlee will no longer collect data for the account and you will not have access to certain Services. In addition, some third party account providers may delete the information submitted by you to the Service that we use to access your accounts (such as account passwords and usernames) as described in Section D.4 below.
      3. Yodlee Revenues and Advertising. Yodlee may rely on advertisers to help fund the Service that we offer to our users. You agree that Yodlee may display advertisements and promotions of all kinds in the 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.
      4. 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 Service pages and any information associated with your account on the Service to provide such assistance and support.
    3. Mobile Devices.
      The Service may be available through a compatible mobile device, including tablets and smart phones. Your use of the 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 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 WIRELESS SERVICE.
    4. Third Party Accounts.
      1. Authorization for Account Access. Subject to your lender’s terms, by using the 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 (a) use information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.
      2. Designating Yodlee as Your Agent and Power of Attorney. For the purposes described in Section D. 1 above, 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.
      3. Service Providers. 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.
      4. Third Party Account Provider Deletion of Account Access Information.
        Some third party account providers may delete the information submitted by you to the Service that we use to access your accounts (such as account passwords and usernames). If that happens, the third party account provider must notify you of the deletion and how it impacts you. Once a third party account provider deletes this information, Yodlee will no longer collect data for the account and you will not have access to certain Services.
      5. No Relationship to Third Party Sites. 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 Service. The 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.
    5. Fair Credit Reporting Act

      The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. Any credit reports provided or requested through the Service are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.

      You are entitled to receive a free copy of your credit report from a credit reporting agency if, for example:

      • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit based on information in a credit report provided by such agency, and you request the report within sixty (60) days of receiving that adverse action notice.
      • You have been denied a house/apartment rental or were required to pay a higher deposit than usually required based on information in a credit report provided by such agency, and you request the report within sixty (60) days of receiving that adverse action notice.
      • You certify in writing that you are a recipient of public welfare assistance.
      • You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

       

      In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year, and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

      Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For information on how to obtain a copy of your free annual credit reports, please visit annualcreditreport.com.

      The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

      It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained on the website of each credit reporting agency. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by us.

  3. DISCLAIMERS, LIMITATIONS AND INDEMNIFICATION
    1. Disclaimer of Warranties.
      1. "AS IS". YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES, CONTENT AND TECHNOLOGY (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YODLEE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE 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.
      2. TRANSLATIONS. THE OFFICIAL LANGUAGE OF THE SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF THE SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. YODLEE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF ANY TRANSLATION PAGES.
      3. NO WARRANTIES. YODLEE AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE 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.
      4. LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      5. 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.
    2. Limitations of Liability.
      1. 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 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 SERVICE; (V) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, INCLUDING 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 SERVICE.
      2. LIABILITY CAP. IN ANY EVENT, YODLEE'S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED $100.00 EXCEPT TO THE EXTENT SET FORTH IN SECTION IV(E) BELOW OR AS ALLOWED UNDER APPLICABLE LAW.
      3. 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.
    3. Indemnification.
      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 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.
  4. GENERAL TERMS
    1. Electronic Communications.
      These Terms and any notices or other communications regarding the 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 and electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on the 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 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.
    2. Assignment.
      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 Service. Yodlee may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
    3. 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.
    4. Exclusive Agreement.
      You agree that these Terms are the complete and exclusive statement of the agreement between you and Yodlee with respect to the 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.
    5. 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.
    6. Dispute Resolution and Arbitration.
      1. 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.
      2. 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) file suit in a court of law to address an intellectual property infringement claim.
      3. 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 or by contacting Yodlee.
      4. 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.
      5. 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 which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, but if the claim is for $500 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.
      6. 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.
      7. 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.
      8. 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.
    7. 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 Service.
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