Just2Trade TOS

DISCLOSURE:

Disclosures
NOTICE OF SUCCESS TRADE SECURITIES, INC. PRIVACY POLICY

Our commitment to Your Privacy:
Success Trade Securities, inc. has a longstanding policy of protecting the confidentiality and security of information we collect about customers. We will not share nonpublic information about you (Information) without your consent, except for specific purposes described below. This notice describes the Information we may gather and the circumstances under which we may share it.

Why do we gather information?
We collect information required to open an account, to transact business effectively and to safeguard your assets or your privacy. But we also continually strive to improve our services and provide you opportunities to use additional products and services you may find of interest. To do this, we gather information to help us assess your needs and preferences.

What information do we collect?
The information we collect directly from you includes information required to communicate with you, including your name, mailing address, telephone number, e-mail address and fax number, gender, education, occupation employer name and address. And to identify who you are, including birth date and Social Security number. Additionally, as required by law, to assess your experience in margin use and trading, we may also collect your approximate annual income, approximate net worth, approximate worth, and credit reports to assess your financial position.

When do we obtain information?
You directly provide to us the majority of information we collect. You do this by completing the account application and related documentation, placing a trade, sending us an e-mail for questions or comment.

How do we use your personal information?
Again, the trust of our clients is our most valued asset. Therefore, we use personal information only as appropriate to provide you quality service and security.
For example, Success Trade Securities, inc. may use the information collected from you to verify your identity and contact information. We may also use this information to establish and set up your trading account, issue an account number and a secure password, maintain your portfolio and trading activity, and contact you with account information. This information helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you.
Success Trade Securities, inc. may also use demographic information provided by others on our clients so that we can develop products and services for our clients.
Should you close your account with us, Success Trade Securities, inc. will retain your information as needed to comply with regulatory requirements.

What information does Success Trade Securities, inc. share with affiliates, alliances and partners?
Success Trade Securities, inc. may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer. Success Trade Securities, inc. also forges partnerships and alliances, which may include joint marketing agreements, with other companies who offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, Success Trade Securities, inc. may share some information with partners, affiliates and alliances.
This allows them to better understand the offers that are most relevant and useful. We may also compare our client lists with those of our partners and affiliates to ensure that they are not sending messages to you if you've elected not to be so notified. In our strategic relationships, we will require that it be identified that an offer is being extended because of the relationship with us. The use of your personal information is limited to the purposes identified in our relationship with the partner or affiliate.
An affiliate is a company that we own or control or with which there is common ownership with us and our parent company. We may share with our affiliate’s information about our transactions and experiences with you such as name, e-mail address, mailing address, date of birth, employment status, and general account and demographic information. This information may be used for internal reporting, anticipating margin calls, and development strategies. We do not share information other than the types of transaction and experience information described above with our affiliates.

Do we share the information collected with any other third parties?
The cornerstone of our Privacy Statement is the commitment to keep our clients' personal information confidential. Success Trade Securities, inc. does not sell, license, lease or otherwise disclose your personal information to any third party for any reason, except as noted earlier and as described below:
To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a party with client information from our database to help us to analyze and identify client needs and notify clients of product and service offerings. Use of the information shared is strictly limited to the performance of the task we request and for no other purpose.
All third parties with which we share personal information are required to protect personal information in a manner similar to the way we protect personal information. Examples of information shared are identifying information such as name, mailing address, e-mail address, telephone number, and information on account activity. If at any time you choose to purchase a product or service offered by another company, any personal information you share with that company will no longer be controlled under our Privacy Statement.
Success Trade Securities, inc. also reserves the right to disclose your personal information to third parties where permitted by law or where required by law to regulatory, law enforcement or other government authorities. We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.

Does our Privacy Statement apply to the sites to which we link?
No. We are not responsible for the privacy policies or the content of sites we link to and have no control of the use or protection of information provided by you or collected by those sites. Whenever you elect to link to a co-branded Web site or to a linked Web site, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party and you should familiarize yourself with the privacy policy provided by that third party.

What about "cookies" and other tracking devices?
Cookies are small text files sent from the Web server to your computer. Success Trade Securities, inc. may maintain a website that contains cookies. Cookies also may be placed by third parties when you access their sites through linking from a Web site. We do not have access to these cookies or any information that these cookies may contain. Please contact the third-party site for more information on these cookies. Although we encourage third parties to adhere to appropriate privacy policies and standards, we are not responsible for the actions or policies of such parties.
To administer and improve the Success Trade Securities, inc. Web site, we may use a third party to track and analyze usage and volume statistical information, including page requests, form requests, and click paths. All data collected for this purpose is owned and used by Success Trade Securities, inc. The third party may use cookies to track behavior and may set cookies on behalf of Success Trade Securities, inc. These cookies do not contain any personally identifiable information.

Will I be able to review, change or correct my information?
Yes. Personal identifying information may be reviewed, changed or corrected at any time. You are responsible for maintaining the accuracy and completeness of your personal and other information. At least once every 36 months we will send you a letter asking you to confirm the information we have on file. If you would like to review your personal information or if you believe that any of your information is incorrect, or if you have any questions regarding your personal information, or if you have any other questions or concerns regarding this privacy policy, simply contact our office.
How will I know if there are any changes to this Privacy Statement?
Success Trade Securities, inc. will provide each client an annual Privacy Statement that will include all changes. Should you have any additional questions concerning our privacy policy, you may submit a written request for additional information to our Customer Service Department located at 1900 L Street NW, Suite 525, Washington, DC 20036.
Success Trade Securities, Inc. SIPC Statement
Success Trade Securities, Inc. is a member of the Securities Investor Protection Corporation (SIPC), which currently protects securities customers of its members up to $500,000 (including $100,000 for claims for cash).
Additionally, our customer securities accounts are carried by Legent Clearing Corp. Ltd., who has also acquired “Excess SIPC” insurance from a third party insurer to protect client accounts up to their net equity for loss of securities and cash held at Legent Clearing Corp., up to an overall firm aggregate of US $200,000,000 over all customer accounts.
This “Excess SIPC” protection is in addition to the protection provided by the Securities and Investors Protection Act, which is administered by SIPC, and is subject to certain conditions and limitations, details of which are available upon request. The above coverage does not protect against loss of the market value of securities.
SIPC and the supplemental policy do not cover commodity contracts and options on futures. An explanatory brochure is available upon request or at http://www.sipc.org.

Or you may contact SIPC direct at:

Securities Investor Protection Corporation
805 15th Street, N.W. Suite 800
Washington, D.C. 20005-2215

Tel: (202)371-8300
Fax: (202)371-6728
Email: asksipc@sipc.org

Llyod’s of London
One Lime Street
London
EC3M 7HA UK
Tel: +44 (0)20 7327 1000

SUCCESS TRADE SECURITIES, INC. SEC Rule 606 Order Disclosure
The U.S. Securities and Exchange Commission's client disclosure rule, SEC Rule 606, requires all broker/dealers that route orders in equity and option securities to make available quarterly reports that present a general overview of their routing practices. These reports must identify the significant venues to which the client orders were routed for execution during the applicable quarter and disclose the material aspects of the broker/dealer's relationship with such venues.
These reports are divided into four sections: one for securities listed on the New York Stock Exchange and reported as a Network A eligible security; one for securities listed on the NASDAQ Stock Market; one for securities listed on the American Stock Exchange or regional exchanges and reported as a Network B eligible security; and one for exchange-listed options. For each section, this report identifies the venues most often selected by Success Trade Securities Inc., sets forth the percentage of various types of orders routed to the venues, and discusses the material aspects of Success Trade Securities Inc.'s relationship with the venues. These reports may be viewed at www.just2trade.com

SUCCESS TRADE SECURITIES, INC. MUTUAL FUND DISCLOSURE STATEMENT
Before investing in mutual funds, it is important that you understand the sales charges, expenses, and management fees that you will be charged, as well as the breakpoint discounts to which you may be entitled. Understanding these charges and breakpoint discounts will assist you in identifying the best investment for your particular needs and may help you reduce the costs of your investment. This disclosure document will give you general background information about these charges and discounts. However, sales charges, expenses, management fees, and breakpoint discounts vary from mutual fund to mutual fund. Therefore, you should discuss these issues with your financial advisor and review each mutual fund’s prospectus and statement of additional information, which are available from your financial advisor, to get the specific information regarding the charges and breakpoint discounts associated with a particular mutual fund.
Sales Charges
Investors that purchase mutual funds must make certain choices, including which funds to purchase and which class share is most advantageous. Each mutual fund has a specified investment strategy. You need to consider whether the mutual fund’s investment strategy is compatible with your investment objectives. Additionally, most mutual funds offer different share classes. Although each share class represents a similar interest in the mutual fund’s portfolio, the mutual fund will charge you different fees and expenses depending upon your choice of share class. As a general rule, Class A shares carry a “front-end” sales charge or “load” that is deducted from your investment at the time you buy fund shares. This sales charge is a percentage of your total purchase. As explained below, many mutual funds offer volume discounts to the front-end sales charge assessed on Class A shares at certain predetermined levels of investment, which are called “breakpoint discounts.” In contrast, Class B and C shares usually do not carry any front-end sales charges. Instead, investors that purchase Class B or C shares pay asset-based sales charges, which may be higher than the charges associated with Class A shares. Investors that purchase Class B and C shares may also be required to pay a sales charge known as a contingent deferred sales charge when they sell their shares, depending upon the rules of the particular mutual fund.
Breakpoint Discounts
Most mutual funds offer investors a variety of ways to qualify for breakpoint discounts on the sales charge associated with the purchase of Class A shares. In general, most mutual funds provide breakpoint discounts to investors who make large purchases at one time. The extent of the discount depends upon the size of the purchase. Generally, as the amount of the purchase increases, the percentage used to determine the sales load decreases. In fact, the entire sales charge may be waived for investors that make very large purchases of Class A shares. Mutual fund prospectuses contain tables that illustrate the available breakpoint discounts and the investment levels at which breakpoint discounts apply. Additionally, most mutual funds allow investors to qualify for breakpoint discounts based upon current holdings from prior purchases through “Rights of Accumulation,” and future purchases, based upon “Letters of Intent.” This document provides general information regarding Rights of Accumulation and Letters of Intent. However, mutual funds have different rules regarding the availability of Rights of Accumulation and Letters of Intent. Therefore, you should discuss these issues with your financial advisor and review the mutual fund prospectus to determine the specific terms upon which a mutual fund offers Rights of Accumulation or Letters of Intent.

1. Rights of Accumulation – Many mutual funds allow investors to count the value of previous purchases of the same fund, or another fund within the same fund family, with the value of the current purchase, to qualify for breakpoint discounts. Moreover, mutual funds allow investors to count existing holdings in multiple accounts, such as IRAs or accounts at other broker-dealers, to qualify for breakpoint discounts. Therefore, if you have accounts at other broker-dealers and wish to take advantage of the balances in these accounts to qualify for a breakpoint discount, you must advise your financial advisor about those balances. You may need to provide documentation establishing the holdings in those other accounts to your financial advisor if you wish to rely upon balances in accounts at another firm.
In addition, many mutual funds allows investors to count the value of holdings in accounts of certain related parties, such as spouses or children, to qualify for breakpoint discounts. Each mutual fund has different rules that govern when relatives may rely upon each other’s holdings to qualify for breakpoint discounts. You should consult with your financial advisor or review the mutual fund’s prospectus or statement of additional information to determine what these rules are for the fund family in which you are investing. If you wish to rely upon the holdings of related parties to qualify for a breakpoint discount, you should advise your financial advisor about these accounts. You may need to provide documentation to your financial advisor if you wish to rely upon balances in accounts at another firm.
2. Mutual funds also follow different rules to determine the value of existing holdings. Some funds use the current net asset value (NAV) of existing investments in determining whether an investor qualifies for a breakpoint discount. However, a small number of funds use the historical cost, which is the cost of the initial purchase, to determine eligibility for breakpoint discounts. If the mutual fund uses historical costs, you may need to provide account records, such as confirmation statements or monthly statements, to qualify for a breakpoint discount based upon previous purchases.
You should consult with your financial advisor and review the mutual fund’s prospectus to determine whether the mutual fund uses either NAV or historical costs to determine breakpoint eligibility.
3. Letters of Intent – Most mutual funds allow investors to qualify for breakpoint discounts by signing a Letter of Intent, which commits the investor to purchasing a specified amount of Class A shares within a defined period of time, usually 13 months. For example, if an investor plans to purchase $50,000 worth of Class A shares over a period of 13 months, but each individual purchase would not qualify for a breakpoint discount, the investor could sign a Letter of Intent at the time of the first purchase and receive the breakpoint discount associated with $50,000 investments on the first and all subsequent purchases. Additionally, some funds offer retroactive Letters of Intent that allow investors to rely upon purchases in the recent past to qualify for a breakpoint discount. However, if an investor fails to invest the amount required by the Letter of Intent, the fund is entitled to retroactively deduct the correct sales charges based upon the amount that the investor actually invested. If you intend to make several purchases within a 13 month period, you should consult your financial advisor and the mutual fund prospectus to determine if it would be beneficial for you to sign a Letter of Intent.
As you can see, understanding the availability of breakpoint discounts is important because it may allow you to purchase Class A shares at a lower price. The availability of breakpoint discounts may save you money and may also affect your decision regarding the appropriate share class in which to invest. Therefore, you should discuss the availability of breakpoint discounts with your financial advisor and carefully review the mutual fund prospectus and its statement of additional information, which you can get from your financial advisor, when choosing among the share classes offered by a mutual fund. If you wish to learn more about mutual fund share classes or mutual fund breakpoints, you may wish to review the investor alerts available on FINRA Web site.

See Understanding Mutual Fund Classes at:
http://www.finra.org/Investors/ProtectYourself/InvestorAlerts/MutualFunds/p006022

Mutual Fund Breakpoints: a Break worth Taking at:
http://www.finra.org/Investors/ProtectYourself/InvestorAlerts/MutualFunds/p006008

Should you have any additional questions concerning mutual fund breakpoint discounts, you may submit a written request for additional information to our Customer Service Department located at 1900 L. Street NW, Suite 525, Washington, DC 20036

SUCCESS TRADE SECURITIES, INC. Customer Identification Program Notice
Important Information You Need to Know About Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account.
This Notice answers some questions about the firm’s Customer Identification Program.
What types of information will I need to provide?
When you open an account, we are required to collect information such as the following from you:
- Your name
- Date of birth
- Address
- Identification number:
U.S. Citizen: taxpayer identification number (social security number or employer identification number)
Non-U.S. Citizen: taxpayer identification number, passport number, and country of issuance, alien identification card number, or government-issued identification showing nationality, residence, and a photograph of you.
You may also need to show your driver’s license or other identifying documents.
A corporation, partnership, trust or other legal entity may need to provide other information, such as its principal place of business, local office, employer identification number, certified articles of incorporation, government-issued business license, a partnership agreement, or trust agreement.

U.S. Department of the Treasury, Securities and Exchange Commission, FINRA, and New York Stock Exchange rules already require you to provide most of this information. These rules also may require you to provide additional information, such as your net worth, annual income, occupation, employment information, investment experience, objectives and risk tolerance.
What happens if I don’t provide the information requested or my identity can’t be verified?
We may not be able to open an account or carry out transactions for you. If we have already opened an account, we may have to close it.
We thank you for your patience and hope that you will support the financial industry’s efforts to deny terrorists and money launderers access to America’s financial system.
Special Measures against Specified Banks pursuant to Section 311 of the USA Patriot Act
Pursuant to U.S. regulations issued under section 311 of the USA PATRIOT Act, 31 CFR 103.192, we are prohibited from opening or maintaining a correspondent account for, or on behalf of, VEF Bank (Republic of Latvia) or any of its subsidiaries (including Veiksmes lïzings).
The regulations also require us to notify you that your correspondent account with our firm may not be used to provide VEF Bank or any of its subsidiaries with access to our financial institution. If we become aware that VEF Bank or any of its subsidiaries is indirectly using the correspondent account you hold at our firm, we will
take appropriate steps to prevent such access, including terminating your account.

Should you have any additional questions concerning our customer identification program, you may submit a written request for additional information to our Customer Service Department located at 1900 L. Street NW, Suite 525, Washington, DC 20036.

Success Trade Securities, Inc. Business Continuity Plan
Success Trade Securities, Inc. has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.
Contacting Us – If after a significant business disruption you cannot contact us as you usually do at 202-466-6890, you should call our alternative number 202-464-0567. If you cannot access us through either of those means, you should contact our clearing firm, Legent Clearing Corp., at 1-800-811-3487 for instructions on how it may provide prompt access to funds and securities, execute orders and process other trade-related, cash, and security transfer transactions for your customer.
Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.
Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor, bank and counter-party impact; regulatory reporting; and assuring our customers prompt access to their funds and securities if we are unable to continue our business.
Our clearing firm, Legent Clearing Corp., has the ability for real time back up capability of our important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by our clearing firm that its objective is to restore its own operations and be able to complete existing transactions and accept new transactions and payments as they occur. Your orders and requests for funds and securities could be delayed during this period.
Varying Disruptions – Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within 2 hours.
In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume business within 1 business day. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds and securities.
If the Securities Investor Protection (SIPC) determines that we are unable to meet our obligations to our customers or if our liabilities exceed our assets in violation of Securities Exchange Act Rule 15c3-1, SIPC may seek to appoint a trustee to disburse our assets to customers. We will assist the appointed trustee by providing our books and records identifying customer accounts subject to SIPC regulation.

Additional Contacts
Securities Investor Protection Services Legent Clearing Corp.
805 15th Street, NW, Suite 800 Corporate Headquarters
Washington DC 20005-2207 9300 Underwood Avenue
202-371-8300 Omaha, NE 68114
www.sipc.org 1-800-811-3487

For more information – Should you have any questions concerning our business continuity plan, you may submit a written request for additional information to our Customer Service Department at located at 1900 L. street, NW, Suite 525, Washington, DC 20036 or contact us by phone at 202-466-6890.


CUSTOMER COMPLAINT NOTICE - SEC Rule 17a-3(a)(18)(ii) DISCLOSURE STATEMENT
Success Trade Securities, Inc. in accordance with Rule 17a-3(a)(18)(ii), is furnishing this statement to provide you with a name, telephone number and address, if you ever need to report or notify us of a possible complaint. If, for any reason, you feel you have a complaint, please contact our offices immediately, either by mail at Success Trade Securities, Inc. 1900 L. Street NW, Suite 525, Washington, DC 20036, Attention: Compliance Department or 202-466-6890 and ask to speak with our Chief Compliance Officer.

SUCCESS TRADE SECURITIES, INC. MARGIN DISCLOSURE STATEMENT
Success Trade Securities, Inc. is furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with trading securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by your firm. Consult the firm regarding any questions or concerns you may have with your margin accounts.
When you purchase securities, you may pay for the securities in full or you may borrow part of the purchase price from your brokerage firm. If you choose to borrow funds from your firm, you will open a margin account with the firm. The securities purchased are the firm’s collateral for the loan to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and, as a result, the firm can take action, such as issue a margin call and/or sell securities or other assets in any of your accounts held with the member, in order to maintain the required equity in the account.
It is important that you fully understand the risks involved in trading securities on margin. These risks include the following:
You can lose more funds than you deposit in the margin account
A decline in the value of securities that are purchased on margin may require you to provide additional funds to the firm that has made the loan to avoid the forced sale of those securities or other securities or assets in your account(s).
The firm can force the sale of securities or other assets in your account(s)
If the equity in your account falls below the maintenance margin requirements or the firm’s higher “house” requirements, the firm can sell the securities or other assets in any of your accounts held at the firm to cover the margin deficiency. You also will be responsible for any short fall in the account after such a sale.
The firm can sell your securities or other assets without contacting you
Some investors mistakenly believe that a firm must contact them for a margin call to be valid, and that the firm cannot liquidate securities or other assets in their accounts to meet the call unless the firm has contacted them first. This is not the case. Most firms will attempt to notify their customers of margin calls, but they are not required to do so. However, even if a firm has contacted a customer and provided a specific date by which the customer can meet a margin call, the firm can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to the customer.
You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold to meet a margin call
Because the securities are collateral for the margin loan, the firm has the right to decide which security to sell in order to protect its interests.
The firm can increase its “house” maintenance margin requirements at any time and is not required to provide you advance written notice
These changes in firm policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause the member to liquidate or sell securities in your account(s).



You are not entitled to an extension of time on a margin call
While an extension of time to meet margin requirements may be available to customers under certain conditions, a customer does not have a right to the extension.
Should you have any additional questions concerning margin accounts, you may submit a written request for additional information to our Customer Service Department located at 1900 L. Street NW, Suite 525, Washington, DC 20036.

A margin account involves an extension of credit by Legent Clearing LLC (“Legent”) in connection with your securities. The Margin Agreement and consent to loan securities below enables Legent to pledge or lend securities carried for the margin account when money is loaned to you.

Informational Statement

Initial margin requirements established by the Board of Governors of the Federal Reserve specify the minimum amount of collateral you must provide when you buy securities on margin. This requirement is expressed as a percentage of the purchase price. It may change from time to time, and it may be a different percentage for different securities. For example, if the current margin requirement is 50%, and you purchase stocks on margin costing $15,000, only 50% of that amount ($7,500) is required to be paid. Under Regulation T, the required margin must be deposited into your account by settlement date. The balance due on the purchase will be paid by Legent, and your account will be debited accordingly. As part of the initial margin requirement, you must have a minimum of $2,000 equity every time you enter a new commitment in your margin account. The term “equity” means the excess market value of the securities in the account less any liabilities.

Maintenance margin requirements are established by Legent and by regulatory authorities for the purpose of maintaining a sound financial condition for Legent and the customer. If there is a decline in the market value or liquidity of securities that are the collateral for your Legent loan or in other circumstances where, in Legent’s judgment, adequate collateral does not exist, it may be necessary to issue a call (request) for additional margin collateral (cash or deposit of additional marginable securities). Ordinarily, a request for additional margin will be made when the equity in an account falls below 30% of the market value of all qualified securities in the account.

Additional margin will ordinarily be required if there is an undue concentration of one or more collateral securities, if your credit-worthiness significantly declines, or if the market value of low-priced stocks declines below $6 per share. Stocks priced from $3 to $6 require 50% maintenance, and stocks priced below $3 require 100% maintenance.

A margin call may be satisfied by the prompt deposit of cash or additional acceptable securities. While most call notices are delivered with a three day response time, Legent retains the right to require additional margin in any amount and in any time frame considered prudent. Legent’s determination is based on market conditions, concentration in one or more securities and other relevant factors. If you do not meet a margin call, Legent may liquidate securities in the account to the extent necessary to satisfy the call. Legent can sell your securities or other assets without contacting you. Legent or your broker may attempt to notify you of margin calls but is not required to do so. However, even if Legent or your broker has contacted you and provided a specific date by which you must meet a margin call, Legent or your broker can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to you. You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold by Legent to meet a margin call. Legent can increase its “house” maintenance margin requirements at any time and is not required to provide you advance written notice. You are not entitled to an extension of time on a margin call.

Interest Maintenance charged by Legent is based on the amount of money loaned to you. Interest is calculated in the manner described on the reverse side of this form and posted to your account statement as an addition to your debit balance.

The Interest Rate will vary from time to time without prior notice, in accordance with shifts in money rates. If Legent’s interest rate is to be increased for any other reason, you will be notified in writing at least 30 days prior to such change.

Short account securities will be “marked to the market” daily. The value of the short security will be considered as a debt to your account.

Securities in a margin account are registered in Legent’s name and are collateral for any margin loan. You still receive credit for all dividends or interest as long as all account requirements have been met. Your account will be charged for any dividends or interest on short positions.


Margin Agreement

Your Broker will be pleased to answer any questions You may have regarding Your margin account. This Margin Agreement is part of the Client Agreement (“Agreement”) between Legent and the undersigned (“You & Your”). In consideration of Legent’s acceptance of Your account under this Margin Agreement, You agree to the following supplemental terms and provisions:

Cleared Through Legent Clearing • 9300 Underwood Avenue, Suite 400• Omaha, Nebraska 68114-2685 • (401) 384-6101
www.legentclearing.com • Member FINRA, SIPC

Provision of Credit. Pursuant to Regulation T under the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Securities Exchange Commission (“SEC”) and the Board of Governors of the Federal Reserve System, it is agreed that You may purchase, carry and trade certain securities on margin. You authorize Legent to obtain reports concerning Your credit-worthiness and business conduct. Upon Your request, Legent agrees to provide you a copy of said reports.

Maintenance of Margin. You agree to maintain such positions and margins as are required by Regulation T and all other applicable statutes, rules and regulations, or as Legent deems necessary, (which requirements may be more stringent than those required by law or exchange regulations). Legent may change or modify such requirements without prior notice to You. You shall promptly satisfy all margin and maintenance calls.

Short Sales. You shall clearly designate any order to sell “short” or “short exempt;” all other sales shall be deemed to be “long.”

Interest on Margin. On demand, You shall pay interest on credit extended by Legent under this Margin Agreement for the purpose of purchasing, carrying or trading securities. The rate of interest charged for the provision of credit shall be calculated on a 360-day year and actual days elapsed, and in accordance with the following schedule determined by Your Broker. For purposes of this provision, the following definitions apply:

“Average Debit Balance” means the average daily amount of money loaned by Legent to You during the calculation period.
“Broker Call Rate” means the daily rate of interest quoted by Legent’s primary bank from time to time as its “broker call rate.” On demand, You also shall pay any balance owing with respect to Your Accounts, including fees and any cost of collection (including attorney’s fees). All payments received in Your Account, including interest, dividends, premiums and principals, may be applied to the balance owed to Legent.

Securities Lending. For any securities held by Legent as property on margin under this Margin Agreement or as collateral for Your obligations under this Margin Agreement, You authorize Legent to lend such securities, either separately or with other securities, to Legent or to other entities. Until written revocation is received by Legent, this Margin Agreement constitutes Your continuing consent to effect securities lending transactions. Upon such written revocation, Legent shall have reasonable time to deliver such securities to You.

Hypothecation of Securities. For any amount due to Legent, Your authorize Legent to pledge and re-pledge, and hypothecate and re-hypothecate, any security held or carried by Legent in an account, without notice to You, either separately or with other securities of other bona fide Legent clients. You represent that You will not cause or allow any collateral in any of Your Accounts to become subject to any liens, security interests, mortgages or encumbrances. You further represent that You are not controlled by or in control of any issuer of any securities You have provided as collateral to Legent.

Disclosure Regarding Liquidation. You acknowledge that: (i) Legent is not required to provide notice to You of a margin deficiency, and (ii) Legent may, under certain circumstances, liquidate Property held in Your Account, without notice, to satisfy minimum maintenance or margin calls. You also acknowledge that failure of Legent to promptly enforce its margin requirements does not prevent Legent from subsequently enforcing such margin requirements with respect to Your Account.

Liquidation. It is understood and agreed that to satisfy Legent’s policy regarding margin maintenance requirements, Legent may, in its discretion, require You to provide additional collateral or liquidate any part of the Property in Your Account. Without limitation, any of the following circumstances may give rise to Legent’s exercise of this power: (i) Your failure to meet promptly any call for additional collateral; (ii) the filing of a petition in bankruptcy by or again You.; (iii) the appointment of a receiver is filed by or against You; (iv) a significant judgment is entered against You, and any levy on Your Account is made; (v) Your death; or (vi) the occurrence of any event which, in Legent Clearing’s judgment, operates to impair Client’s ability to perform its obligations under this Margin Agreement. In any such event, and without further notice, you authorize Legent (i) to sell any Property held in the Account; (ii) to buy any security or other property which may be short; (iii) to cancel any open order; (iv) to close any outstanding order; and 9v) otherwise to take such action as Legent, in its discretion, deems necessary to comply with applicable statutes, rules and regulations governing a margin account.


Cleared Through Legent Clearing • 9300 Underwood Avenue, Suite 400• Omaha, Nebraska 68114-2685 • (401) 384-6101
www.legentclearing.com • Member FINRA, SIPC


I hereby request that my broker (“My Broker”) and Legent (“Legent”) amend the account in the name(s) listed as account owner(s) on this MARGIN application and to that purpose endorse this account as a MARGIN ACCOUNT.

By signing below, I acknowledge that I have received, read, understand and agree to be bound by the terms & conditions are set forth in the MAIN Customer Agreement as currently in effect and as amended from time to time. I acknowledge that I have received, read, understand and agree to be bound by the terms & conditions as set forth in the Margin Account Agreement as currently in effect and as amended from time to time. I represent that I am of required legal age to enter into this Agreement. I understand and acknowledge that Legent does not provide investment, tax, legal, accounting, financial or other advice.

Please Note: Legent and/or My Broker will verify information provided on this form through a third-party vendor in accordance with the USA Patriot Act.

I UNDERSTAND THAT THIS ACCOUNT IS GOVERNED BY A PRE-DISPUTE ARBITRATION AGREEMENT, WHICH IS SET FORTH IN SECTION 28 OF PAGE 3 IN THE MAIN CUSTOMER AGREEMENT. I ACKNOWLEDGE THAT I HAVE RECEIVED AND READ THE PRE-DISPUTE ARBITRATION AGREEMENT.

CUSTOMER AGREEMENT

TO: My Broker and My Broker or Legent Clearing LLC ("Legent") (collectively "You” and/or “Your"): In consideration of You opening one or more accounts on my behalf, I represent and agree with respect to all accounts, whether upon margin or cash, as follows:

1. Representation as to Capacity. If an individual, I am of legal age under the laws of the State where I reside and authorized to enter into this agreement and, except as otherwise disclosed to You, I am not an employee of any exchange or the FINRA and I am not an employee or associated person of a member firm of any exchange or of a member firm of the FINRA. I will promptly notify You if I become so employed or associated. To the extent that I have not already disclosed to you the following, I will notify You in writing if I, my spouse or immediate family member living in my household become a director, 10% beneficial shareholder, or an affiliate of a publicly traded company. If an entity, I am duly formed, validly existing and in good standing in my state of organization, have full power and authority to enter and perform this agreement, and the persons signing the account application are fully authorized to act on my behalf. No person, except Myself (or any person named in a separate agreement), has any interest in the account opened pursuant to this Agreement. I acknowledge that unless Legent receives written objection from me, under SEC Rule 14B-1(c), Legent may provide my name, address, and security positions to requesting companies in which I hold securities.

2. Authorization. I appoint You as my agent for the purpose of carrying out my directions to You in accordance with the terms and conditions of my agreement with You for my account and risk with respect to the purchase or sale of securities. To carry out your duties, You are authorized to open or close brokerage accounts, place and withdraw orders and take such other steps as are reasonable to carry out my directions. Unless I give You discretion by written authorization, all transactions will be done only on my order or the order of my authorized delegate except as described in paragraph 8.

3. Effect of Reports and Statements. I agree that reports of execution of orders and statements of my account shall be conclusive if not objected to within ten (10) days after transmittal to me by mail or otherwise. Such objection may be oral or in writing, but any oral objection must be immediately confirmed in writing.

4. Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents and subsequently make copies for the records.

5. SIPC and Other Insurance Coverage. I understand that Legent is a member of the Securities Investor Protection Corporation (SIPC), which provides protection for accounts up to $500,000 (including $100,000 for claims of cash) per client as defined by SIPC rules. An explanatory brochure is available upon request or at www.sipc.org or via telephone at (202) 371-8300. I understand that such coverage does not include transactions or trading losses or declines in the value of securities.

6. Telephone Recordings. I understand and agree that any telephone conversation with You will or may be recorded for accuracy and I consent to such recording.

7. Oral Authorization. I agree that You shall be entitled to act upon any oral instructions given by Me so long as You reasonably believe such instruction was actually given by Me.

8. Payment of Indebtedness. In the event I become indebted to You in the course of operation of this account, I agree that I will repay such indebtedness upon demand. I agree that if after demand I fail to pay the indebtedness, You may close my account and liquidate any assets in my account at Your discretion in an amount sufficient to pay my indebtedness. As security for any and all liabilities arising in favor of You, I pledge to Legent a security interest in all property held by Legent in any account maintained by Legent for Me individually, jointly or in the name of another person or entity. Legent is hereby authorized to make whatever disposition of pledged property it may deem appropriate to realize the security afforded by this provision, and I will remain liable for any deficiency. I further agree that Legent shall be entitled to exercise the rights and remedies, with respect to the pledged property, generally afforded a secured party under the Uniform Commercial Code. The reasonable costs of collection of any debit balance and any unpaid deficiency in my accounts, including attorney’s fees incurred by You shall be reimbursed by Me to You.

9. Sell Orders; Deliveries and Settlements. Unless otherwise specifically designated, any order directing the sale of Property shall be deemed to be a “long” sale, and in connection with any such order, I represent that I am the owner of the property subject of such order and agree to deliver the property to You in negotiable form on or before the settlement date. In the event that I fail to deliver the property to You by the close of business on the settlement date, You are authorized, in your discretion and without notice to Me, to (i) delay settlement, (ii) purchase comparable property to cover My position, or (iii) cancel the transaction. You may also charge any loss (including Interest), commission and fees to My account.

10. Buy Orders; Settlements. When I have directed that property be purchased, I agree to provide sufficient collected funds to cover such purchase on or before the settlement date. In the event that I fail to provide sufficient funds, You may, at your option and without notice to Me, (i) charge a reasonable rate of interest, (ii) liquidate the property subject of the buy order, or (iii) sell other property owned by Me and held in any account. You may also charge any consequential loss to My account

11. Distributions. In the event that I sell a security prior to its ex-dividend/distribution date, and I receive the related cash/stock dividend or distribution in error, I direct You on my behalf to pay such dividend/distribution to the entitled purchaser of the securities I sold, and I guarantee to promptly reimburse You for, or deliver to You, said dividend or distribution.

12. Restrictions on Trading. I understand that You may, in Your discretion, prohibit or restrict the trading of securities, or the substitution of securities, in any of My accounts. I understand that You may execute all orders by Me on any exchange or market, unless I specifically instruct You to the contrary.

13. Governing and Applicable Law. This Agreement and all transactions made in my account shall be governed by the laws of the State of California, (regardless of the choice of law rules thereof) except to the extent governed by federal securities law, the Federal Arbitration Act, and to the constitution, rules, regulations, customs and usage of the exchanges or market (and its clearing house) where executed.

14. Ratification; Sub-Brokers and Agents; Extraordinary Events; Indemnification. You may employ sub-brokers or other agents in connection with the execution of any order or the consummation of any other transaction hereunder, and You shall be responsible only for reasonable care in their selection. I understand that You shall not be liable for loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension of trading, war, strikes, natural disasters or any other conditions or causes beyond Your control or anticipation, including, but not limited to, delays in the transmission of orders due to breakdown or failure of transmission or communication facilities. I agree to indemnify and hold You harmless from any loss, damage or liability arising out of any transaction in which You act, directly or indirectly, as My agent, absent any willful or grossly negligent conduct by You.

15. Mutual Fund Transactions. In the event that I purchase or hold a mutual fund, I agree to read and understand the terms of its prospectus. I understand that certain mutual funds reserve the right to change their purchasing, switching or redemption procedures and/or suspend or postpone redemptions under certain market conditions. I further understand that any mutual fund order entered with You is placed by You on a best efforts basis as prescribed and recognized by the individual fund, and that You are not responsible for unexecuted orders due to the failure of any communication system. I agree to be fully responsible for the information contained within the mutual fund prospectus and to hold You harmless for any deficiencies contained therein. I authorize You to act as my agent in the purchase and redemption of fund shares.

16. Joint Account Authorization. In consideration of Legent’s carrying a joint account for the undersigned persons, we jointly and severally agree to be fully and completely responsible and liable for this account and to pay on demand any balance due. Each of us, or any person authorized to act on behalf of the account under a separate agreement, has full power and authority to make purchases and sales, withdraw funds and securities from, or to do anything else with reference to the account. You are authorized and directed to act upon instructions received from any of us. Suitability information provided on the front page reflects the combined interests of all joint owners. We understand that tax reporting information is processed using the social security number of the person first named in the registration. Each of us agrees to hold Legent and its employees and agents harmless from and indemnify them against any losses, causes of action, damages and expenses (including attorney’s fees) arising from or as the result of Legent, its employees or agents following the instructions of any of us. Legent in its sole discretion may at any time suspend all activity in the joint account pending instructions from a court of competent jurisdiction or require that instructions pertaining to the joint account or the property therein be in writing, signed by all of us. Legent may recover from the account or from any of us such costs as it may incur, including reasonable attorney’s fees, as the result of any dispute among us relating to or arising from the account. Upon any event that causes a change in the ownership of the joint account (divorce, death, assignment, etc.), all remaining accountholders or survivors shall immediately notify Legent in writing. Legent may take such actions in the account as Legent deems advisable to protect against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of the decedent or departing accountholder shall be liable together with each of the remaining or surviving accountholders, jointly and severally, to Legent for any net debit balance or loss in the account in any way resulting from any transactions initiated prior to notification to Legent or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. Notwithstanding the governing law provisions of Section 17 (a) of this Agreement, the legal ownership of our accounts shall be governed by the internal laws of the state of residence.

17. Liens. I further agree, jointly and severally if this is a joint account, that all property including cash or securities You may at any time be holding or carrying for me shall be subject to a lien in your favor for the discharge of obligations of the account to You. Such lien is to be in addition to and not in substitution of the rights and remedies You otherwise would have.

18. Definitions of the Word “Property.” For all purposes of this agreement, the word “Property” means of all kinds, monies and all contracts, investments and options relating thereto, whether for present or future delivery, and all distributions, proceeds, products and accessions of all such property. This includes all such property held, maintained or carried by Legent in any manner for Me.

19. Effect of Attachment or Sequestration of Accounts. Legent shall not be liable for refusing to obey any orders given by or for Me with respect to any account(s) that has or have been subject to an attachment or sequestration in any legal proceeding against Me, and Legent shall be under no obligation to contest the validity of any such attachment or sequestration.

20. Event of Death. It is further agreed that in the event of my death or the death of one of the joint account holders, the representative of my estate or the survivor or survivors shall immediately give You written notice thereof, and You may, before or after receiving such notice, take such proceedings, require such papers and inheritance or estate tax waivers, retain such portion of and/or restrict transactions in the account as You may deem advisable to protect You against any tax, liability, penalty or loss under any present or future laws or otherwise. Notwithstanding the above, in the event of my death or the death of one of the joint Account Holders, all open orders shall be canceled, but You shall not be responsible for any action taken on such orders prior to the actual receipt of notice of death. Further, You may in your discretion close out any or all of my accounts without awaiting the appointment of a personal representative for my estate and without demand upon or notice to any such personal representative. The estate of any of the account holders who shall have died shall be liable and each survivor shall continue liable, jointly and severally, to You for any net debit balance or loss in said account in any way resulting from the completion of transactions initiated prior to the receipt by You of the written notice of the death of the decedent or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. Such notice shall not affect Your rights under this agreement to take any action that You could have taken if I had not died.

21. Tax Reporting. The proceeds of sales transactions and dividends paid will be reported to the Internal Revenue Service in accordance with applicable law.

22. Information Accuracy. I (a) certify that the information contained in this agreement, the account application, and any other document that I furnish to You in connection with my account(s) is complete, true and correct, and acknowledge that knowingly giving false information for the purpose of inducing You to extend credit is a federal crime, (b) authorize You to contact any individual or firm noted herein or on the documents referred to in subsection (a) of this Section and any other normal sources of debit or credit information, (c) authorize anyone so contacted to furnish such information to You as You may request, and (d) agree that this agreement, the account application and any other document I furnish in connection with my account is Your property, as the case may be. I shall promptly advise you of any changes to the information in such agreements and documents. You may retain this agreement, the account application, and all other such documents and their respective records at Your sole discretion, whether or not credit is extended.

23. Credit information and investigation. I authorize You to obtain reports and provide information to others concerning My creditworthiness and business conduct. Upon My request, You agree to provide Me a copy of any report so obtained.

24. Equity Orders And Payment For Order Flow. Securities and Exchange Commission rules require all registered broker-dealers to disclose their policies regarding any “payment for order flow” arrangement in connection with the routing of customer orders. “Payment for order flow” includes, among other things, any monetary payment, service, property, or other benefit that results in remuneration, compensation, or consideration to a broker or dealer from any broker or dealer in return for directing orders. You transmit customer orders for execution to various exchanges or market centers based on a number of factors. These include: size of order, trading characteristics of the security, favorable execution prices (including the opportunity for price improvement) access to reliable market data, availability of efficient automated transaction processing and reduced execution costs through price concessions from the market centers. Certain of the market centers may execute orders at prices superior to the publicly quoted market in accordance with their rules or practices. While a customer may specify that an order be directed to a particular market center for execution, the order-routing policies, taking into consideration all of the factors listed above, are designed to result in favorable transaction processing for customers. The nature and source of any payments and /or credits received by You in connection with any specific transactions will be furnished upon written request.

25. Fees and Charges. I understand that there are charges for commissions and fees for executing buy and sell orders and for other services provided under this agreement. I agree to pay such commissions and fees at the then prevailing rate. I acknowledge that the prevailing rate of commissions and fees may change and that change may occur without notice. I agree to be bound by such changes. I specifically agree to pay a reasonable rate of interest on the principal amount of any debit balance carried with respect to the account. Interest due on the account is payable on demand. I also agree to pay such expenses incurred by You in connection with collection of any unpaid balance due on My accounts, including, but not limited to, attorney’s fees allowed by law.

26. Arbitration.
THE FOLLOWING ARBITRATION AGREEMENT SHOULD BE READ IN CONJUNCTION WITH THESE DISCLOSURES:
a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED;
b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
c. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS;
d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD.
e. THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT.
g. THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT.

27. ARBITRATION AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS BETWEEN THE UNDERSIGNED AND YOU, OR THE INTRODUCING BROKER, OR THE AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS OF YOU OR THE INTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS, THE INTRODUCING BROKER'S BUSINESS OR THE UNDERSIGNED'S ACCOUNTS, SHALL BE CONDUCTED PURSUANT TO THE CODE OF ARBITRATION PROCEDURE OF THE FINRA. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE DECISION AND AWARD OF THE ARBITRATOR (S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY.
The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.

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.