Terms and Conditions of Use
Effective Date: July 1, 2025
Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Hamiltonian Inc. and Hamiltonian International LLC (“Credit Convey”, “VANSi”, “VAN$i”, “we,” “us,” “our”, and the “Company”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
The websites, www.creditconvey.com, www.vansi.com, and www.hamiltonian.inc, or any website of ours that links to this Terms of Use (our “Websites”); and
Our mobile applications (our “App”); and
The services (“Services”) made available through our Platform.
Our Websites, App, and Services are collectively referred to as our “Platform.”
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Platform.
1. Ownership of the Platform
All pages, features, and content within the Platform and any material made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by the Company. You shall comply with all proprietary notices contained in any Content accessed via the Platform. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) provide archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of the Platform without our express written consent.
2. Access to the Platform, Security and Restrictions; Passwords
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for Americans with Disabilities Act (ADA) accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”).
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by the Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by the Company at any time with or without cause. You agree to defend, indemnify and hold the Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by the Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
3. Account Set-Up and User Information.
You agree to provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”). Your ability to maintain an account on the Platform may be subject to additional requirements, such as maintaining an active membership and linking a verified bank account. You further agree to maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
4. No Users Under 18 Years Old.
In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal data about yourself to us. If we learn that we have collected personal data from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal data from someone under the age of 18, please contact us.
5. Support for the Platform; Functionality.
All questions and requests relating to support of the Platform must be directed to the Company. The Third Parties, as defined in Section 15, are not responsible for providing support for the Platform and may not be contacted for such support. We may change or remove functionality and other features of the Platform at any time, without notice.
6. Accuracy and Integrity of Information.
Although the Company attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. Any information provided through the Platform are for informational purposes only. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. The Company reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, the Company will have no responsibility or liability for information or Content posted to the Platform from any non-affiliated third party.
7. Typographical Errors and Incorrect Pricing.
In the event a Service is listed at an incorrect price due to a typographical error or an error in pricing information, we have the right to refuse or cancel any orders placed for Services listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your payment account in the amount of the incorrect price.
8. Enrollment and Establishing a Membership.
All features require providing the Company with access to your banking information via Plaid® and designating a bank account where you would like the Company to debit your Membership Fee, monitor your transactions, and deposit/repay any BaG cash (“Linked Account”).
After you create a Mobile App user account, you will be prompted to identify and connect a Linked Account via Plaid® if you attempt to use or access any feature within the Mobile App. The Company offers both free and premium membership tiers. This choice of the tier is made by you at the time that you sign up for the service, and after connecting your bank account via Plaid®.
8.a. Free Tier Membership: If you select this tier, you will have unlimited access to $20 BaG cash, free 3-day standard funds delivery, the Financial Stability Insights, Analytics, Balance Alert services, Pay & Transfer services, Automatic Payment Rescheduling, and Automatic Partial Payments.
8.b. Premium Tier Membership: If you select this tier, you will have unlimited access to BaG cash (starting from $20, $40 or $50 gradually growing to $200), free 3-day standard funds delivery, Expedited Funds Delivery, the Financial Stability Insights, Analytics, Balance Alert services, Pay & Transfer services, Automatic Payment Rescheduling, and Automatic Partial Payments.
8.c. Premium Tier Membership Fee: There is a paid annual membership required after a free trial period to access the premium tier and functionalities. For your convenience, we break down your yearly membership dues into bi-weekly payments of $7.99 (“Membership Fee”). All payments must be user-authorized. The Company does not automatically debit or initiate payments from your bank account or payment method without your authorization. After we receive your payment authorization, we will automatically electronically debit a $7.99 Membership Fee from your Linked Bank Account every two (2) weeks, unless you cancel your authorization or if we determine that you do not have sufficient funds. The bi-weekly billing date will start on the first Friday, following three (3) business days from when you initially connect a bank account to the Platform. The Membership Fee will be debited from your Linked Account on your bi-weekly billing date until you disconnect your bank account and cancel your membership. Your next billing date will always be displayed under the Settings tab in the App for your consideration. You may cancel your premium tier membership at any time during the year, and you will not be charged any bi-weekly Membership Fees after cancellation.
As applicable, you also authorize us to electronically debit and credit your Linked Account to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorizations contained in this section represent your written authorizations for automated clearinghouse ("ACH") and other payment method transactions as provided herein and will remain in full force and effect until you notify us that you wish to revoke your authorization by emailing support@creditconvey.zendesk.com.
You must notify us at least three (3) business days before the scheduled debit date to cancel an authorization. When you email, please include the name, email address, and telephone number associated with your user account. Failure to provide correct and complete information may make it impossible for us to locate and verify your account and to stop the withdrawal of the preauthorized transaction. You agree to indemnify and hold the Company harmless from and against any loss incurred due to its withdrawal of an ACH or other payment method transaction from your Linked Account if any of the information relied upon in your request to revoke authorization is incorrect or incomplete. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to us that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. In no event will our liability to you exceed the amount of the debit transaction and your bank’s fees that you incur as a direct result of the debit transaction. You represent that you can save or otherwise store a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
In addition, if we do not debit your Linked Account because you do not have sufficient funds or if your bank returns a payment or is otherwise unsuccessful, the Company reserves the right to downgrade your membership to the free tier.
8.d. Membership Cancellation and/or Renewal: Your membership (free or premium) will be canceled automatically after 12 months at which time you can renew it by reconnecting your bank via Plaid®. The Company will stop any recurring billing activity after completing your cancellation.
During the term of any membership, you may cancel your membership and disconnect your Linked Account by visiting the Settings screen in the Mobile App and tapping “Cancel Membership.” Alternatively, you can cancel your membership at any time by contacting our Customer Service via support@creditconvey.zendesk.com or by disconnecting your bank account through my.plaid.com or by contacting your bank. Your membership will automatically be canceled if the Company deletes or disables your Mobile App user account.
Please note that simply uninstalling or deleting the Mobile App from your mobile device will not cancel your membership or stop the Membership Fee. You must cancel your membership by one of the methods described above.
9. Overview of the Services.
The Company offers various services and features collectively referred to as the "Services." These Services include the following:
9.a. Bridge-a-Gap “BaG” cash: You may request a BaG cash from the Mobile App at anytime, subject to approval. BaGs are not loans or traditional credit. They are on-demand advances offered to help you avoid financial hardship, subject to approval. The amount of the BaG cash for the members of the free tier is $20. For premium members, the amount will increase gradually over time from $20, $40 or $50 to $200. You may request another BaG cash at any time after repaying the previous BaG cash. We reserve the right to adjust BaG cash amounts at any time.
9.b. Free 3-day Standard Funds Delivery: available to all members at any time, a standard Automated Clearing House ("ACH") transfer generally appears in your Linked Account within three (3) business days.
9.c. Expedited Funds Delivery: available only to the premium tier, when members request a BaG cash, you will be given the option to receive your BaG cash through an Expedited ACH transfer and/or through a Real-Time Payment (RTP). Expedited ACH transfers are subject to express delivery fees. These fees vary depending on the BaG amount and will be clearly disclosed at checkout. Expedited ACH transfers will usually be credited to your Linked Account within one (1) business day. RTP Transfers are subject to availability by your bank and will appear on your Linked Account within five (5) minutes. If you choose to receive your BaG cash through an Expedited ACH transfer or through the RTP Transfer, the delivery fee will be payable at the time you repay the BaG cash.
9.d. Financial Stability Insights and Analytics: available to all members at any time, this service includes your progress on your BaG cash, your available balance, your most recent transactions, and your scheduled upcoming transactions at your Linked Account.
9.e. Balance Alert: If we detect that your account balance in your Linked Account is below a certain threshold, we will alert you with notifications and invite you to take advantage of the BaG cash services. The Company is not responsible for, nor does it assume any liability for errors or omissions in sending such alerts. You may also request a BaG cash anytime through the Mobile App.
9.f. Pay & Transfer: available to all members, this service allows you to send funds (including BaG cash) to your intended recipient via Standard or Expedited Funds Delivery.
9.g. Automatic Partial Payments: available to all members, we will first attempt to debit your Linked Account for the outstanding amount (or Your Balance). However, if we determine before debiting your Linked Account that you do not have sufficient funds, we will instead attempt smaller debits as you make deposits to your Linked Account. You will receive more details regarding the repayment of your BaG cash through the App when you request the BaG cash before you accept.
9.h. Automatic Payment Rescheduling: available to all members, if we determine before debiting your Linked Account that you do not have sufficient funds to make a Partial Payment, we will then reschedule your outstanding amount for the next business day.
9.i. BaG Cash Repayment: available to all members, all payments must be user-authorized. The Company does not automatically debit or initiate payments from your bank account or payment method without your authorization. Each BaG cash, including any Express Delivery Fees (Total BaG Cash Amount, Your Cash, or Your Balance), is repayable at a future date. There is no mandatory minimum repayment time frame. We will assign you a repayment date based on our estimation of when you will have sufficient funds in your Linked Account (Repayment Date). We will disclose the Total BaG Cash Amount and Repayment Date to you before you accept your BaG cash. You can contact support@creditconvey.zendesk.com if you need assistance with your repayment date. We will debit your Linked Account on the Repayment Date as authorized. If after authorization (i) your repayment transaction is declined or returned by your bank, or (ii) we do not process your repayment because we have determined you do not have sufficient funds in your Linked Account, or (iii) we are otherwise unable to process your repayment on the Repayment Date, we may, at our discretion, reattempt your repayment again within one hundred and twenty (120) days of your Repayment Date. If there is still an outstanding BaG cash amount remaining after attempting smaller debits as disclosed through the App, we will cancel the remaining amount, and you will not need to repay it. You will also continue to be able to request future BaG cash, but the size of future BaG cash may be affected. The Company warrants that it has no legal or contractual claim against you based on a failure to repay a BaG Cash. With respect to a failure to repay a BaG cash, the Company warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. The Company does not waive any rights regarding fraudulent or illegal activity, and the Company will pursue instances of fraud. Although the Company is helping users avoid overdraft fees, it is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other fees, charged by your bank that result from your failure to maintain a sufficient balance in your Linked Account. The Company monitors your balance and will attempt to avoid debiting your account if you do not have sufficient funds, but it makes no warranties that an overdraft will not occur or that your bank will not charge you fees.
10. Refunds.
Express Delivery Fees and BaG Cash Repayments are generally non-refundable.
The last paid Membership Fee before a permanent membership cancellation and account deactivation is subject to our courtesy refund policy upon request.
11. Export Policy and Restrictions.
You acknowledge that Services that are licensed on the Platform, which include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations, including, but not limited to the Export Administration Act and the Arms Export Control Act , and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By subscribing to the Services, you agree that you will not use any Services, or provide Services to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the applicable sanctions regulations administered by the U.S. Office of Foreign Assets Control, or any similar sanctions legislation applicable in your home jurisdiction. You shall indemnify and hold harmless the Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
12. Links to Other Sites.
The Company makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Company website, please understand that it is independent from the Company, and that we have no control over the content on that website. In addition, a link to a non-Company website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
13. Electronic Communications.
YOU ARE AGREEING TO EXECUTE DOCUMENTS AND CONTRACTS USING ELECTRONIC SIGNATURES AND TO FOREGO UTILIZING PEN-AND-INK SIGNATURES ON PAPER. ADDITIONALLY, UNDER THESE TERMS, YOU ARE AGREEING TO RECEIVE COMMUNICATIONS AND DOCUMENTATION ELECTRONICALLY AND NOT ON PAPER.
When you use the Platform, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We may contact you by telephone, mail, or email to verify your information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
By using the Platform, you consent to receive transactional and promotional communications from us. You may opt out of promotional messages at any time by following the unsubscribe instructions in our communications.
The Company is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and emails you receive from us are intended to comply fully with CAN-SPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us.
14. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to The Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Attn: Vansi Copyright Agent
Foley & Lardner LLP
321 N Clark St., Suite 3000
Chicago, IL 60654
1 (831) 337-0656
copyrightvansi@foley.com
15. Disclaimer of Warranties.
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY THE COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
16. Limitation of Liability Regarding Use of the Platform.
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).
17. External Services.
The Platform may enable access to our App and may also integrate with or provide links to third-party services and websites, including financial data aggregation services such as Plaid Inc., Carmel Technologies, and Orum (collectively, "Financial Data Providers"), and social media sites (collectively and individually, "External Services").
Your use of any External Services, particularly Financial Data Providers, is voluntary and subject to your agreement with their respective terms of service and privacy policies, which you should review carefully. When you use Financial Data Providers through our Platform, you are granting them the right to access and transmit your personal and financial information from the relevant financial institution. The Company does not store your bank login credentials provided to such Financial Data Providers.
You agree to use the External Services at your sole risk. The Company is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial information, is for general informational purposes only and is not guaranteed by the Company or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of the Company or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Company is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Company reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
18. Governing Law and Jurisdiction.
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
In the event of any dispute or claim involving intellectual property, or in the event the arbitration described in Section 17 is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Dispute Resolution; Arbitration Agreement.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 17. (The JAMS Rules are available at jamsadr.com/rules-comprehensive-arbitration/.) You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send the Company, by certified mail, a written notice of your claim (a “Notice”) to the address provided in Section 22 (Contact Us) of these Terms of Use, Attn: Legal Department. If the Company initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or us, must: (a) include your full name, mailing address, and email address; (b) describe the nature and basis of the claim or dispute; (c) describe the specific relief sought; (d) provide a sworn certification that the claim is not being filed on behalf of or in connection with any third party or group and that you have not filed or authorized more than one claim against the Company arising from the same facts (the “Demand”). If you and the Company do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or the Company may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
To the extent permitted by law: (a) the Company will pay all administrative and arbitrator fees for claims seeking less than $10,000 in damages, unless the arbitrator finds the claim to be frivolous or filed in bad faith; (b) for claims seeking $10,000 or more, the fees shall be split equally, but you may request a waiver or reduction based on financial hardship; (c) the arbitrator may award fees and costs as provided under applicable law, or if the arbitrator determines a claim or defense was frivolous, brought in bad faith, or for purposes of harassment; and (d) if ten (10) or more similar claims are asserted by or with the assistance of the same or coordinated counsel (even if filed separately), within a sixty (60) day period, the parties agree that the arbitration administer shall batch the arbitration demands, appoint one arbitrator for the batch, and provide for the resolution of the batch as a single consolidated arbitration with one set of filing and administrative fees due for the batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The Company may also petition a court to stay such arbitrations and resolve threshold enforceability or mass arbitration abuse issues.
You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Notwithstanding the above, either party may seek relief in a court of competent jurisdiction for (a) claims of intellectual property infringement, or (b) temporary or preliminary injunctive relief, where such relief is appropriate to prevent imminent harm and arbitration would not provide an adequate remedy.
This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.
20. Compliance with Laws.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Platform in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
21. Waiver and Severability.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
22. Injunctive Relief.
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
23. Revisions; General.
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between the Company and you pertaining to the subject matter hereof. In its sole discretion, the Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
24. Contact Us.
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below.
How to Contact Us:
109 E 17th Street, STE 430
Cheyenne WY 82001
1 (831) 337-0656
support@creditconvey.zendesk.com