THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
The Sites and Services are only intended for your personal use. You agree not to use the Sites or Services or the content or information delivered through the Sites or Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Nummo or its service providers or cause Nummo to lose the services of our service providers; (d) access the information and content of the Sites and Services programmatically by macro or other automated means; (e) use the Sites or Services in such a manner as to interfere with or gain unauthorized entry or access to the Sites, Services, or computer systems; (f) copy, sell, resell, or exploit for commercial purposes any portion of the Sites or Services; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Sites or Services; (h) reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of the Sites or Services; (i) use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an Account (defined below); (j) use the Sites or Services in a manner that is distasteful, offensive or controversial, tortious, or abusive; (k) and/or assist or permit any persons in engaging in any of the activities described above.
Portions of the Sites and Services may require that you register an account with Nummo (your “Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Nummo of any unauthorized use of your password or any other breach of security about which you may be aware.
The Services are not intended to provide legal, tax or financial advice. The Services are strictly educational in nature and are provided with the understanding that neither Nummo nor its third party service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. Nummo makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through your use of the Services. The Services are intended only to assist you in your banking decision-making and financial planning and management, and are provided without complete knowledge of your financial situation. If legal, financial, or other professional advice is required, the services of a competent professional person should be sought.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. NUMMO AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SERVICES OR ANY PORTION OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUMMO AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NUMMO AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE FINRA OR THOSE OF ANY OTHER ORGANIZATION ANYWHERE IN THE WORLD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL NUMMO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TORT, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR USE OF THE SERVICES, OR YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES, EVEN IF NUMMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, NUMMO’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR CITIZENS OF NEW JERSEY, THE DISCLAIMER OF PUNITIVE DAMAGES DOES NOT APPLY.
The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to Nummo, except third party trademarks or service marks, which are the property of their respective owners.
If you believe that any of your work has been copied and is accessible on any of the Sites in a manner that constitutes copyright infringement, please provide Nummo’s copyright agent in writing with:
Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to Nummo’s copyright agent at Mosaic Legal Group, PLLC, ATTN: Nummo DMCA, 5185 MacArthur Boulevard, NW, Suite 350, Washington, D.C. 20016-3341 or at firstname.lastname@example.org (Subject: Nummo DMCA).
Nummo may contact you by posting a message to the Sites or via any information you submit to Nummo in registering for your Account. Any notices sent to Nummo must be by post or electronic mail to Nummo at Stationsstrasse 1, CH-8003 Zurich, Switzerland and email@example.com.
Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Vault Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Vault Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Vault Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Content You Provide. Your use of the Vault Services is your authorization for Nummo or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Nummo and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Vault Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Vault Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
Power of Attorney. You grant Nummo and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Nummo and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required 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 understand and agree that the Vault Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN NUMMO OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
Third Party Accounts. With respect to any third party sites we may enable you to access through the Vault Services you agree to the following:
You are responsible for all fees charged by the third party in connection with any nonNummo accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Section XV does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Nummo account, you agree to direct these to the account provider.
Any links to third party sites that we may provide are for your convenience only, and Nummo and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Vault Services, are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. Neither we nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
Limitations of Vault Services. When using the Vault Services, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Vault Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Vault Services at any time without prior notice.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Vault Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties for those third parties’ own use.
Ownership. You agree that Nummo and its service providers, as applicable, retain all ownership and proprietary rights in the Vault Services, associated content, technology, mobile applications and websites.
Export Restrictions. You acknowledge that the VaultServices and any software underlying such Vault Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Vault Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Vault Services may include technical data subject to export and re-export restrictions imposed by U.S. law.