Terms of Service - last updated December 22, 2016

The following terms and conditions govern all access and use of the ughmoney.com website, and all content, services, and products available at or through the website (collectively, the “Services”) as owned and operated by ughMoney, Inc. (“ughMoney” or “we”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ughMoney's Privacy Policy) and procedures that may be published from time to time by ughMoney (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. Use of our Services requires an ughmoney.com account. You are responsible for keeping your password confidential. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ughMoney, acceptance is expressly limited to these terms. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of an entity that you have the authority to bind such entity.

Access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

1. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the terms (including the binding individual arbitration clause) that were in place when the dispute arose.

2. Third-party Account Information

Users may direct ughMoney to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). ughMoney works with one or more online service providers (“Third Party Providers”) to access this Account Information. ughMoney does not review the Account Information for accuracy or legality. ughMoney is not responsible for the Account Information or products and services offered by or on third-party sites.

ughMoney cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ughMoney cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

3. Your Use of the Services

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use and Services for lawful purposes. Accurate records enable ughMoney to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “Add Account” forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that ughMoney, in its sole discretion, may elect to take. In no event will ughMoney be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for ughMoney to use commercially reasonable efforts to effectuate a repair of the applicable service.

4. Rights you grant to ughMoney

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to ughMoney through the Services, you are licensing that content to ughMoney for the purpose of providing the Services. ughMoney may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to ughMoney for use for this purpose, without any obligation by ughMoney to pay any fees or be subject to any restrictions or limitations.

By using the Services, you authorize ughMoney and the Third Party Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant ughMoney and designated Third Party Providers a limited power of attorney, and you hereby appoint ughMoney 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 third party internet sites, servers or documents, retrieve information, and use your accounts, passwords, and other 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 WE OR A DESIGNATED THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, WE AND A DESIGNATED THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

4. Disclaimer of Representations and Warranties

Our Services are provided “as is.” ughMoney and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ughMoney nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 6 OF THIS PROVISION MAY NOT APPLY TO YOU.

5. Not a Financial Planner, Broker or Tax Advisor

NEITHER UGHMONEY NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. UGHMONEY IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

6. Limitations on ughMoney’s Liability

In no event will ughMoney, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ughMoney under this agreement during the twelve (12) month period prior to the cause of action. ughMoney shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. Your Indemnification of ughMoney

You agree to indemnify and hold harmless ughMoney, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

8. Intellectual Property

This Agreement does not transfer from ughMoney to you any ughMoney or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ughMoney. ughMoney ughmoney.com, the ughmoney.com logo, and all other trademarks, service marks, graphics and logos used in connection with ughmoney.com or our Services, are trademarks or registered trademarks of ughMoney or ughMoney’s licensors. The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including in-browser software) and other material are protected under both United States and other applicable copyright, trademark and other laws. ughMoney grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ughMoney or third-party trademarks.

9. Registration Information and Electronic Communication

In order to allow you to use the Services, you will need to sign up for an account with ughMoney. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address or phone number, allows you to access the Services. That e-mail address and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information.

10. Termination

This Agreement will continue to apply until terminated by either you or ughMoney as set out below. ughMoney may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ughmoney.com account (if you have one), you may contact ughMoney at support@ughmoney.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. you agree that ughMoney shall not be liable to you or any third party for any termination of your access to the Services.

11. Miscellaneous.

These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of California or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of California.

You agree to resolve any dispute or claim that you may have against ughMoney exclusively in the state and federal courts located in California. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any dispute arises from these Terms or your use of the Services, either we or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, will be final and binding on the both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND/OR ANY THIRD PARTY PROVIDER (INCLUDING, WITHOUT LIMITATION, EXPERIAN) ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.