Terms of Service
UPDATED AS OF May 29, 2015
Cashpath Financial, LLC, (‘Cashpath”, “we”, “us”, “our”) provides its cash flow management products and services to you through its website located at www.cashpath.com and www.numys.com (the “Site”) and its mobile application know as the “numys CFM App” (the “Product”) (collectively, such services, including any new features, the Site and the Product, along with all content made available through the Site and the Product (excluding User Content, as defined below) are referred to as the “Service”), subject to this Terms of Service Agreement (as amended from time to time, the “Agreement”). We reserve the right, at our sole discretion, to change, modify, add or delete portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future versions of this Agreement, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Access and Use of the Service
Your Registration Obligations: You are required to register with Cashpath in order to access and use the Service and certain features. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to up-date your registration as needed to ensure Cashpath has accurate and up-to-date registration information.
Customer Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Cashpath of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Cashpath will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Cashpath reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cashpath shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to receive and reply to messages and receive and send text messages from a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to download and use the Product on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Cashpath and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
2. Usage Rights and Intellectual Property Rights.
2.1 Use of the Service and Restrictions. You shall ensure that You use the Service solely in accordance with the terms and conditions of this Agreement. You are permitted to use content delivered to you through the Service only in connection with your own personal (non-commercial) use of the Service. You shall not copy or use or make available in any way directly or indirectly or in whole or in part the Service, any information provided by with or through the Service, in whole or in part, for any purpose to any other person. You shall take reasonable measures to ensure that the Service will not in whole or in part be made available or disclosed to or used by others. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any applets associated with the Service.
2.2 Intellectual Property Rights. The Service is and shall remain the exclusive property of Cashpath and/or its licensors and all copyrights, trade secret rights, and other intellectual property rights with respect thereto, are and will at all times be the property of Cashpath and/or its licensors, even if Feedback (as defined below) made by You are incorporated into subsequent versions of the Service.
2.3 Feedback. You may provide Cashpath with feedback, comments, input and/or suggestions regarding the Service and the use of the Service in its environment including but not limited to its functionality, ease of use, problems, ideas for enhancement and overall value it provides to their business (the “Feedback”). You hereby assign and do agree to assign to Cashpath all right, title and interest to such Feedback and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
2.4 Trademarks. The Cashpath name and logo are trademarks and service marks of Cashpath (collectively the “Cashpath Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cashpath. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Cashpath Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Cashpath Trademarks will inure to our exclusive benefit.
3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS. CASHPATH, ITS LICENSORS AND DATA PROVIDERS (INCLUDING, WITHOUT LIMITATION, THE AGGREGATORS, AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS 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, NONINFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CASHPATH AND ITS AGGREGATORS 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, OR (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 CASHPATH OR ITS AGGREGATORS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF CASHPATH, ITS LICENSORS, CONTENT PROVIDERS AND/OR AGGREGATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND/OR EMPLOYEES OR AGENTS (COLLECTIVELY, THE “CASHPATH PARTIES”) 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, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE APPLICABLE CASHPATH PARTY 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, (iii) ANY PRODUCTS, DATA, INFORMATION OR PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL CASHPATH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
5. Indemnification. You agree to indemnify, defend and hold harmless the Cashpath Parties from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
6. Content You Provide. You are licensing to Cashpath, its licensors and aggregators (as defined below) any information, data, passwords, materials or other content (collectively, “User Content”) that you provide through or to the Service. Cashpath, its licensors and aggregators may use, modify, display, distribute and create new material using such User Content to provide the Service. By submitting User Content, you automatically agree that you have the right to make available the User Content through this Service and to grant the aforementioned license rights.
7. Third Party Websites and Services. The Service may provide, or third parties may provide, links to other sites and resources on the Internet. Cashpath has no control over such sites and resources and Cashpath is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Cashpath shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
8. Transaction Aggregators and Third Party Accounts. To provide the Service, Cashpath integrates with software systems of certain data and/or transactions Aggregators (“Aggregators”) including, without limitation, Yodlee Inc. and Plaid Technologies Inc. You agree that Cashpath’s Aggregators are a third party beneficiary of the above provisions, with all rights to enforce such provisions as if such Aggregators were a party to this Agreement. By using the Service, you authorize Cashpath and its Aggregators to access and use third party sites and services 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 Cashpath and its Aggregators a limited power of attorney, and you hereby appoint Cashpath and its Aggregators 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 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 CASHPATH OR ITS AGGREGATORS ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES AND/OR SERVICES, CASHPATH AND ITS AGGREGATORS 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. You acknowledge that through the use of this Service, Cashpath shall have access to your account credentials, including, but not limited to login username and passwords.
9. Arbitration. At Cashpath’s or your election, all disputes, claims, or controversies arising out of or relating to this Agreement or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before J.A.M.S or its successor. Cashpath shall advance the costs of such binding arbitration, but you agree that should Cashpath prevail in the arbitration, Cashpath is entitled to reimbursement of all costs. Unless otherwise agreed by the parties, arbitration will be held in Hartford, CT before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S. and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S. unless specifically modified in the Agreement. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will have the power to order the production of documents by each party and any third-party witnesses. In addition, each party may take up to three (3) depositions as of right, and the arbitrator will not have the power to order the answering of interrogatories or the responses to requests for admission or the inspection of premises. In connection with any arbitration, each party must provide to the other, no later than ten (10) business days before the date of the arbitration, the identity of all persons that may testify at the arbitration, a copy of all documents that may be introduced at the arbitration or considered or used by a party’s witness or expert, and a summary of the expert’s opinions and the basis for said opinions. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory damages set forth in the Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Agreement, and each party hereby irrevocably waives any claim to such damages. The parties covenant and agree that they will participate in the arbitration in good faith. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
10. General. Neither party is the agent, representative or partner of the other party. This Agreement shall be binding on the parties and their successors and permitted assigns. No delay or omission by either party hereto to exercise any right occurring upon any non-compliance or default of the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision or provisions of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. All notices and demands hereunder shall be in writing via email. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever or to explain, modify, or place any construction on any of the provisions of this Agreement.
You acknowledge and agree that the copying, disclosure or unauthorized use of the Service in a manner inconsistent with any provision of this Agreement shall cause irreparable injury to Cashpath for which Cashpath will not have an adequate remedy at law. Accordingly, Cashpath shall be entitled to equitable relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including, without limitation, the obligations regarding confidentiality, publicity and limitations of liability, shall survive termination or expiration of this Agreement.
This Agreement sets forth the entire agreement among the parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, among the parties.