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Terms of Use
1. You agree to these Terms of Use.
Welcome to the Wealth Coach mobile Application or website (the “App”). This App is owned by My Savings Coach, LLC (“My Savings Coach,” “we,” “us,” or “our”). The information provided on this App is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this App. By accessing or using this App, you acknowledge that you have read, understood, and agreed to the Terms of Use (“Terms of Use”) and the Privacy Policy.
These Terms include a mandatory binding arbitration provision and trial by jury and class action waivers, which limit your rights in the event of a dispute related to the App. Please refer to the “You agree to arbitration” section below for more information.
If you do not agree to these Terms of Use, you may not access or use the App.
2. We provide you with a license to our App.
We grant you a personal, non-exclusive, revocable-at-any-time, limited, non-exclusive, non-transferable license to access and use the App conditioned on your continued acceptance of, and compliance with, these Terms of Use.
3. We provide our App subject to our privacy policy.
Privacy. My Savings Coach respects the privacy of its App users. Please refer to My Savings Coach’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this App.
4. App is informational and may be revised.
App is for informational or educational purposes only. App or its contents do not, and are not intended to, constitute legal advice, financial advice, insurance advice, or other special advice. We may at any time and for any reason revise, change, suspend, or discontinue all or any portion of the App by posting on App about those changes. The information provided on this App is for general informational and educational purposes.
You understand and agree that we are not registered or licensed as a bank, insurance agent, investment advisor, broker dealer, or other financial institution or advisor.
5. You authorize us to access your information.
Subject to your applicable data privacy rights that are further described under our Privacy Policy, you grant to us an irrevocable, worldwide, royalty-free license to any information, data (including financial data), passwords, usernames, PINs, personal information, materials, or other content you provide through the App.
You authorize us, as your agent, to use this information, content, Materials, or other content that we retrieve through third-party sites on your behalf to provide the App or for other permissible business purposes, at no cost to us. Except as otherwise provided herein, we may store, use, change, or display this information or create new content or derivative works using this information.
You hereby authorize us to access third-party sites or apps, as your agent, to retrieve or disclose your information, where appropriate, as part of the App. Unless and until these Terms are terminated, you grant us the right to access information at third-party sites or apps on your behalf. Third-party sites or apps may rely on the authorizations granted by you or through your account.
You grant us the right to access third-party sites or apps to retrieve or use your information, as described herein, for the delivery of the App and for other purposes described in these Terms of Use. The licenses, user obligations, and authorizations described herein are ongoing.
6. You agree to other third-party service terms.
We may use services from Plaid or others to access your banking or financial information. By using our services, you agree to Plaid’s terms.
7. You must be at least 18 years of age.
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). The App is not intended for minors and you may not use the App if you are under 18 years of age (or the age of majority in the State in which you reside).
8. We prohibit certain illegal conduct.
You agree to use the App only for lawful purposes and only as permitted under the Terms of Use. We, in our sole discretion, may determine which uses of this App are improper or unauthorized. We may take any appropriate action in response to improper or unauthorized uses of the App including, but not limited to, blocking any user of the App.
You agree not to do any of the following:
a. anything illegal or that violates a contractual obligation;
b. attempt to derive or use source code from the App or App Content;
c. copy, translate, disassemble, decompile, adapt, modify, or attempt to reverse-engineer the App or App content or any software or programs used in connection therewith;
d. take any action to circumvent or defeat the App’s security or content usage rules or that permits
e. unauthorized entry or access to computer systems;
f. engage in activity that infringes upon the rights of others, including our or any third party’s intellectual property rights or rights pertaining to privileged, confidential, proprietary, or trade secret information;
g. publicly display or use the App to share inappropriate content or material;
h. use the App or App content to engage in activity that is harmful to you, the App, or others;
i. engage in activity that violates the privacy of others;
j. engage in activity that is fraudulent, false, misleading (including impersonating another or misrepresenting an affiliation with any person or organization);
k. circumvent any restrictions on access to or use or availability of the App or App content;
l. post “spam” or statements political in nature, use the App to transmit commercial solicitations;
m. use the App or App content in a way that creates liability for us or our service providers;
n. use the App or App content to access the information and content programmatically by macro or other automated means;
o. use the App or App content for any purpose other than personal purposes, including, without limitation, for commercial purposes;
p. use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic device, program, algorithm, or methodology that serves similar purposes to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the App; or
q. use the App in any way that slows the transferring or loading of any web page or app or interferes with the normal operation of the App.
9. We disclaim all warranties.
App and its contents are provided as is or as available. We, including any person associated with us, disclaim all warranties of any kind about the App or its contents, including relating to their quality, accuracy, or availability.
We disclaim all warranties of any kind, either expressed or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy with regard to the App, or any website or application owned or operated by a third party to which or from which the App links.
We do not endorse and are not responsible for the capabilities, quality, content, or reliability of any product or service obtained from a linked websites or apps. Your use of any linked websites is at your own risk and subject to the terms for such websites or services.
Without limiting the foregoing, neither we nor anyone associated with us, warrants or represents that the App or content provided on or through this App will be accurate, reliable, error-free, timely, secure, complete, available, or uninterrupted or meet your requirements; that defects will be corrected; that the App or the server that makes it available are free of viruses or other harmful components; that the App, including the quality of any products, services, information, or other material, will otherwise meet your needs or expectations; or that any errors will be corrected.
Any App content downloaded or otherwise obtained through the use of the App or a linked website is done at your own risk, and you are solely responsible for any damages, including, without limitation, any financial losses.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
10. You agree to indemnify us.
You agree to indemnify, defend and hold harmless My Savings Coach, its officers, directors, employees, agents, suppliers and third-party partners (collectively, the “My Savings Coach Parties”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the App.
11. We limit our liability to you.
Except to the extent prohibited by applicable law, we are not liable for any indirect, incidental, exemplary, punitive damages, or consequential damages (including, without limitation, lost profits, lost savings, loss of goodwill, business reputation, business opportunities or damages resulting from lost data or business interruption) resulting from the use or inability to use the App or App content provided for on or by the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if you have notified us about such damages, or for any claims by any third-parties. In no event will our aggregate liability to you, direct or otherwise, exceed the lesser of one hundred dollars ($100) or the fees you paid for the App.
Some states may not allow certain limitations and exclusions of liability, so the above limitations or exclusions may not apply to you. In such states, our liability to you shall be limited to the greatest extent permitted by law.
12. You agree to keep your information secure.
Certain features and areas of the App are available only with registration and/or login. If you register (“create a profile”) and optionally select a unique login password (“Personal Login Information”), you must keep your Personal Login Information confidential, and take appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. My Savings Coach is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns. You represent and warrant that the profile information you provide to My Savings Coach is and will remain true and accurate.
13. We are not responsible for third parties.
This App may contain links or references to other Apps maintained by third parties over whom My Savings Coach has no control. Such links are provided merely as a convenience. Similarly, this App may be accessed from third party links over which My Savings Coach has no control. My Savings Coach makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such App and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by My Savings Coach. You may not create a link to this App without My Savings Coach’s prior written consent.
14. Our App may contain advertisements.
The App may contain advertisements. The inclusion of advertisements on the App does not imply endorsement of the advertised products or services. My Savings Coach shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the App. Further, My Savings Coach shall not be responsible or liable for the statements or conduct of any third-party advertisers Appearing on the App. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
15. We may use your feedback.
Subject to our Privacy Policy, any communication or other material that you send to us through the Internet or post on a My Savings Coach App by electronic mail or otherwise, including any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and My Savings Coach shall have no obligation of any kind with respect to such information. My Savings Coach is free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.
16. We provide our services in the U.S.
This App and its contents are intended to comply with the laws and regulations in the United States. My Savings Coach makes no claims regarding access or use of the App or My Savings Coach content outside of the United States. If you use or access the App or My Savings Coach content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
17. You authorize payments and those payments are final.
Unless otherwise required by applicable law or otherwise specifically provided by us, where your interactions with us require a payment, those payments are final and nonrefundable. You may not obtain any available credits on your account as a refund.
Where your interactions with us require you to make a payment, you hereby authorize us to bill you using the payment information you provided to us along with any sales, uses, or similar tax and any other applicable, required fees. You represent that you have the legal right to use any credit or debit card or other payment method you provide us. We may place a temporary payment authorization hold on your payment method at the start of, or in preparation for, the delivery for our App (for example as subscription services), which may not be the final amount charged to you.
You are responsible for keeping your payment information up to date and may update it through the App. We may cancel your order, subscription, service, or App if we are unable to successfully charge your payment method.
18. We may contact you using email, text, or call.
We, our service providers, and partners may contact you via email, text, or voice call to provide you with their products or services. By using the App, you agree to receive emails, text messages, or calls from us, our service providers, and partners at the email addresses and phone number you may have provided to us. When you access or use the App, you agree to communicate with us electronically and consent to receive communications from us electronically
19. You must comply with applicable laws.
You are responsible for compliance with all applicable laws, including all federal, state, and local laws, and regulations. You access the App on your own initiative and own risk.
20. You agree to arbitration.
Both you and My Savings Coach agree to submit disputes arising out of or relating to your use of the App or the Terms of Use to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which governs the interpretation and enforcement of this arbitration agreement subject to the America Arbitration Association rules. You and My Savings Coach agree to waive the right to a trial by jury and any right to have a dispute heard in court. Notwithstanding the foregoing, both you and My Savings Coach retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
21. You agree to the Illinois governing law and venue.
The laws of the State of Illinois, without regard to their conflicts of law principles, govern the Terms. Except with respect to disputes subject to arbitration, exclusive jurisdiction over any cause of action arising out of the Terms of Use or your use of the App is in the state or federal courts located in Cook County, Illinois; provided, however, that we retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other relevant country. You submit to the jurisdiction of such courts.
22. Some provisions survive termination.
Provisions that by their nature should survive termination of these Terms of Use must survive termination, including without limitation, sections relating to limitation of liabilities, disclaimer of warranties, waiver, severability, intellectual property, entire agreement, and governing law and venue.
23. The Terms of Use state our entire agreement.
Except to the extent otherwise set forth herein, the Terms of Use set forth the entire understanding between you and us with respect to your access to and use of the App. The Terms replace all prior understandings between us.
24. You may not assign the Terms of Use.
You may not assign or transfer the Terms of Use. We may assign its rights or obligations without your consent or without notice. The Terms of Use inure to the benefit of our successors, assigns, licensees, and sublicensees. Any assignment or transfer in violation of these Terms is void.
25. These terms are severable.
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. My Savings Coach reserves the right to alter or delete materials from this App at any time at its discretion without notice to you.
26. We may suspend the App.
We may at any time and for any reason change, suspend, restrict, or discontinue all or any portion of the App or the third-party services, apps, or integrations that are available through the App by posting on the App about those changes.
27. We may terminate the Terms of Use without notice.
Unless otherwise required by applicable law, we may terminate the Terms of Use or suspend or limit the App immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of the Terms of use. Upon termination, you will cease use of the App and destroy all content you have downloaded from the App.
28. We may update our Terms of Use and App.
From time to time, in compliance with Applicable law, we may update the Terms of Use, our App, and any material or information on our App by posting changes on the App or a website or app that replaces our App or by notifying you via our App or email. You may review the current version of these Terms, which supersedes all previous versions, by clicking on the Terms of Use hyperlink on our App. If you disagree with these Terms of Use (as amended from time to time) or are dissatisfied with the App, your sole remedy is to discontinue using the App.
29. You may contact us.
If you have questions, please contact My Savings Coach at contact@gowealthcoach.com. Please include the words, “Terms of Use” in the subject line of your e-mail.