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These Terms of Use govern your access and use of our website (https://www.joinsmartpath.com and all related web pages), our portal site (https://onsmartpath.com and all related web pages), our related software applications, and all the services(the “Services”) that SmartPath, Inc. (referred to as “we”, “our”, or “us”)offers and provides to you through our website, our portal, and our related software applications. These Terms of Use also include and incorporate our Privacy Policy (“Privacy Policy”) that describes what information we collect from you and how we may use it. Please thoroughly review these Terms of Use, which along with any terms and conditions provided separately to you for the Services (i.e., written agreements, contracts, disclaimers, web or email product or program terms, ordering, activation, pricing and payment terms, etc.), collectively constitute a binding agreement between you and us (collectively, the “Agreement”). In the event of any conflicting provisions within the Agreement, the provisions most protective of us shall govern and control. By signing up for our Services and/or by accessing and/or using our Services (i.e., through our website, our portal site, and/or via our related software applications), you agree to be bound by the Agreement. If you do not agree to the Agreement, then you must refrain from signing up for our Services and from accessing and/or using ourServices (i.e., through our website, our portal site, and/or via our related software applications).
These Terms of Use shall not apply to the website operated by our affiliate, SmartPath Advisors LLC, which has its own terms of use made available through its website.
Last Updated: November 26, 2018
Scope
The Services consist of financial coaching and learning tools the help users evaluate financial choices, learn the fundamentals of personal finance and improve their financial health.
Not A Financial Planner, Broker Or Tax Advisor
NEITHER WE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider whether it may be appropriate to obtain additional tailored advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
Your Rights To Use The Services And Restrictions
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited right to use the Services, and we reserve all rights of ownership in the Services not expressly granted to you in writing here. Subject to the termination provisions set forth below, for so long as you meet any applicable payment obligations and comply with the Agreement, we grant to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by us for the Services. If, notwithstanding the foregoing, you grant access to your account or the Services to any other person, you will be in violation of the Agreement and you will be solely responsible for any actions taken by any such person, as well as any damages or losses caused by any such person to you, us, and/or others.
You agree not to use the Services or content from these Services in a manner that violates any applicable local, state, federal or international law, regulation or the Agreement. Without limiting the foregoing, unless otherwise authorized by us in writing, you agree you will not:
Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without SmartPath’s express written consent, which may be withheld in SmartPath’s sole discretion;
The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, the Agreement and your right to use the Services may be terminated by us in our sole discretion.
You are solely responsible for maintaining and securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact us immediately by email at the address provided under the heading “Unauthorized Access” below.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
You are responsible for your own actions while using the Services. In particular, you should not use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others.
Your Content
When you use the Services, you create or enhance an existing personal profile and manually enter information, including, without limitation, your financial information (budget, expenses, income, etc.). You warrant and represent that you own or otherwise control the rights to all of this information provided to us through your use of the Services (the “Content”). You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute Content that is not in accordance with the law. If you are suspected of having or using any information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law, you may have your accounts terminated, your financial data erased, and you also may be reported to law enforcement officials in the appropriate jurisdictions. We are not responsible for the Content or data you submit to us.
We may freely use feedback you provide. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, future modifications of the Services, other products or services, advertising or marketing materials. You grant us an unrestricted, perpetual, worldwide, fully transferable, sublicensable, non-revocable, non-terminable, fully paid-up, royalty-free license to use the feedback you provide to us.
Use and Validity of Email Notices; Email Account
By providing your email address to us, you agree that we may provide, and that you will accept and receive, all required notices from us electronically, to that email address or such other email address as you designate. If you wish to receive notices at another email address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences.
Required and other notices and communications from us will be provided in HTML (or, if your system does not support HTML, in plain-text) format either in the text of the applicable email or through an embedded link to the appropriate page on our website or portal or software applications, as applicable, which should be accessible through any standard, commercially available internet browser.
Notwithstanding the foregoing, we may in our sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate. Additionally, and notwithstanding anything to the contrary, if you are enrolled in the Services under an employer or third party sponsored program, we may impose limits or prohibitions on the use of non-employer or non-sponsoring entity email accounts that may restrict or limit your ability to use a personal or other email account in conjunction with the Services.
Any legal notices by you to us relating to the Agreement should be sent by email to the following address: support@joinsmartpath.com.
Account Security
You are responsible for maintaining the privacy and security of your log-in access and other security information. You are also responsible for maintaining the integrity of your hardware and operating system to prevent viruses, spyware or other malicious software from stealing your password information or data. We bear no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify us by email to: support@joinsmartpath.com.
Our Other Services & ThirdParty Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by us. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.
We may provide links to third-party websites providing third-party products and services that we believe may be of interest to you. If you decide to access and use such websites and/or use such third-party products and services, you are solely responsible for such access and/or use, including, without limitation, reviewing such third party’s separate terms of use and privacy policies. We do not endorse, warrant or guarantee any such third-products and services and we are not an agent or broker or otherwise responsible for such third-party products and services. We further do not guarantee that the third-party offer information displayed through our website actually reflects the terms that may be offered to you if you pursue the offer, or that they are the best terms, lowest rates available in the market, or otherwise suitable for you. You must complete your own review and due diligence of any third-party offers, products or services, and we disclaim any express or implied obligation to do so.
Alerts
We may provide automatic or voluntary account-related alerts from time to time. We may deliver these alerts to your computer, mobile phone, or other device or by such other method of using the Services that you select and we support.
Automatic alerts may be sent to you following certain changes made to your account with us, such as a change in your account information. We may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Services.
Voluntary account alerts initially may be turned on by default as part of the subscription and enrollment process for the Services. They may then be customized, modified, deactivated or reactivated by you through changes to your account settings. We may add new alerts from time to time, or may cease to provide certain alerts at any time in its sole discretion. Each alert will have different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts may be sent by us to the email address or other contact information or account you have provided as your primary email address or other contact address for the Services and you may subsequently set your alerts to go to one or more accounts or devices. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your alerts.
Because alerts are not encrypted, we will not include your password. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email or other device or accounts receiving alerts will be able to view the content of these alerts and it is your responsibility to maintain the privacy and security of this information. Furthermore, if your computer, mobile phone, or other device or account that is receiving or previously has received alerts is lost, stolen, or misplaced, or is otherwise compromised, we are not responsible for any information or alerts that may be accessed by third parties and you are encouraged in any such case to immediately change your password and login ID from a secure device.
Any automatic or voluntary alerts provided by us may be delayed, blocked, or prevented by a variety of factors. While we will use reasonable efforts to provide alerts in a timely manner with accurate information, we can neither assure or guarantee the timely delivery or the accuracy of the information contained in any alert. You agree that we will not be liable or responsible for: any delays, blockage, failure to deliver, or misdirected delivery of any alert, any errors in the information contained in an alert; or for any actions taken or omitted to be taken by you or any third party as a result of or in reliance upon any alert provided by us or not delivered by us.
Payment
The Services may be paid for in full by your employer or another third-party, in which case, the terms in this Payment section shall not apply to you, but otherwise, the terms in this Payment section shall apply to you. The Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on any website for the Services.
You must pay with one of the following:
If your payment and registration information is not accurate, current, and complete and/or you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
We will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Services are canceled or terminated under the Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
Disclaimer Of Warranties and Limitation Of Liability
YOUR USE OF THE SERVICES, OUR WEBSITE, OUR PORTAL, OUR SOFTWARE APPLICATIONS, AND/OR YOUR CONTENT, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUR WEBSITE, OUR PORTAL, AND OUR SOFTWARE APPLICATIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. WE, FOR US, AND FOR OUR AFFILIATES, OUR PARTNERS (I.E., INCLUDING, WITHOUT LIMITATION, ALL EMPLOYERS THAT SPONSOR SERVICES FOR THEIR EMPLOYEES, AND THEIR RESPECTIVE THIRD PARTY ADMINISTRATORS THROUGH WHOSE WEBSITES THE SERVICES MAY BE MADE AVAILABLE) AND ALL THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY REGARDING: THE SERVICES, OUR WEBSITE, OUR PORTAL, AND/OR OUR SOFTWARE APPLICATIONS BEING FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES, OUR WEBSITE AND/OR OUR APPLICATIONS. WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES, OUR WEBSITE, OUR PORTOAL, OUR SOFTWARE APPLICATIONS, AND/OR YOUR CONTENT ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE ABOVE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES, OUR WEBSITE, OUR PORTAL, OUR SOFTWARE APPLICATIONS, AND/OR YOUR CONTENT WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), AND/OR ANY OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES, OUR WEBSITE, OUR PORTAL, OUR SOFTWARE APPLICATIONS, AND YOUR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US, AND OUR AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, OR $100.
WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; (C) CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET OUR SYSTEM’S REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF WE AND OUR AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF US AND OUR AFFILIATES, PARTNERS AND SUPPLIERS, AS WELL AS YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE SERVICES, OUR WEBSITE, OUR PORTAL, OUR SOFTWARE APPLICATIONS, YOUR CONTENT, AND THE USE BY YOU OF THE FORGOING, AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO US TO ENTER INTO THE AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY US.
Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, partners and suppliers from and against any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out or in any way related to your use of the Services, our website, our portal, our software applications, and/or your breach of the Agreement (collectively referred to as “Claims”). We reserve the right, in our sole discretion, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
Changes To This Agreement Or The Services
We may change these Terms of Use from time to time, and the changes will be effective when posted on our website, through our account notification procedures, or when we notify you by other means. Please review these Terms of Use periodically for changes. We have the right to change any of the terms of these Terms of Use upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after we post or otherwise notifies you of any changes, indicates your agreement to the changes. These Terms of Use may be modified only as provided in this section.
Termination
We may immediately and without notice terminate the Agreement and/or suspend the Services provided to you, if you fail to comply with the Agreement. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of the Agreement and/or suspension of the Services shall not affect our rights to any payments due to us. Our Privacy Policy and the following sections of the Terms of Use will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Not a Financial Planner, Broker or Tax Advisor; Your Content; Payment (i.e. until all payments have been made in full for Services provided); Disclaimer Of Warranties and Limitation Of Liability; Indemnification; Termination; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.
You may cancel your account or any part of the Services at any time; provided that we will not refund any pre-paid fees upon such termination or cancellation. We reserve the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).
Upon termination of your account for any reason, we reserve the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your information in connection with your account; (c) prohibit your access to your account, including without limitation by deactivating your password; and (d) refuse your future access to the Services.
Copyright And Trademark Notices
All materials of the Services (as well as the organization and layout of the Services), our website, our portal and our software applications, are owned and copyrighted or licensed by us, our affiliates, our partners and/or our suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Services, which includes our website (and any successor websites or additional websites or any co-branded websites), our portal, and our software applications, is permitted without the written permission of us. Any rights not expressly granted herein are reserved by us. Our name, our logo, and product and service names are trademarks of us (the “SmartPath Marks”). You agree not to display or use the SmartPath Marks in any manner whatsoever without our prior permission.
The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. We do not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. We disclaim any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.
Governing Law And Jurisdiction
The internal, substantive laws of the State of Georgia govern the Agreement without regard to its conflicts of laws provisions. As a material inducement to us to enter into the Agreement and provide you access to the Services and other offerings provided by us at such low price points, you agree that to resolve any legal dispute arising from the Agreement, you and we agree to the exclusive jurisdiction of state or federal courts located in Atlanta, Georgia. We do not represent that information on our website, our portal, and/or provided through our software applications is appropriate or available for use in all countries. We prohibit accessing materials from countries or states where such access is illegal. You are accessing this website, our portal, and our software applications on your own initiative and you are responsible for compliance with all applicable laws.
General
You represent and warrant that you are at least 18 years of age. The Agreement is the entire agreement and understanding between you and us and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of the Agreement is invalid, illegal, void or unenforceable, then such part of the Agreement will be removed and severed from the Agreement without affecting the validity, enforceability, and effectiveness of the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement. Our rights and remedies under the Agreement are intended to be cumulative and any failure by us to exercise or enforce any of its rights or remedies under or in connection with the Agreement or to which we are entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of our rights or remedies, all of which will still be and remain available to us. By agreeing to be bound by the Agreement, you also agree to receive email communication from us unless you respond that you would like for your address to be removed from this list.
Variances in Terms for Employer or Third Party Sponsored Programs
If you are enrolled in the Services under an employer or third party sponsored program, the provisions of the Agreement as applied to you may vary in one or more ways from those set forth above, but only if you are notified in writing.