Yodlee MoneyCenter TERMS OF USE - Jan 2011

You can view the 2010 TOS here

Yodlee MoneyCenter TERMS OF USE
Updated January 26, 2011

Welcome to Yodlee. We are glad that you have decided to join our service. We look forward to your involvement with our web site. Before you begin setting up your Yodlee MoneyCenter account and using our service, please take a moment to review these Terms of Use ("Terms"). These Terms are an agreement between you and Yodlee for the Yodlee PersonalFinance and the Yodlee DirectPay services that are provided to you by Yodlee. The Yodlee BillPayment service is provided to you by Bancorp Bank (the "Processor Bank") and these Terms are an agreement between you and the Processor Bank with respect to the BillPayment services.Third Party Developer FinApps are provided to you by Third Party Developers and these Terms are an agreement between you and the Third Party Developer with respect to Third Party Developer FinApps.

The Yodlee PersonalFinance, Yodlee DirectPay, and Yodlee BillPayment services are collectively referred to as "Yodlee MoneyCenter" in these Terms.
PART I – REGISTRATION FOR Yodlee MoneyCenter

1.
Acceptance of Terms.

When you click on the "I Accept" button below, you agree to these Terms. If you do not agree to all of these Terms, click on the "I Decline" button below. If you do not accept these Terms, you will not be entitled to use the Yodlee MoneyCenter. We reserve the right at our discretion to make changes to these Terms. Upon any change, Yodlee will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. Yodlee MoneyCenter thereafter, your continued use of the Yodlee MoneyCenter constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of the Yodlee MoneyCenter.

Also, when using or accessing services offered through your third party service providers, you will be subject to terms posted by your service providers. Use of their services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.

In order to register or use Yodlee MoneyCenter, you must be at least 18 years old, a United States resident and legally capable to enter into contracts. To make credit/debit card payments, you must have a Payment Card issued in your name on which you are an account holder or authorized user. To make standard or expedited payments from your checking account, you must have a Checking Account or DDA issued in your name on which you are an account holder or authorized user. You may only use Yodlee MoneyCenter for personal or individual use. Except solely for use of the Yodlee Registered Payment Center, as more particularly described below, you may not use Yodlee MoneyCenter on behalf of any business, partnership, corporation, proprietorship or other entity. You may not resell or otherwise provide other persons with access to the Yodlee MoneyCenter using your password or user names. The terms "you" and "user" refers to the person that registers for the Yodlee MoneyCenter.
2.
Benefits of Joining.
1. Yodlee MoneyCenter consists of personal financial management services that allows users to consolidate and manage their information on the web, make online card payments to selected online Merchants Payees including billers, prepaid service providers, and charities, and make online bill payments from checking accounts to managed electronic and unmanaged paper payees.
2. With Yodlee's services, users may view, maintain and share information stored at various web sites through Yodlee MoneyCenter. The auto-registration feature allows users to enroll at merchant online sites without leaving the Yodlee MoneyCenter and may use the user's personal information stored on the Yodlee MoneyCenter. Users may be asked to provide additional information to complete the registration process. Utilization of this feature requires that the user accepts the online Merchant Payee's terms and conditions. Upon successful enrollment, Yodlee will generate and store the login credentials (username/password) for that Merchant Payee site on the user's behalf.
3. The Yodlee MoneyCenter tools and services are currently free of charge. Yodlee reserves the right to charge fees for these services in the future.
3.
Service Limitations, Beta Service.

We will try very hard to make your experience with Yodlee a productive one. However, we cannot always foresee or anticipate technical or other difficulties. The Yodlee MoneyCenter Service may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Yodlee MoneyCenter is provided "AS-IS", without warranties of any kind. Yodlee cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.
4.
Service Changes and Discontinuation

Yodlee reserves the right to change or discontinue, temporarily or permanently, the Yodlee MoneyCenter Service at any time without notice. You agree that Yodlee will not be liable to you or any third party for any modification or discontinuance of the Yodlee MoneyCenter Service. Although Yodlee has commercially released prior versions of the Yodlee MoneyCenter Service available on this site, it is under no obligation to continue to do so. Yodlee reserves the right to alter features, licensing terms, or other characteristics of any version of beta services that it releases.
5.
Cancellation.

You may cancel your Yodlee user registration at any time by sending a request for cancellation to Yodlee Support at customercare@Yodlee.com. Upon confirmation of your request, your Yodlee MoneyCenter account will be cancelled. Please keep in mind that extended periods of inactivity may also result in your Yodlee MoneyCenter account being cancelled. If you use the BillPayment Service and your service account is suspended or cancelled, be aware that this may result in any Scheduled Payments also being suspended or cancelled. If you use the Registered Payment Center Service and your service account is suspended or cancelled, pending electronic payments may not be processed.
6.
Rules of the Road

For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road". Any conduct that violates the Rules of the Road is grounds for termination of your Yodlee MoneyCenter services account.
1. Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites, as requested in Yodlee's registration form and account setup forms and you agree to not misrepresent your identity or your account registration information. Accurate records enable us to provide the Yodlee MoneyCenter Service to you. You agree to keep your registration and account information up to date and accurate. Failure to provide accurate and complete information during registration may prohibit the use of the Yodlee MoneyCenter Service or result in errors in your requested Bill Payments. You also certify that any payment account you register with the Yodlee MoneyCenter Service is issued in your name and is an account that you are authorized to use. This registration information may include your passwords and user names for the third party web sites, such as your Merchant Payee, banks, or credit card services. Yodlee (including its service providers and agents) and the Processor Bank will have access to this information and use this information for providing the Yodlee MoneyCenter Service and accessing Merchant Payee web sites and other web sites on your behalf.

2. Guard Your Password. You will choose a password when registering. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time. This also applies to any passwords required for use of other services provided by Yodlee partners.

3. Customer Service Requests. If you request customer service assistance or report a problem with the MoneyCenter Service, it may be necessary for Yodlee to access your account and view your MoneyCenter Service account information.

4. Share Your Accounts Responsibly. Yodlee MoneyCenter allows you to share your personal accounts with other users. It is your responsibility to choose with whom you will share your personal accounts and to set your permissions for each individual designated recipient carefully. Depending on the permissions you set, that designated recipient will be able to see your account information, including individual transactions, and be able to control your personal accounts to the same extent as you can control them through Yodlee MoneyCenter. You agree that you will indemnify and hold Yodlee harmless from any harm or consequence of any kind that is a result of you sharing your account information with any other person or entity in any manner. It is your responsibility to enter all of the information accurately. You will be prompted to create, enter, and share a secret (known as shared secret) to establish a relationship between your account and the designated recipient. The shared secret is a value to ensure that only the intended recipient can complete the sharing process to have access to your personal accounts. You are required to share your secret with your designated recipient offline. As the 'owner' of the account, you can establish, modify, or remove the level of access to your account by designated recipients at anytime. If you are the recipient, you will be required to enter the shared secret during the final step of the sharing process and must take the same cautions with the shared account as you do your own personal accounts. If you are the designated recipient you agree to indemnify and hold Yodlee harmless from any harm or consequence of any kind that is a result of sharing an account owner's account information.

5. Obey the Law. You agree not to use the Yodlee MoneyCenter Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others) invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

6. Restrictions on Commercial Use or Resale. Your right to use the Yodlee MoneyCenter Service is personal to you; therefore, you agree not to resell or make any commercial use of the Yodlee MoneyCenter Service.

7. Proprietary Rights. You acknowledge and agree that Yodlee and/or its licensors or suppliers own all rights to this Website, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Yodlee MoneyCenter Service. You are only permitted to use any the foregoing as expressly authorized by these Terms and otherwise by the Yodlee MoneyCenter Service. You may not copy, reproduce, distribute, or create derivative works from any content. If you access Zillow content, you agree that you will not use Zillow data for any other purpose than for your individual use. Further, you agree not to reverse engineer or reverse compile any technology associated with the Yodlee MoneyCenter Service, including but not limited to, any software applications or Java applets associated with the Yodlee MoneyCenter Service or any other Yodlee service and FinApps.
7.
Rights You Grant to Yodlee.
1. Content You Provide. Subject to Yodlee's Privacy Policy, you are licensing to Yodlee any information, data, passwords, materials, or other content you provide to Yodlee and the Yodlee MoneyCenter Service or that is retrieved from third party sites at your request (collectively, "Content"). Yodlee may use, modify, display, distribute and create new material using such Content to provide the Yodlee MoneyCenter Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Yodlee may use the Content for the purposes set out above. In addition, Yodlee welcomes your feedback as a user of this beta service. Any feedback you provide will become the confidential and proprietary information of Yodlee, and you agree that Yodlee may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you provide relating to Yodlee. Yodlee shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to, incorporation of such feedback into Yodlee or other Yodlee software or services.

2. Yodlee Revenues and Advertising. Yodlee may rely on advertisers to help fund the Yodlee MoneyCenter Service that we offer to our users. In order to continue our free service, you agree that Yodlee may display advertisements and promotions of all kinds in and with the Yodlee MoneyCenter Service. You understand that Yodlee may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties.

3. Customer Service Efforts. If you request customer service or other assistance from Yodlee, you acknowledge and agree that Yodlee is authorized to access and view your MoneyCenter pages and information to provide such assistance and support.
8.
Yodlee MoneyCenter Beta.

You acknowledge that the Yodlee MoneyCenter Service, including the service offered on the beta.Yodlee.com site are all beta versions and contain features that have not been made available for general release. By using the Yodlee MoneyCenter Service, the beta and/or any of their related functionality, you acknowledge that the services may not have been fully security tested nor certified by Yodlee. Your use of any Yodlee MoneyCenter Service, including, but not limited to, providing personal data and any other information submitted or collected in connection therewith is done solely at your own risk. By using the Yodlee MoneyCenter Service and its beta version, you agree to hold Yodlee harmless for any losses you incur from the use thereof.



PART II – Yodlee PERSONALFINANCE TERMS

Yodlee PersonalFinance is an online service that allows users to consolidate their personal financial information in a single place and perform budgeting activities. The terms and conditions in this section apply to your use of Yodlee PersonalFinance.

1.
Bill Delivery and Presentment

You may use the Yodlee MoneyCenter to request presentment of electronic bills from Payees. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payee directly if you do not receive your Payee statement.

By registering for and using the Yodlee MoneyCenter to request presentment of electronic bills, you authorize and permit Yodlee (including its service providers and agents) to undertake the following actions on your behalf:
1. Access third party web sites, including web sites maintained by Payees designated by you, to retrieve your account and billing information; and

2. Use information submitted by you to Yodlee (such as account passwords and users names) to provide Yodlee MoneyCenter and to configure the services.

Yodlee may disclose your name, user name, and user passwords that you provided during registration to third party web sites, so that Yodlee can obtain the information you requested and display it to you in connection with the Yodlee MoneyCenter. When you register for the Yodlee MoneyCenter, you authorize Yodlee to disclose such information in order to provide the Yodlee MoneyCenter.

You acknowledge and agree that for the limited purposes described in this section of the Terms, Yodlee shall be acting on your behalf and as agent for you, and the acts of Yodlee undertaken on Payee and other third party web sites to provide you with the Yodlee MoneyCenter shall be deemed to be actions taken by you.

The Yodlee MoneyCenter is not able to update or change your personal information, such as, but not limited to, name, address, phone number(s) and e-mail address(es), that you have established with the electronic Payee. Any changes to such information will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all user names and passwords for the electronic Payee site. You also agree not to use someone else's information to gain unauthorized access to another person's bill.

Upon activation of the electronic bill presentment feature, Yodlee may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary and may take up to sixty (60) days, depending on the billing cycle of the Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. It is your responsibility to keep your accounts current. A Payee may deny your request to receive electronic bills. In some instances, if you have made a Payment to a Payee through the BillPayment Service, the Payee may elect to send your bills or monthly statement(s) to you electronically.

Yodlee will endeavor to present all of your electronic bills promptly through the Yodlee MoneyCenter. In addition to notification within the Yodlee MoneyCenter website, Yodlee may send an e-mail notification to the e-mail address listed for your Yodlee MoneyCenter account. It is your sole responsibility to ensure that this contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Yodlee MoneyCenter website and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills, regardless of whether or not Yodlee is able to present the electronic bills to you on a timely or complete basis. You agree to hold Yodlee and its service providers harmless should Yodlee or a Payee fail to deliver your monthly statement(s) or bill(s), or otherwise delay in such delivery. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

Yodlee is not responsible for the underlying accuracy of your electronic bill(s). Yodlee is only responsible for accurately presenting the information that Yodlee receives or obtains from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. These Terms do not alter your liability or obligations that currently exist between you and your Payee(s).
2.
Third Party Accounts.

By using the Yodlee MoneyCenter Service, you authorize Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you. You hereby authorize and permit Yodlee to use information submitted by you to the Yodlee MoneyCenter Service (such as account passwords and users names) to accomplish the foregoing and to configure the Yodlee MoneyCenter Service so that it is compatible with the third party sites for which you submit your information. For all purposes hereof, you hereby grant Yodlee a limited power of attorney, and you hereby appoint Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Yodlee IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, Yodlee IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Yodlee's third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

Except for those relationships, you understand that Yodlee has no relationship to, affiliation, or connection with any third party sites available for use with the Yodlee MoneyCenter Service. The Yodlee MoneyCenter Service is not endorsed or sponsored by any such account providers. You agree that Yodlee assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site.You acknowledge and agree that Yodlee may not maintain the same level of security against unauthorized access to your account information as the third party sites from which you authorize Yodlee to retrieve information on your behalf.
3.
Categorization of Transactions, Accounts or Other Information.

The categorization in the Yodlee MoneyCenter Service is an estimated categorization provided for your information only, and does not indicate accurate status of any transaction, account or other information. You agree that you will not rely on the categories provided in Yodlee MoneyCenter or set by you for any purpose, including without limitation, for tax deductions.
4.
Tax Center.

By using the Yodlee MoneyCenter Service, you authorize and permit Yodlee to share information submitted by you and information that was retrieved from third party sites at your request with our partner H&R Block Tax Group ("HRB"). HRB will use such information to provide an estimate of your taxes by analyzing specific transactions and other information. The TaxCenter estimation feature is provided only for information purposes. You agree that you will not rely on tax estimations provided in Yodlee MoneyCenter Service for any purpose.



PART III – Yodlee DIRECTPAY SERVICE TERMS

Yodlee DirectPay is an online service that allows users to make card payments via the websites of Payees. The terms and conditions in this section apply to your use of Yodlee DirectPay.

1.
Definitions

The following defined terms apply to the DirectPay Service:
1. "Billing Invoice" is a bill, invoice or other statement that you receive (either electronically or by postal mail) from a Payee and that you are seeking to authorize payment for using the DirectPay Service.
2. "Bill Payment" is a charge to your Payment Card initiated by a Payee to collect all or a portion of the amount due on a Billing Invoice.
3. "Due Date" is the date on which payment is due to a Payee, as indicated on the Billing Invoice.
4. "Payee" is the merchant or other entity that you seek to authorize to complete a Bill Payment using the DirectPay Service.
5. "Payment Card" is the credit card account your financial institution that you register with the DirectPay Service and which the Payee will charge to complete a Bill Payment.
6. "Payment Instruction" is the instruction provided by you to the DirectPay Service to request the DirectPay Service to register you for a payment on the Payee web site.
7. "Recurring Bill Payment" is a Bill Payment that you authorize the Payee to initiate on a recurring (such as every month) basis. Recurring Bill Payments can be registered with a Payee, if permitted by Payee. If Payee does not permit Recurring Bill Payments, Yodlee will register you on a recurring basis for single Bill Payments with the Payee according to the schedule you request.
8. "Scheduled Payment" is a Bill Payment that has been scheduled with the DirectPay Service but has not been processed or registered with the Payee.
9. "Scheduled Payment Date" is the day you select for the DirectPay Service to authorize, on your behalf, a Payee to initiate a Bill Payment. If the Scheduled Payment Date falls on a non-Business Day, the DirectPay Service will authorize the payment on the previous Business Day.
2.
Permission to Access Your Account Information

By registering for and using the DirectPay Service, you authorize and permit Yodlee (including its service providers and agents) to undertake the following actions on your behalf:
1. Access third party web sites, including web sites maintained by the Payees designated by you, to retrieve your account and billing information;
2. Use information submitted by you to the DirectPay Service (such as account passwords and users names) and to configure the DirectPay Service so that it is compatible with the third party web sites for which you submit your information;
3. Register you on a Payee’s web site for a Bill Payment and take all actions necessary to authorize the Bill Payment; and
4. Transfer your Payment Card and other registration information to a Payee as necessary to register you for a Bill Payment on the Payee web site.

In order to provide you with the DirectPay Service, Yodlee must collect, on your behalf, your account and other personal information from third party web sites and other Internet Services that you register with the DirectPay Service. For example, Yodlee will collect the transactional and payment information regarding your Payment Card and your Billing Invoices from Payees in order to display it to you on the DirectPay Service and to facilitate your authorization of Bill Payments through the DirectPay Service.

Yodlee may disclose your name, user name, and user passwords that you provided during registration to third party web sites, so that the DirectPay Service can obtain the information you requested and display it to you on the DirectPay Service. When you register for the DirectPay Service, you authorize Yodlee to disclose such information in order to provide the DirectPay Service.

You acknowledge and agree that for the limited purposes described in these Terms, Yodlee shall be acting on your behalf and as agent for you, and the acts of Yodlee undertaken on Payee and other third party web sites to provide you with the DirectPay Service shall be deemed to be actions taken by you.
3.
Authorization of Bill Payment

The DirectPay Service is a bill payment and information management Service that assists you in centralizing and controlling your payments to multiple Payees through the single web site of the DirectPay Service. Yodlee does not charge your Payment Card or other bank account to make a payment to a Payee, and Yodlee is not responsible for payment of your Billing Invoices.

As described below, Yodlee, at your instruction, uses your account and other registration information to register you for Bill Payments on a Payee’s web site and provides you with information regarding these registered Bill Payments. All Bill Payments are processed directly by the Payees, and are charged to your Payment Card by the Payees.

When you submit an instruction to the DirectPay Service to authorize a Bill Payment on your behalf, the DirectPay Service will: (i) log into the Payee web site using the user name, password and other credentials that you have previously provided to the DirectPay Service; (ii) once logged into the Payee website, register your Payment Card, Billing Invoice data, and other information as necessary for the Payee to initiate a charge to your Payment Card to pay the amount due to the Payee under the Billing Invoice; (iii) return a confirmation to you that the DirectPay Service has registered you for a Bill Payment through the Payee.

When you use the DirectPay Service to make a Bill Payment, you must select a Scheduled Payment Date that is no later than the actual Due Date, as stated on the Billing Invoice. Scheduled Payment Dates should be prior to any late date or grace period. The DirectPay Service will register you for a Bill Payment on the Scheduled Payment Date. However, the Payee is responsible for initiating the charge to your Payment Card and for posting the received funds to your account with the Payee. As such, Yodlee cannot guarantee that a payment will be posted to your account with the Payee on the Scheduled Payment Date. Yodlee recommends that you schedule a Bill Payment a number of days prior to the Due Date in order to ensure that your payment is processed and posted to your account with the Payee on a timely basis.

Yodlee will not be responsible for any charges, including applicable finance charges and late fees, imposed or any other action taken by a Payee resulting from a Bill Payment that you have not scheduled properly with sufficient time for either Yodlee or the Payee to process on a timely basis. Yodlee also is not responsible in the event a Payee refuses to process a Bill Payment that has been requested by you through the DirectPay Service.
4.
Refunds or Reversals of completed Bill Payment

You cannot use the DirectPay Service to request a refund, cancellation, correction, or reversal of a completed Bill Payment. In such situations, you will need to contact a Payee’s Customer Service in order to request refund, cancellation, correction, or reversal to a completed Bill Payment. If the Payee cannot, or is unwilling, to assist you with a request for a refund, cancellation, correction, or reversal of a completed Bill Payment, you should contact Yodlee’s Customer Service to determine if Yodlee is able to provide additional assistance.
5.
Dispute Resolution

In the event of a dispute regarding the DirectPay Service, you and Yodlee agree to resolve the dispute in accordance with the terms of these Terms. If you dispute a Bill Payment made from a Payment Card, you acknowledge that you must request the dispute (including, but not limited to, chargeback or fraud) to be handled by the issuer of the Payment Card. In addition, you may need to contact a Payee regarding an error in a Bill Payment that is the responsibility of the Payee. Yodlee is not responsible for any research or resolution of credit card payment disputes or disputes with Payees.



PART IV – Yodlee BILLPAYMENT SERVICE TERMS

Yodlee BillPayment Service is an online service that allows users to make bill payments to Payees. The terms and conditions in this section apply to your use of Yodlee BillPayment.

1.
Definitions

The following defined terms are applicable to the BillPayment Service :
1. "Bill Payment" or "Payment" is a transaction that is initiated by you through the BillPayment Service to send funds to a Payee.
2. "Billing Account" is your checking account at Processor Bank from which all BillPayment Service fees will be automatically debited.
3. "Billing Invoice" is a bill, invoice or other statement that you receive (whether electronically or in paper form) from a Payee and that you are seeking to pay using the BillPayment Service.
4. "Business Day" is every Monday through Friday, excluding holidays designated by Bancorp Bank Processor Bank.
5. "Due Date" is the date reflected on your Billing Invoice for which the Bill Payment is due; it is not the late date or grace period.
6. "Payee" is the entity to which you wish a Payment to be directed through the BillPayment Service.
7. "Payment Account" is your checking account at Processor Bank from which Payments will be debited.
8. "Payment Instruction" is the information provided by you to the BillPayment Service for a Payment to be made to a Payee (such as, but not limited to, Payee name, Payee account number, Payment amount, and Scheduled Payment Date).
9. "Payment Cut-off Time" is the time after which you will not be able to edit or cancel a Scheduled Payment directed to a particular Payee.
10. "Scheduled Payment" is a Bill Payment that has been scheduled through the BillPayment Service but has not begun processing.
11. "Scheduled Payment Date" is the day you select for the BillPayment Service to deliver, on your behalf, a Payment to a Payee. Available Scheduled Payment Dates are subject to the Bill Payment Scheduling requirements below. If the Scheduled Payment Date falls on a non-Business Day, the BillPayment Service will automatically schedule to deliver the Payment on the previous Business Day, subject to the Bill Payment Scheduling requirements below.
12. "Scheduled Processing Date" is the day you select for the BillPayment Service to begin processing the Payment. If the Scheduled Processing Date falls on a non-Business Day, the BillPayment Service will automatically schedule to process the Payment on the previous Business Day, subject to the Bill Payment Scheduling requirements.
2.
Role of Processor Bank

All bill payment services under the BillPayment Service are provided to you directly by the Processor Bank. The Processor Bank is responsible the debiting and crediting of your funding account.

Yodlee provides certain information reporting services and transaction processing services to the Processor Bank in support of the Bill Payment Services. Yodlee customer service will research and investigate with the Processor Bank complaints or inquiries from you regarding your bill payments, as described in these terms of service.

Yodlee is not a bank, savings association or any other type of depositary institution, and your Yodlee MoneyCenter account is not a bank account or other type of deposit account. Yodlee does not accept funds from you for purposes of transfer or for deposit. Yodlee is not responsible for the completion of a requested bill payment under these Terms.
3.
Registration Information

In order to use the BillPayment Service, you must provide all information about you, your Payment Account, and other information that is requested during the registration process. You also will be required to provide information regarding your accounts with Payees when scheduling a Bill Payment or setting up a Payee with the BillPayment Service. This information must be accurate and complete, and you agree to update registration information as necessary to keep it accurate and complete. This registration information may include your passwords and user names for the third party web sites, such as your Payees, banks or credit card services. Processor Bank (including its service providers and agents) will have access to this information and use this information for providing the BillPayment Service and accessing Payee web sites and other web sites on your behalf. You certify that any Payment Account you register with the BillPayment Service is in your name and is a checking account that you are authorized to use. You agree that you will not misrepresent your identity or other registration information. Failure to provide accurate and complete information during registration may prohibit the use of the BillPayment Service or result in errors in your requested Bill Payments.
4.
Payment Authorization and Payment Remittance

By providing Yodlee with account information of the Payee to which you wish to direct Payments, you authorize Yodlee to initiate and complete the Payment Instruction that Yodlee receives through the BillPayment Service from you. In order to process a Payment more efficiently and effectively, Yodlee may edit or alter payment data or data formats in accordance with Payee directives or requirements of a payment system. When Yodlee receives a Payment Instruction, you authorize Processor Bank to debit your Payment Account and Yodlee to remit funds on your behalf to the Payee so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize Processor Bank to credit your Payment Account for Payments returned to Yodlee by a payment system participant, the United States Postal Service or Payee. Your further authorize Processor Bank to debit or credit your Payment Account, as appropriate, in order to correct an error or other problem with a previously processed Payment Instruction. Processor Bank is not required to provide you with prior notice of debits and credits authorized under these Terms resulting from your use of the BillPayment Service.
5.
Payment Methods

Yodlee reserves the right to select the method in which to remit funds on your behalf to your Payee to process a Payment Instruction. These payment methods include, but are not limited to, an electronic funds transfer (such as an automated clearing house (ACH) credit payment), the issuance of a corporate check to the Payee, or the issuance of a check drawn against your Payment Account and payable to the Payee. You authorize Processor Bank and its service providers to issue a paper check or draft drawn against your Payment Account to complete a Bill Payment to a Payee.

In certain cases, Processor Bank will send a payment by means of a paper check via a post card check mailed to the payee. Information on the post card check may be visible to third parties during the mailing process. You may not include any confidential or personal information on the memo field of the check or make paper payments to payees of a personal nature. Processor Bank and it service provider Yodlee will not be held responsible for any losses or damages incurred by you or any other person if you include personal information in the memo field of a check payment.
6.
Bill Payment Scheduling
1. Regular Payment Delivery Date Processing:

The provisions of this subparagraph will govern the timing of your Bill Payments, other than the Pay Today Payment option. In order to deliver Payments in a timely manner, the BillPayment Service begins processing a Bill Payment several Business Days prior to your Scheduled Payment Date. The number of Business Days will vary depending on the Payee and the time it takes to complete a debit from your Payment Account. At the time you schedule a Payment, the BillPayment Service website will tell you how many Business Days in advance you must submit a Payment Instruction in order for a Payment to reach the Payee by the Scheduled Payment Date. The BillPayment Service will not permit you to select a Scheduled Payment Date sooner than the fastest delivery time available for that particular Payee based on the current date and time.

Yodlee is not obligated to process a Payment if the related debit from your Payment Account is not successful for any reason, and is not responsible for any resulting missed or delayed payments to a Payee.

When scheduling a Bill Payment, you must select a Scheduled Payment Date that is no later than the actual Due Date for the applicable Billing Invoice; however, in the event the Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. You should select a Scheduled Payment Date that is prior to any late date or grace period for the Billing Invoice. If the payment is a recurring payment where the deliver on day falls on a non-business day, it will be delivered on the first business day prior to the deliver-on date.
2. Pay Today Payment Scheduling:

If you select the PayToday Payment option, the provisions of this subparagraph will govern the timing of your Bill Payment. The Service will process your Payment to the Payee on the same Business Day you submit a Payment Instruction, such that the Payee will receive the Payment on the same Business Day. You must submit a Payment Instruction before the designated payee cut-off time on a Day the payee accepts payments in order for the Payment to have a Scheduled Payment Date of the same Business Day. The processing cut-off time varies from biller to biller.

A Payment Instruction that is made after the processing cut-off time (or on a day that is not a Day the payee accepts payments) will have a Scheduled Payment Date on the next Day the payee accepts payments. The Service is not obligated to provide you with any notice of delay in processing your Payment to the Payee or of the completion or rejection of your Payment to the Payee. You are responsible for contacting the designated Payee if you want to confirm receipt of your Payment by the designated Payee on the same Business Day. The Service will use reasonable efforts to complete your Payment on the same Day. The Service makes no guarantee that a Payee will receive the Payment, or post a Payment to your account with the Payee, on the same Business Day as the date you submit the Payment Instruction.

In most situations, Yodlee will process your Payment before the Processor Bank has obtained the funding from your Payment Account. As described in these Terms, you are liable to Yodlee for a Payment processed in the event Processor Bank cannot obtain funds through the funding transaction from your Payment Account. The Service may use the payment facilities of a third party service provider to complete your Pay Today Payment.
7.
Bill Payment Service Guarantee

Yodlee will use commercially reasonable efforts to provide you with the BillPayment Service, including to properly make Bill Payments to the Payees. In addition to other limitations on liability set forth in these Terms, Yodlee shall incur no liability to you if the BillPayment Service is unable to complete a Bill Payment because of the existence of any one or more of the following circumstances:
1. The BillPayment Service is not working properly and you know or have been advised by the BillPayment Service about the malfunction before you request the Bill Payment or execute a transaction;
2. If, through no fault of Processor Bank, your Payment Account does not contain sufficient funds to complete the Payment;
3. If, through no fault of Yodlee, a Payee does not allocate the funds received in accordance with your Payment Instruction;
4. You have not provided the BillPayment Service with the correct Payment Account information, or the correct name, address, phone number, or account/invoice information for the Payee, or have not provided Payment Account or contact information for you;
5. Circumstances beyond control of Yodlee (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and Yodlee has taken reasonable precautions to avoid those circumstances; and/or,
6. Circumstances beyond the control of , particularly delays in handling and posting of Bill Payments by Payees or financial institutions, resulting in a Bill Payment taking longer to be credited to your Payee account than expected.

Provided none of the foregoing exceptions are applicable, if the BillPayment Service (a) causes an incorrect amount of funds to be removed from your Payment Account or causes (b) funds from your Payment Account to be directed to a Payee that does not comply with your Payment Instructions, Yodlee shall be responsible for returning the improperly transferred funds to your Payment Account via it’s processor bank, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

In addition, Yodlee will bear responsibility for any late payment related charges up to $50.00 should a Bill Payment be delivered to a Payee after its Scheduled Payment Date as long as the Payment Instruction was submitted accurately and Bill Payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" above and one of the circumstances listed above does not apply.

Processor Bank will not be responsible for any charges, including applicable finance charges and late fees, imposed or any other action taken by a Payee resulting from a Bill Payment that you have not scheduled properly with sufficient time for either Processor Bank or the Payee to process on a timely basis. Processor Bank also is not responsible in the event a Payee refuses or is unable to process a Bill Payment that has been requested by you through the BillPayment Service.
8.
Transaction Limitations on Bill Payments

The following dollar transaction limitations apply to Bill Payments by default:
Daily $ Limit for electronic payments: $7,000
Single $ Limit for electronic payments: $7,000
Weekly $ Limit for electronic payments: $7,000
Monthly $ Limit for electronic payments: $10,000
Quarterly $ Limit for electronic payments: $30,000

In addition, Yodlee imposes the following request and volume limitations on your use of the BillPayment Service. Maximum # Bill Payments a Month 15

Processor Bank reserves the right to change these limitations without prior notice to you in order to protect against loss in your Payment Account or other user accounts.
9.
Payment Cancellation Requests

For Bill Payments only, a Payment may be cancelled up until the Payment Cut-off Time specified by the BillPayment Service for the specific Payee and the particular manner of Payment selected. There is no charge for canceling or editing a Scheduled Payment. Once the BillPayment Service has begun processing any Bill Payment, it cannot be cancelled or edited; therefore a stop payment request must be submitted, if applicable and available. The current daily cut-off for the Yodlee BillPayment service is 2PM PST Monday-Friday. For Same-day payments, the cut-off will vary by payee.
10.
Stop Payment Requests

The BillPayment Service's ability to process a stop payment request will depend on the Bill Payment method and whether or not a Bill Payment has cleared. The BillPayment Service may also not have a reasonable opportunity to act on any stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact customer service. Although Yodlee will attempt to accommodate your request, Yodlee will have no liability for failing to do so. Yodlee may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule. Stop payment requests are only available for paper (check) payments.
11.
Refunds or Reversals of Completed Bill Payments

You cannot use the BillPayment Service to request a refund, cancellation, correction, or reversal of a completed Bill Payment. In such situations, you will need to contact a Payee’s customer service in order to request refund, cancellation, correction, or reversal to a completed Bill Payment. If the Payee cannot, or is unwilling, to assist you with a request for a refund, cancellation, correction, or reversal of a completed Bill Payment, you should contact your financial institution’s customer service to determine if your financial institution is able to provide additional assistance.
12.
Service Fees and Additional Charges

You agree to pay any applicable charges and authorize Processor Bank and its service providers (including Yodlee) to deduct such charges from your designated Payment Account or other available payment accounts. This includes but it not limited to Non-Sufficient Funds fees ($25), Stop check fees ($12), Proof of Payment fees ($12), Reversal Fees ($14), and Collections fees ($95). These fees are in addition to any charges your financial institution may charge you
13.
Collections

Processor, or Yodlee on its behalf, will initiate collections services against customers for the following reasons:
1. Non-Sufficient or Insufficient Funds for a debit funding transaction
2. Processor Error: If the user has benefited from a Service processing error without funding the transaction.

14.
Postal Returns

If a paper check Payment is returned by the USPS, Yodlee will notify you of the returned payment and refund the amount of the check Payment to your Payment Account.
15.
Proof of Payments

Yodlee can be contacted to provide an email of proof of Payment. If the Payment was made by check, the cleared check will be presented as proof of Payment.
16.
Check Expiration

Processor Bank will set an expiration date for payment checks at least ninety (90) days following the date of the paper payment check. If a check has not been presented to Processor Bank for payment on or before the expiration date, Processor Bank may choose to cancel the check, refund the amount of the check to your Payment Account, and notify you that the Payment did not post.
17.
Errors and Questions

In case of errors or questions about your BillPayment Service transactions, you should as soon as possible notify Yodlee via one of the following:
1. Telephone us at (866) 989-9618 during customer service hours;
2. Write us at: Yodlee Payment Processing, 3600 Bridge Parkway, Suite 200, Redwood City, CA 94565
3. Submit a Service Request from the web site

18.
Returned Bill Payments

In using the BillPayment Service, you are requesting Processor Bank to make Payments for you from your Payment Account. You understand that a Payee, a payment system participant, and/or the United States Postal Service may return Payments for various reasons, such as, but not limited to, the Payee account number is not valid; the Payee is unable to locate account; or the Payee account was paid in full. Processor Bank will use its best efforts to research and correct the returned Payment, or void the Payment and credit your Payment Account for the funds. You may receive notification from the BillPayment Service website of such returned Payment. Processor Bank has no obligation to notify you of a returned Bill Payment.
19.
Failed Funding Transactions

If Processor Bank is unable to complete a funding transaction from your Payment Account for any reason (for example, there are insufficient funds in your Payment Account to cover the transaction), your requested Bill Payment may not be completed. Processor Bank reserves the right to debit your Payment Account for a funding transaction even if it causes an overdraft in your Payment Account. In the situation where a requested Bill Payment is completed, but Processor Bank was unable to obtain funding from your Payment Account or an overdraft resulted in your Payment Account from the funding transaction, you agree that:
1. You will reimburse Processor Bank immediately upon demand the funding transaction amount or the amount of any overdraft;
2. For any amount not reimbursed to Processor Bank within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. Processor Bank may engage the services of a collections agency to collect funds from you;
4. You will reimburse Processor Bank for any fees or costs it incurs in attempting to collect the amount of the failed funding transaction or overdraft from you; and,
5. Processor Bank is authorized to report the facts concerning the funds you owe to Processor Bank to any credit reporting agency.

You may receive notification from the BillPayment Service website of a problem with completing a funding transaction. Processor Bank has no obligation to notify you of a failed funding transaction, a Bill Payment that was not completed, or when a funding transaction causes an overdraft in your Payment Account. Processor Bank reserves the right to suspend or discontinue your use of the BillPayment Service in the event of a failed funding transaction.
20.
Information Authorization

You agree that the registration information you provide to Processor Bank can go through a verification process. You agree that Processor Bank and Yodlee reserve the right to obtain financial information regarding your Payment Account from your financial institution (for example, to resolve payment posting problems or for verification). In addition, you agree that Processor Bank and Yodlee reserve the right to request a review of your credit report at its own expense through an authorized bureau.
21.
Password Security

You agree not to give or make available your password, user name, or other means to access the BillPayment Service to any unauthorized individuals. You are responsible for all Bill Payments you authorize using the BillPayment Service. If you permit any other person or third party to use the BillPayment Service or your password or other means to access the BillPayment Service , you are responsible for any transactions they initiate using the BillPayment Service. If you believe that your password or other means to access the BillPayment Service has been lost or stolen or that someone has used, or may attempt to use, the BillPayment Service without your consent, you must notify Yodlee at once by calling (866) 989-9618 during customer service hours.
22.
Service Termination, Cancellation, Or Suspension

In the event you wish to cancel the BillPayment Service, any Payment Instruction(s) the BillPayment Service has already processed before the requested cancellation date will be completed by the BillPayment Service. All Scheduled Payments will not be processed once the BillPayment Service is cancelled. Processor Bank may terminate or suspend BillPayment Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under these Terms.
23.
Unauthorized Bill Payments, Errors and Questions

In case of errors or questions about your Service transactions or if you believe there has been an unauthorized Bill Payment through the Service, you should as soon as possible notify Processor Bank via one of the following:
1. Telephone us at (866) 989-9618 during customer service hours;
2. Write us at: Yodlee Payment Processing, 3600 Bridge Parkway, Suite 200, Redwood City, CA 94565
3. Submit a Service Request from the web site

24.
Liability for Unauthorized Payments

Tell Yodlee AT ONCE if you believe your user password has been lost or stolen, or if you believe that a Bill Payment has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell Yodlee within 2 business days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your password through the Service without your permission.

If you do NOT tell Yodlee within 2 business days after you learn of the loss or theft of your password, and Processor Bank can prove it could have stopped someone from using your password on the Service without your permission if you had told us, you could lose as much as $500.

Also, if your account statement from your Payment Account holding financial institution shows Bill Payments that you did not make, including those made by use of your password on the Service, tell Processor Bank at once. If you do not tell Processor Bank within 60 days after the account statement was mailed to you, you may not get back any money you lost after the 60 days if Processor Bank can prove that it could have stopped someone from taking the money if you had told Processor Bank in time. If a good reason (such as a long trip or a hospital stay) kept you from reporting, Processor Bank will extend the time periods.
25.
Confidentiality of Bill Payment Information

In addition to disclosures permitted under the Privacy Policy of Yodlee and the Processor Bank, Yodlee and the Processor Bank will disclose information to third parties about the Bill Payments you make:
1. Where it is necessary for completing Bill Payments, or
2. In order to comply with government agency or court orders, or
3. If you give Processor Bank your written permission.
26.
Error Resolution Notice

In Case of Errors or Questions About Your Bill Payments, please telephone Yodlee at (866) 989-9618, write to Yodlee Payment Processing, 3600 Bridge Parkway, Suite 200, Redwood City, CA 94565, or email Client_Services@Yodlee.com.as soon as you can, if you think your account statement is wrong or if you need more information about a Bill Payment listed on the statement. Yodlee and Processor Bank must hear from you no later than 60 days after the FIRST statement on which the problem or error appeared.
1. Provide your name and Service username.
2. Describe the error or the Bill Payment that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell Yodlee the dollar amount of the suspected error.

If you tell Yodlee orally, Yodlee may require that you send Processor Bank your complaint or question in writing within 10 business days.

Yodlee will determine whether an error with the Bill Payment Service occurred within 10 business days after it hears from you and will correct any error promptly. If Yodlee needs more time, however, it may take up to 45 days to investigate your complaint or question. If Yodlee decides to do this, Yodlee will credit your bank account via it’s processor bank within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes Yodlee to complete the investigation. If Yodlee asks you to put your complaint or question in writing and Yodlee does not receive it within 10 business days, Processor Bank may not credit your account.

Yodlee will tell you the results within three business days after completing the investigation. If Yodlee decides that there was no error, Yodlee will send you a written explanation. You may ask for copies of the documents that Yodlee used in the investigation.

ALL QUESTIONS ABOUT BILL PAYMENT TRANSACTIONS MADE WITH YOUR PASSWORD THROUGH THE SERVICE MUST BE DIRECTED TO Yodlee, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT.

Yodlee is responsible for the BillPayment Service and for resolving any errors in transactions made with your password through the BillPayment Service.
27.
Statement of Activity

Yodlee will not send you a periodic statement listing transactions that you make using your password through the Bill Payment Service. The Bill Payment transactions will appear only on the account statement issued by your bank or other financial institution. If you have any questions about one of these Bill Payment transactions, call or write Yodlee at the telephone number and address indicated above.
28.
Availability of Bill Payment Services

The BillPayment Service is ONLY available to consumers who reside in the permitted states. The address entered by the consumer on the User Registration page will be used for validation. Consumers residing in the following states are prohibited

1. Alabama
2. Alaska
3. Arkansas
4. Colorado
5. Connecticut
6. District of Columbia
7. Idaho
8. Maine
9. Nevada
10. New Jersey
11. North Dakota
12. Oregon
13. Utah
14. Vermont
15. Wyoming

If the user changes residence, they should update their address in the user profile. If their new residence is located in one of the prohibited states, the user should stop using the BillPayment service using their checking account as a funding source. Upon address change to one of the prohibited states, the BillPayment Service will be suspended for the user.



PART V – Yodlee FINAPP STORE

1.
Yodlee FinApps
1. Yodlee and Third Party Developer FinApps. Through the Yodlee FinApp Store, Yodlee makes available to you certain applications developed through the use of Yodlee APIs for use by end users of MoneyCenter (" FinApps "), either by Yodlee (" Yodlee FinApps ") or by a third party developer (such third party a " Third Party Developer " and such FinApps " Third Party Developer FinApps ").
2.
Functionality: A FinApp may:
1. Display, access, edit and create the following:
1. Your financial data - e.g. account balances, transactions
2. Your profile data
2. Perform an action that:
1. May push data out to an external service
2. May send an alert to You
3. May make a payment or a transfer on your behalf
4. May put something in the Inbox or system tray
5. May enroll you to a different service
6. May store files/images
7. Other actions as desired
3. The Yodlee's Privacy Policy governs such information.
4. Hosting. FinApps may have different hosting arrangements
1. On a Yodlee service page; or
2. Externally hosted (for example, in another web site of a service provider, in mobile phone or desktop).
3.
Requirements:
1.

Infrastructure. Use of the FinApp Store requires a compatible device, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the FinApp Store involves hardware, software, and Internet access, your ability to use the FinApp Store may be affected by these. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
2.

Wireless Charges. Use of the FinApp Store and the FinApps may result in additional charges by your wireless carrier (for example, airtime and text charges). You are solely responsible for all such fees. Please contact your wireless carrier for further information.
3.

International Use. Some FinApps may not operate properly if used outside of the United States, and Yodlee shall have no liability or responsibility.
4.
License of FinApps
1.

Applicable Terms. Your right to use each FinApp obtained through the FinApp Store is subject to these Terms and, for some FinApps, the terms and conditions set forth in a separate end user license agreement that you may be asked to review and accept prior to completing your purchase of such FinApps. The licensor (whether Yodlee or a Third Party Developer) reserves all rights not expressly granted to you herein or in such end user license agreement.
2.

Third Party Developer FinApps. You acknowledge that your license of each Third Party Developer FinApp purchased through the Yodlee FinApp Store is a binding agreement between you and the Third Party Developer only, and that the Third Party Developer is solely responsible for the Third Party Developer FinApp (including warranties and problems), and any claims you or any third party may have relating to the Third Party Developer FinApp or your use of the Third Party Developer FinApp. You acknowledge that Yodlee is solely acting as a distributor for the Third Party Developer in delivering the Third Party Developer FinApps to you; and Yodlee is not a party to such licenses, and is not responsible for the Third Party Developer FinApp, the content therein, or any warranties or claims you or any third party may have relating to the Third Party Developer FinApp or your use of the Third Party Developer FinApp.
5.
Payment
1.

Payment Method. Currently, Yodlee accepts payments through Checking DDA account and credit card account. Accordingly, in order to purchase FinApps through the Yodlee FinApp Store, you will need to use your MoneyCenter account. Billing to your account occurs at the time of purchase or shortly thereafter.
2.

Payment for FinApps. You agree to pay for all FinApps purchased by you through the Yodlee FinApp Store, and you agree that Yodlee may charge your registered account for any FinApps purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Yodlee WITH VALID ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the payment account that you designate at the time of the purchase. If there is a change in your account status, you must change your account information online in your account and you may not be able to purchase FinApps from the FinApp Store until Yodlee can verify the validity of the new account information.
3.

Right to Change Prices of FinApps. Prices of FinApps are subject to change at any time.
6.
Right of Withdrawal; Refunds
1.

Withdrawal. You have the right to withdraw from your purchase of a FinApp without charge and without giving any reason until 24 hours from placement of your order for the FinApp. You do not have a right to withdraw from a transaction after 24 hours from the time you placed the order and all completed transactions are considered final at that time except as set forth below.
2.

Refunds. On occasion, a FinApp may become unavailable following a placement of your order but prior to your accessing the FinApp. Your sole remedy in such cases is a refund of the price paid for the unavailable licensed FinApp. Please contact Yodlee FinApp Store for assistance in such cases at customercare@Yodlee.com.
7.
Availability Of FinApps And Yodlee FinApp Store.
1.

Availability of FinApps. The FinApps that are available in the Yodlee FinApp Store are subject to change at any time without notice. If a FinApp is removed from the Yodlee FinApp Store, you will no longer have access to it.
2.

Closing of the Yodlee FinApp Store. Yodlee reserves the right to modify, suspend, or discontinue the Yodlee FinApp Store (or any part or content thereof) at any time, and Yodlee will not be liable. To the extent possible, Yodlee will warn you in advance be via e-mail or a notice in MoneyCenter of any major modification, suspension or discontinuation of the Yodlee FinApp Store. Closing of the Yodlee FinApp Store will not affect the FinApps that you have already licensed.
8.
Maintenance and Support

The Third Party Developer is responsible for providing technical support for its Third Party Developer FinApps via phone or email as decided by the Third Party Developer, The Third Party Developer’s contact information will be displayed at the point of purchase of the Third Party Developer FinApps. You acknowledge that Yodlee has no obligation whatsoever to furnish any maintenance and support services with respect to Third Party Developer FinApps.



PART VI – Yodlee REGISTERED PAYMENT CENTER
The Yodlee Registered Payment Center is an online service that assists bill payment payors and other persons requesting electronic payments. The Yodlee Registered Payment Center verifies certain information provided by registered users that wish to receive electronic bill payments from customers through the bill payment services of certain financial institutions. The use of the Yodlee Registered Payment Center is subject to these Yodlee MoneyCenter Terms of Use, the Registered Payment Center Agreement and additional terms and conditions that are available on the Yodlee Registered Payment Center. Yodlee is not a bank, savings association or any other type of depositary institution. Yodlee does not accept funds for purposes of transfer or for deposit.


PART VII – ADDITIONAL GENERAL TERMS AND CONDITIONS FOR ALL Yodlee MoneyCenter SERVICES

1.
Disclaimer Of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE Yodlee MoneyCenter AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE PROCESSOR BANK AND THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE Yodlee MoneyCenter IS AT YOUR SOLE RISK. THE Yodlee MoneyCenter IS A BETA SERVICE AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Yodlee, PROCESSOR BANK AND ITS AND THEIR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE Yodlee MoneyCenter AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE PROCESSOR BANK AND THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE Yodlee MoneyCenter, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Yodlee AND PROCESSOR BANK ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY Yodlee, THE PROCESSOR BANK OR ANY THIRD PARTY. THE OFFICIAL LANGUAGE OF THE Yodlee MoneyCenter SERVICE IS ENGLISH; THEREFORE, THE LIMITED PROVISION OF PARTS OF THE Yodlee MoneyCenter SERVICE IN SPANISH IS FOR YOUR CONVENIENCE ONLY. Yodlee SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE SPANISH TRANSLATION PAGES.

CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN Yodlee MoneyCenter IS AN ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND Yodlee DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION CATEGORIZATION. Yodlee, ITS LICENSORS AND PROCESSOR BANK MAKE NO WARRANTY THAT (i) THE Yodlee MoneyCenter SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Yodlee MoneyCenter WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Yodlee MoneyCenter WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Yodlee MoneyCenter WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Yodlee MoneyCenter IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Yodlee OR THROUGH OR FROM Yodlee WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
2.
LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER Yodlee NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Yodlee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Yodlee MoneyCenter SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM Yodlee; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE Yodlee MoneyCenter SERVICE; (v) 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 (vi) ANY OTHER MATTER RELATING TO THE Yodlee MoneyCenter SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3.
Indemnification.

You agree to protect and fully compensate Yodlee, Processor Bank and its and their affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Yodlee MoneyCenter, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
4.
Service Fees And Additional Charges

Fees for use of the Yodlee MoneyCenter are set forth [on the Website] and in these Terms. Any other fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. When applicable (e.g. when you use the BillPayment Service to make an Expedited Payment), you agree to pay any applicable charges and authorize Yodlee and/or Processor Bank to deduct or charge all service fees from your designated Billing Account or Payment Card. These fees are in addition to any fees that may be imposed by the Payee. You are responsible for fees for your use of the Yodlee MoneyCenter even if a Payee refuses or is unable to process a requested Bill Payment, or if Payee processes only a portion of the amount owed for a Bill Payment.
5.
Bank and Yodlee Are Not Affiliated with Payees

You understand that Processor Bank and Yodlee have no relationship, affiliation or connection with any Payees. Processor Bank and Yodlee are not endorsed or sponsored by the Payees, any other billers or payees, or any providers accessed in connection with Yodlee MoneyCenter services. You agree that Processor Bank and Yodlee assume no responsibility and shall incur no liability with respect to the acts, omissions or determinations of the Payees or in connection with any other third party web site accessed in connection with the Yodlee MoneyCenter services.
6.
Third Party Products and Services.

Yodlee reminds you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From this site, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. Yodlee makes no effort to review the content of these sites, nor is Yodlee or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, Yodlee does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that Yodlee does not pre-screen content, but that Yodlee and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Yodlee MoneyCenter.
7.
Spanish Language Translations.

The provision of portions of Yodlee MoneyCenter in Spanish is for your convenience only. The official language of Yodlee MoneyCenter is English; therefore, certain portions of the Yodlee MoneyCenter Service are provided only in the English language, including without limitation, the Terms and Conditions, technical support and Help pages. If you have any problems, issues or questions while you are using the Spanish Translation of Yodlee MoneyCenter, you agree that you will revert to the English version of Yodlee's Yodlee MoneyCenter.
8.
Electronic Communications

These Terms and any notices or other communications regarding the Yodlee MoneyCenter may be provided to you electronically, and you agree to receive communications from Yodlee in electronic form. Electronic communications may be posted on Yodlee MoneyCenter web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in "writing", and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying Yodlee of your decision to do so. If you revoke your consent to receive communications electronically, Yodlee will terminate your right to use the Yodlee MoneyCenter. You may print a copy of any electronic communications and retain it for your records.
9.
Amendment To Terms

We reserve the right at our discretion to make changes to these Terms. Upon any change, Yodlee will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. If you continue to use the Yodlee MoneyCenter thereafter, your continued use of the Yodlee MoneyCenter constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of Yodlee MoneyCenter.
10.
Assignment

You may not assign these Terms to any other party. Processor Bank and/or Yodlee may assign these Terms to any future, directly or indirectly, affiliated company. Processor Bank and/or Yodlee may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
11.
No Waiver

Processor Bank and Yodlee shall not be deemed to have waived any of its/their rights or remedies hereunder unless such waiver is in writing and signed by Processor Bank and/or Yodlee. No delay or omission on the part of Processor Bank or Yodlee in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
12.
Exclusive Agreement

You agree that these Terms are the complete and exclusive statement of the agreement between you and Yodlee with respect to the Yodlee MoneyCenter and between you and Processor Bank with respect to the BillPayment Services, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and Yodlee or Processor Bank relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and Yodlee and/or the Processor Bank.
13.
Choice Of Law

The laws of the State of California govern the interpretation and performance of these Terms.