SmartDollar Terms of Service
THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEITHER THE LAMPO GROUP, LLC, NOR ANY OTHER PARTY, INCLUDING YOUR EMPLOYER, PLAN SPONSOR, OR THE ENTITY PURCHASING ACCESS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT, OPERATION, OR AVAILABILITY OF OUR SITE OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK.
NEITHER THE LAMPO GROUP, LLC, NOR YOUR EMPLOYER, PLAN SPONSOR OR THE ENTITY PURCHASING ACCESS, MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO CONTINUALLY SECURE OUR SYSTEMS AND APPLICATIONS USING INDUSTRY STANDARD CONTROLS, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITE OR SERVICES ARE ERROR- OR DEFECT- FREE OR IMMUNE TO CYBER SECURITY VULNERABILITIES AND EXPLOITS THEREOF.
Your right to access and use the Site and 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 the Site and Services for lawful purposes. The content of the Site and Services is not to be redistributed, copied, resold, or otherwise disseminated unless specifically authorized by us. You are authorized to use the Services as provided and are expressly prohibited from copying, reselling, disseminating, reverse engineering, or otherwise reproducing the Services, including but not limited to any video, audio, downloadable content of any kind, copyrighted works, and trademarks. All rights not granted herein are expressly reserved by us. Our Services are most effective when accurate information is supplied. You must provide true, accurate, current, and complete information. Your access and use of our Site or 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, or other actions that we, in our sole discretion, may elect to take.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Service, other products or services, advertising, and marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could individually identify you without your explicit permission.
In your use of the Site or Services, you agree that you will not:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, scan, or monitor the Services or any portion of our Site without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (e.g., Internet Explorer, Safari, Firefox, Chrome, or Opera);
- Post, transmit, or launch any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that would otherwise interfere with the proper working of our Site or the Service or that would undermine the confidentiality or integrity of information stored or processed in our applications or systems, or undermine the availability of the Site or Services;
- Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse-engineer any of the content, software, video, or audio components composing or in any way a part of our Site or Services;
- Access and/or use the Site or Services from outside the United States;
- Input any information or data, or engage in the transmission of the same, into the Services that is subject to (i) the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act) (e.g., Protected Health Information); (ii) the Payment Card Industry Security Standards (PCI DSS); (iii) EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced, or superseded from time to time, including by the GDPR (i.e., EU General Data Protection Regulation 2016/679) and laws implementing or supplementing the GDPR; or (iv) any other non-U.S. data privacy laws or regulations.
The Site and Services are intended for access and use within the United States. The Site and Services are not intended for, or directed to, citizens, domiciles, or residents of the European Union or U.S. citizens that are based out of or located outside of the United States. Accordingly, the Site and Services comply with applicable United States federal and state laws. By accessing and/or using the Site or Services you affirm that you are not a citizen, domicile, or resident of the European Union or a U.S. citizen based out of or located outside of the United States.
Not a Financial Planner, Broker, or Tax Advisor
The Services are intended as an investment educational tool as defined by U.S. Department of Labor Interpretive Bulletin 96-1. You acknowledge and agree that we nor the Site or Services provide any individualized investment advice to you nor does the same consider your particular investment objectives, financial situation, or needs and is not intended as recommendations appropriate for you. Before acting on any information available via the Site or Services, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own legal, financial, and/or investment adviser.
THE LAMPO GROUP LLC, ITS AFFILIATES, AND THE SERVICE DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, FIDUCIARY, OR TAX ADVISOR. Our Service, communications with our team, and the Site are intended only to assist in educating users on personal finance and retirement. Your situation is unique and fact-dependent. Thus, any information and advice obtained through the Services or the Site may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your professional advisers and/or legal counsel who are fully aware of your circumstances and needs.
Limitation of Liability and Indemnity.
YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER INTO THE SERVICES, THE CONTENT YOU SUPPLY US (VIA ANY MEDIUM), AND YOUR USE OF THE SERVICES AND SITE. YOU ACKNOWLEDGE THAT THE SERVICES, WE, AND OUR EMPLOYEES AND AGENTS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN BASIC PERSONAL FINANCE MANAGEMENT AS DESCRIBED HEREIN.
NEITHER WE NOR OUR AGENTS, EMPLOYEES, OR ANY OF OUR THIRD-PARTY VENDORS OR PARTNERS, INCLUDING ANY THIRD-PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH US (COLLECTIVELY, THE “LAMPO PARTIES”) NOR YOUR EMPLOYER OR PLAN SPONSOR OR THE ENTITY PURCHASING ACCESS, ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF THE SERVICE, OR THIS AGREEMENT.
SUBJECT TO ANY APPLICABLE LAW, YOU AGREE THAT NEITHER THE LAMPO PARTIES NOR YOUR EMPLOYER OR PLAN SPONSOR ARE LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, THIRD PARTIES WE MAY USE IN CONNECTION WITH THE SITE OR SERVICES, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR REVENUE, LOSS OF PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; OR (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE LAMPO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE LAMPO PARTIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SITE AND SERVICES AND ANY ACCESS OR USE THEREOF. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US, ANY OF THE LAMPO PARTIES OR YOUR EMPLOYER OR PLAN SPONSOR OR THE ENTITY PURCHASING ACCESS MORE THAN ONE (1) YEAR AFTER YOUR DISCOVERY OR YOUR BEING MADE AWARE (DIRECTLY OR INDIRECTLY) OF THE ACTUAL OR POTENTIAL BASIS FOR SUCH CLAIM OR CAUSE.
THE MAXIMUM AMOUNT TO WHICH THE LAMPO PARTIES AND ANY EMPLOYER OR PLAN SPONSOR OR THE ENTITY PURCHASING ACCESS MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
To the extent permitted by applicable law, you agree to indemnify and hold the Lampo Parties and Your Employer or Plan Sponsor harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your access or use of the Site, Services, or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
Intellectual Property Rights
The contents of our Services and our Site, including but not limited to its text, videos, graphics, images, logos, button icons, photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and similar laws. Subject to warranty disclaimers contained in this Agreement, the content of and in our Site and Services belongs to us or our third-party licensors or are lawfully licensed to us or such third parties. We grant you the right to view and use the Services subject only to these terms. Subject to any use restrictions herein, you may download or print a copy of information provided on our Site for your personal, noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from our Site or Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted to you herein are exclusively reserved by us. This Agreement in no way transfers ownership in any intellectual property owned or reserved by us.
Governing Law and Venue for Disputes
This Agreement and your relationship with us shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provision. Any dispute with us, or our officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over Williamson County, Tennessee, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties. If you are a nonpaying member, you understand that, in return for agreement to this provision, we are able to offer the Services, without charge to you, and that your assent to this provision is indispensable consideration to this Agreement.
This Agreement will remain in effect until terminated by either you or us as set out below.
If you want to terminate the Agreement with us, you may do so by notifying us via the email or phone contact information located at our Site, closing your account for the Services, and ceasing further access and use of the same.
We may at any time terminate our agreement and/or the Services with you:
- If you have breached or repudiated any provision of this Agreement;
- If we in our sole discretion believe termination is required by law;
- Upon the end of any license term purchased by you or for you; or
- Immediately with or without cause upon notice to the email address provided by you, or on your behalf, as part of your account enrollment or registration information.
Miscellaneous and Entire Agreement
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on our part will not serve as a formal waiver of our rights. Those rights or remedies will still be available to us. All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and its termination. This Agreement contains the entire agreement between you, us and your employer, plan sponsor, or entity purchasing access regarding access and use of the Site and Services and supersedes all prior written and oral understandings and agreements. By using the Services, you warrant and represent that you are competent to enter this binding Agreement.
Agreement, Updates, and Changes
This Agreement may be revised by us from time to time as we add new features and functionality at the Site and to the Services, as laws or regulations change, as industry privacy and security best practices evolve, or anytime or for any reason at our sole discretion. When we do so, we will post the updated policy on this page including date of update. It is your responsibility to return to this page to check for any updates or changes. Your continued access and use of the Site or Services subsequent to any changes or updates to this Agreement constitutes your acknowledgement of, agreement with, and acceptance of such changes and updates.
By using the information, tools, software, features, and functionality, including content, updates, and new releases located on our site, www.everydollar.com (together “EveryDollar”), you agree to be bound by this Agreement, whether you are a visitor to our website or you are a registered “Member” or “Plus Member.” The term “you” or “User” refers to both Members and Users. The term “we” or “us” refers to The Lampo Group, LLC, and its affiliates, parents, and licensors. You must read this Agreement and indicate your acceptance during the registration process.
You cannot use EveryDollar and thus enter into this Agreement if you are not of legal age or otherwise are not competent to form a binding contract. By using EveryDollar and thus entering into this Agreement, you are affirming that you are of legal age and are otherwise competent to enter a contractual relationship with us.
For information about how we protect your personal information and data, please read our Privacy and Security Policy, which is incorporated into this Agreement. The policy may be updated from time to time at our sole discretion. Any changes are effective upon posting to the site. We or our third-party vendors may use anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through use of the Service to conduct certain analytical research, performance tracking, and benchmarking. From time to time, we or our vendors may use summary or aggregate results relating to metrics composed of research data and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will NOT be shared with or sold to third parties.
3. Description of EveryDollar
EveryDollar provides tools that facilitate tracking and consolidation of personal financial information at www.everydollar.com. In addition, EveryDollar gives Members access to trusted personal finance education and a proven process of debt elimination and wealth building. Based on information provided, EveryDollar may also present information relating to other services we offer or third-party products or services (“Special Offers”).
EveryDollar is provided to help in organizing and managing your finances. Members are provided this service for free. Plus Members receive enhanced services on a paid basis. Additional content may be offered to all Members in the nature of general personal finance education and empowerment. Links and promotion of third-party services or products, which may appear from time to time, are paid advertisements. We do not warrant or guarantee the services or products offered by third parties on our site or through EveryDollar.
We work very hard to provide reliable and trustworthy personal finance education and management. However, EveryDollar is not offered as legal, accounting, tax, or other professional advice or service. You should always seek the help of a competent professional to assist and advise on your fact-specific circumstances.
4. Trial Memberships of EveryDollar Plus
All trial memberships for EveryDollar Plus, unless otherwise stated, require a valid debit card for user verification and will automatically convert into a paying membership at the end of said trial period unless “auto-renew” is turned off by the Member in the user settings. If the Member does not turn off auto-renew by the end of the trial period, payment will be processed on the day following the end of the trial period. Any trial membership that does not require payment information during the initial sign-up process will expire at the end of the trial period unless payment is made for continuing the service. If payment is made during the trial period, the payment will be processed the same day but will cover the thirty (30) days after the trial period. Trial periods are limited to one per customer and can vary in length depending on promotions.
At times, various market tests may be conducted, including special promotions. Any User who may receive “plus" features for free as a part of any market testing will be guaranteed those features at no additional charge for a minimum of one (1) year from the time of signing up unless otherwise stated. Depending on the test, Users may not be aware if they are part of a special promotion. Users may contact support at any time to determine if they are part of a special promotion and/or to opt out of the program.
5. Fees and Renewal
We accept Visa or MasterCard debit cards, as well as bank drafts, for payment. We do not accept Discover or American Express. As you probably know, we discourage the use of credit and expect all payments to be made with the equivalent of cash. For more information, please refer to our Debit Card Policy here: https://www.daveramsey.com/company/debit-card-policy/.
If payment attempt is declined, you have thirty (30) days to provide a new card or your EveryDollar Plus membership will be canceled. You are responsible to notify us if you do not want to renew by turning off auto-renew in user settings. We will run a one dollar ($1.00) authorization (displaying as a Pending Transaction) to make sure a debit card is valid. If it is not valid, we will be notified to help you resolve the issue. If it is valid, we will process full payment based on the payment plan you selected, and the authorization charge will be removed within a few business days.
EveryDollar Plus memberships also may be created or extended by redeeming vouchers. Vouchers are nontransferable and may not be sold or exchanged for refunds. Vouchers are valid for thirty (30) days following purchase. Use of vouchers requires an EveryDollar.com account and can be redeemed in user settings. Vouchers require current billing information to be on file at the time of redemption. Redemption of a voucher will automatically activate auto-renew and will create a new renewal date based on the amount of time for which the voucher is good. If you do not desire renewal, please turn off the auto-renew function in your user settings.
6. Account Information From Other Sites
Depending upon the type of membership registered, Members may direct us to retrieve their personal information maintained online by a bank or other third party (“Account Information”). We do not store your Account Information. Instead, we have contracted with a third party to provide connection to financial service providers to access this Account Information. Neither we nor any vendor reviews the Account Information for accuracy, legality, or non-infringement.
We cannot predict technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. For example, Account Information is only as fresh as provided by the bank or other third party. Such information may be more up-to-date when obtained directly from the relevant sites.
7. Offers and Third-Party Links
Our site and parts of EveryDollar may contain links from advertisers and display Special Offers that may be custom matched to you based on information stored in EveryDollar, queries made through EveryDollar, or other information. In connection with Special Offers, EveryDollar may provide links to other web sites belonging to advertisers and other third parties. We do not warrant or guarantee the products or services available through the Special Offers or any other third-party products or services advertised, and we are not a broker or agent for any third party. We do not assume responsibility for the statements made or content of offers or claims in any third-party advertisement.
8. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID email address, allows you to access EveryDollar. Your Login ID, password, email address, and ZIP code of your residence constitute your “Registration Information.”
You agree to receive all required notices electronically at the email address you provide. It is your responsibility to update or change that address as appropriate. Notices will be provided in HTML (or if your system does not support HTML, in plain text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately.
9. Your Use of EveryDollar
Your right to access and use our site and EveryDollar is personal to you, and you may not assign it to any other person or entity. You are entitled to access and use our site for lawful purposes only.
EveryDollar is most effective when accurate information is supplied. You must provide true, accurate, current, and complete information about your accounts maintained at other web sites, as requested in our “Add Account” setup forms, and you may not misrepresent your Registration Information. In order for EveryDollar to function effectively, you also must keep your Registration Information up to date and accurate. Failure to do so will affect the accuracy and effectiveness of EveryDollar.
Your access and use of our site may be interrupted from time to time for any of several reasons, including and without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our site, or other actions that we, in our sole discretion, may elect to take.
We may offer “beta” or trial versions of EveryDollar or special features. You acknowledge that such features are provided “as-is” and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. Your use of any such features is at your own risk.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of EveryDollar, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use in any way the feedback you provide to us. Unless we have your explicit permission, we will not sell, publish, or share your comments or feedback in a way that could identify you.
10. Mobile Device
Use of EveryDollar may be available through a compatible mobile device and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO ANY OF THE FOLLOWING: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
We may from time to time provide automatic alerts and voluntary account-related alerts. We may have "automatic" alerts which are related to account activity but which cannot be disabled. We may also have "voluntary" alerts that can be toggled on/off. These could be transaction-related, user engagement/behavior-related, or product-related; an example may include new feature announcements.
Automatic alerts may be sent to you following certain online changes made to your account, such as a change in your Registration Information.
If available, voluntary account alerts may be turned on by default as part of EveryDollar, but you may customize, deactivate, or reactivate them. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time or cease to provide certain alerts at any time at our sole discretion. Each alert has different options available, and upon activation of your alerts service, you may be asked to select from among these options.
Electronic alerts will be sent to the email address you have provided as your primary email address. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You may also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your debit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time, you may disable future alerts.
You understand that any alerts provided to you through EveryDollar may be delayed or prevented by a variety of factors. We will do our absolute best to provide alerts in a timely manner and with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert, errors in the content of an alert, or actions taken or not taken by you or any third party in reliance on an alert.
12. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other login information, materials, and other content to through EveryDollar, you are licensing that content to us solely for the purpose of providing EveryDollar. Except as otherwise stated in this Agreement, we may use and store the content, but only to provide EveryDollar to you. By submitting this content, you represent that you are entitled to do so, without any obligation on us to pay any fees or other limitations.
By using EveryDollar, you are authorizing us or a third party we may retain to act on your behalf as your agent to access your Account Information being maintained by other identified third parties. When you use the “Add Accounts” feature of EveryDollar, you will be directly connected through a third party to the website for the account you have identified. Our vendor will submit information, including usernames and passwords that you provide, to log you in to the site. You hereby authorize and permit our vendor to use and store information you submit to EveryDollar (such as account passwords and usernames) to accomplish the foregoing and to configure EveryDollar so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of EveryDollar, you grant us and our vendor a limited power-of-attorney and appoint us and our vendor as your attorney-in-fact and agent to access third-party sites and to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR VENDOR ACCESS AND RETRIEVE ACCOUNT INFORMATION FROM THIRD-PARTY SITES, WE OR OUR VENDOR ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that EveryDollar is not sponsored or endorsed by any third parties accessible through the Service.
13. Intellectual Property Rights
The contents of EveryDollar and our site, including its text, graphics, images, logos and button icons, photographs, editorial content, notices, software, and other material, are protected under both United States and other applicable copyright, trademark, and other laws. The contents of our site belong or are licensed to us or our software or content suppliers. We grant you the right to view and use EveryDollar subject to these terms. You may download or print a copy of information provided on our site for your personal, non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from our site in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.
You agree that you will not do as follows:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or any portion of our site without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our site, other than the search engines and search agents available through EveryDollar, and other than as generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our site or EveryDollar; or
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our site or EveryDollar.
15. Rules for Posting
As part of EveryDollar, we may allow Members to post content on bulletin boards, blogs, and at various other publicly available locations on our site. In posting content, you agree as follows:
- You are responsible for all content you submit to our site.
- By submitting content, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with our site and our business, including without limitation, for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through our site and to use, reproduce, distribute, prepare derivative works of, display, and perform such content as permitted through the functionality of our site and under this Agreement.
- You may not post or transmit any message that is libelous, defamatory, or discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program that we determine to be indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law, or that is otherwise inappropriate.
- You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of EveryDollar, including without limitation, disrupting the normal flow of dialogue in an interactive area of our site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on EveryDollar infrastructure or that negatively affects the availability of EveryDollar to others.
- Except where we expressly permit it, you may not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other Users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of our site that may be designated for that purpose is between you and that employer, employee, or contractor alone and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through EveryDollar are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of EveryDollar, other products or services, or advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty-free license to use in any way the feedback you provide to us.
16. Social Media Sites
17. No Warranty
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SITE OR PROVIDED THROUGH EVERYDOLLAR ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SITE OR OF EVERYDOLLAR. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF EVERYDOLLAR, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH EVERYDOLLAR IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
18. Not a Financial Planner, Broker, or Tax Advisor
THE LAMPO GROUP, INC., ITS AFFILIATES, AND EVERYDOLLAR DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. EveryDollar is intended only to assist you in your general personal finance organization and decision- making. Your personal situation is unique and fact-dependent. Thus, any information and advice obtained through EveryDollar may not be appropriate for your particular 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 advisors who are fully aware of your individual circumstances.
YOU ACKNOWLEDGE AND AGREE THAT EVERYDOLLAR, THE SOFTWARE, AND ANY THIRD-PARTY SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” THE LAMPO GROUP, INC., ITS AFFILIATES, ANY THIRD-PARTY VENDOR, AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO EVERYDOLLAR, THE SOFTWARE, OR ANY THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF EVERYDOLLAR, THE SOFTWARE, OR THIRD-PARTY SERVICES WILL BE AT YOUR SOLE RISK. THE LAMPO GROUP, INC., ITS AFFILIATES, AND ITS (i) LICENSORS AND (ii) THIRD-PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF EVERYDOLLAR, THE SOFTWARE, OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT EVERYDOLLAR WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF EVERYDOLLAR OR THIRD-PARTY SERVICES.
20. LIMITATION OF LIABILITY AND INDEMNITY
20.1 YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT EVERYDOLLAR, THE LAMPO GROUP, INC., ITS AFFILIATES, AND ITS EMPLOYEES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN BASIC PERSONAL FINANCE MANAGEMENT AS DESCRIBED HEREIN.
20.2 NEITHER THE LAMPO GROUP, INC., ITS AFFILIATES, OR ANY THIRD-PARTY VENDOR SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF EVERYDOLLAR, OR THIS AGREEMENT.
20.3 SUBJECT TO APPLICABLE LAW, THE LAMPO GROUP, INC., AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE LAMPO GROUP, INC. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE LAMPO GROUP, INC. AND ITS AFFILIATES AND VENDORS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO EVERYDOLLAR AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR OUR AFFILIATES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
20.4 THE MAXIMUM AMOUNT TO WHICH THE LAMPO GROUP, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY VENDORS MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED (i) IN THE CASE OF PLUS MEMBERS, THE AMOUNT OF FEES YOU PAID TO US FOR THE SERVICE IN THE PRECEDING TWELVE (12) MONTHS, OR (ii) IN THE CASE OF ALL OTHER USERS AND MEMBERS, FIVE HUNDRED DOLLARS ($500.00).
20.5 You agree to indemnify and hold The Lampo Group, Inc., its Affiliates, Officers, Agents, Employees, and Third-Party Vendors harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of EveryDollar or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
This Agreement will remain in effect until either you or we terminate it under either of the following circumstances:
- You have breached or repudiated any provision of this Agreement; or
- We in our sole discretion believe termination is required by law.
You may also terminate this Agreement by closing your EveryDollar account.
We may immediately terminate this Agreement upon giving notice to you at the email address you provide as part of your Registration Information.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use EveryDollar after those changes are posted.
23. Governing Law and Forum for Disputes
This Agreement and your relationship with us shall be governed by the laws of the state of Tennessee without regard to its conflict or choice of laws provisions. Any dispute with us or our officers, directors, employees, agents, or affiliates arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over Williamson County, Tennessee, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties. If you are a nonpaying User, you understand that, in return for agreeing to this provision, we are able to offer EveryDollar to you without charge and that your assent to this provision is an indispensable consideration to our entering this Agreement with you.
If any arbitrator or court of competent jurisdiction deems any portion of this Agreement unlawful, void, or unenforceable, only that portion that is unlawful, void, or unenforceable shall be stricken and the remainder of the Agreement shall remain in full force and effect.
If we delay or do not exercise or enforce any legal right or remedy that is contained in the Agreement, such delay or failure to exercise that right or remedy in one instance shall not constitute a waiver of any right or remedy granted to us by this Agreement or at law.
All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of the terms of this Agreement and its termination.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same and supersedes all other previous agreements.
25. The App
You can download a companion app to EveryDollar from the Apple App Store®, and upon payment of the applicable fee, we will provide you with an up-to-date snapshot of your finances, such as the following:
- Notifying you when you have a new transaction or account alert.
- Providing you with quick access to your financial information.
- Syncing with EveryDollar on the web and your mobile device.
You are solely responsible for any fees you incur or any third party, such as Apple, charges you in connection with your download and use of the App. We will not refund any payments you make to third parties for your use of the App.
26. Apple® Requirements
If you downloaded the EveryDollar App from the Apple App Store®, the following terms also apply to you:
a. Acknowledgement: You acknowledge that this Agreement is between you and us only, that Apple is not a party to this Agreement, and that we, and not Apple, are responsible for EveryDollar and the content thereof.
b. Scope of License: The license granted to you for EveryDollar is a limited, non-transferable license to use EveryDollar on an Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
c. Maintenance and Support: We, and not Apple, are solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to EveryDollar. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to EveryDollar.
d. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
e. Product Claims: We, not Apple, are responsible for addressing any User or third-party claims relating to the Software or the User’s possession and/or use of the Software, including, but not limited to the following: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes upon that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g. Legal Compliance: You represent and warrant as follows: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Developer Contact Info: Direct any questions, complaints, or claims to: The Lampo Group, LLC, 1100 Reams Fleming Boulevard, Franklin, Tennessee 37064.
i. Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using EveryDollar.
j. Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that upon your acceptance of the terms and conditions of the Agreement, Apple, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you.
EveryDollar’s platform relies upon the AWS cloud infrastructure. For details about the security of this platform, please visit https://aws.amazon.com/security. Additional information on compliance of AWS is found here: https://aws.amazon.com/compliance.
Last updated: May 20, 2021