Last Updated June 23, 2016
The Services consist of a budgeting and learning tool that helps users create and maintain a budget, learn the fundamentals of personal finance and engage in fun competitions that encourage accountability.
Not A Financial Planner, Broker Or Tax Advisor
NEITHER SMARTPATH NOR THE SERVICES IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. SMARTPATH IS 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 SmartPath reserves 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 this Agreement, SmartPath grants 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 SmartPath on the website 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 this 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, SmartPath, or others.
You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by SmartPath 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;
- Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);
- Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other SmartPath systems that are not part of these Services.
- Excessively overload the SmartPath systems used to provide the Services.
The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by SmartPath in its 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 SmartPath immediately by e-mail 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.
When you use the Services you create a personal profile and manually enter information, including, without limitation, your financial information (budget, expenses, income, etc.). You may also interact with other users of the Services from time to time via competitions. You warrant and represent that you own or otherwise control the rights to all of this information provided to SmartPath 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. Any users 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 may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. SmartPath is not responsible for the Content or data you submit on the website.
SmartPath may freely use feedback you provide. You agree that SmartPath 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 SmartPath an unrestricted, perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty-free license to use the feedback you provide to SmartPath.
Use and Validity of E-Mail Notices; E-mail Account
By providing your e-mail address to SmartPath, you agree that SmartPath may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail 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 e-mail or through an embedded link to the appropriate page on our website, which should be accessible through any standard, commercially available internet browser.
Notwithstanding the foregoing, SmartPath may in its 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, SmartPath may impose limits or prohibitions on the use of non-employer or non-sponsoring entity e-mail accounts that may restrict or limit your ability to use a personal or other e-mail account in conjunction with the Services.
Any legal notices by you to SmartPath relating to this Agreement should be sent by you to SmartPath by e-mail to the following address: email@example.com.
You are responsible for maintaining the privacy and security of your password 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. SmartPath bears 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 SmartPath by e-mail to: firstname.lastname@example.org.
SmartPath And Third Party Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by SmartPath. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.
SmartPath may provide links to third-party websites providing services that we believe may be of interest to SmartPath users. If you decide to use any third party products or access any third party websites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.
SmartPath does not endorse, warrant or guarantee the products or services available through any such offers, and SmartPath is not an agent or broker or otherwise responsible for the activities or policies of those web sites. SmartPath does not guarantee that the third-party offer information displayed through the Services are actually 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 SmartPath disclaims any express or implied obligation to do so.
SmartPath may provide automatic or voluntary account-related alerts from time to time. SmartPath 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 SmartPath supports.
Automatic alerts may be sent to you following certain changes made to your SmartPath account, such as a change in your account information. SmartPath 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. SmartPath 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 never 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, SmartPath is not and cannot be 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 SmartPath may be delayed, blocked, or prevented by a variety of factors. While SmartPath 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 SmartPath 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.
*For purposes of clarity, if you request a password reset, we may email a temporary password to you. We don’t consider this an alert.
For Services offered on a payment or subscription basis, the following terms apply, unless SmartPath notifies you otherwise in writing or unless your subscription has been paid for by a third party such as an employer or retirement plan provider, in which case your subscription is covered under an agreement with that third party. This 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:
- A valid credit or debit card acceptable to SmartPath;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By any other payment option made available by SmartPath.
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.
SmartPath 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 this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
Disclaimer Of Warranties and Limitation Of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, AND YOUR CONTENT, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUR WEBSITE, AND OUR APPLICATIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. SMARTPATH, FOR ITSELF, AND FOR ITS AFFILIATES, ITS 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”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY REGARDING: THE SERVICES, OUR WEBSITE, AND/OR OUR 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. SMARTPATH AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES, OUR WEBSITE, OUR 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.
SMARTPATH AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES, OUR WEBSITE, OUR 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”), OR 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 APPLICATIONS, AND YOUR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SMARTPATH, AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO SMARTPATH FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, OR $100.
SMARTPATH AND ITS 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; 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 SMARTPATH SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SMARTPATH AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SMARTPATH AND ITS AFFILIATES, PARTNERS AND SUPPLIERS, AS WELL AS YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, YOUR CONTENT, AND THE USE BY YOU OF THE FORGOING, AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO SMARTPATH TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY SMARTPATH.
You agree to indemnify, defend, and hold harmless SmartPath and its 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 applications, and/or your breach of this Agreement (collectively referred to as “Claims”). SmartPath reserves the right, in its sole discretion, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by SmartPath in the defense of any Claims.
Changes To This Agreement Or The Services
We may change this Agreement from time to time, and the changes will be effective when posted on SmartPath’s website for the Services, through SmartPath’s account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement 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 SmartPath posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.
SmartPath may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with this Agreement. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect SmartPath’s rights to any payments due to it. Our Privacy and Security Policy and the following sections of this Agreement 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 SmartPath will not refund any pre-paid fees upon such termination or cancellation. SmartPath reserves 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, SmartPath reserves 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, and our application, are owned and copyrighted or licensed by SmartPath, its affiliates, its partners and/or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Services, which includes the SmartPath website (and any successor websites or additional websites or any co-branded websites) and our applications, is permitted without the written permission of SmartPath. Any rights not expressly granted herein are reserved. SmartPath, the SmartPath logo, other SmartPath logos and product and service names are trademarks of SmartPath, Inc. (the “SmartPath Marks”). You agree not to display or use the SmartPath Marks in any manner whatsoever without SmartPath’s prior permission.
The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. SmartPath does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. SmartPath disclaims 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 governs this Agreement without regard to its conflicts of laws provisions. As a material inducement to SmartPath to enter into this 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 this Agreement, you and SmartPath agree to the exclusive jurisdiction of state or federal courts located in Atlanta, Georgia. SmartPath does not represent that information on our website and provided through our applications is appropriate or available for use in all countries. SmartPath prohibits accessing materials from countries or states where such access is illegal. You are accessing this website and through our applications on your own initiative and you are responsible for compliance with all applicable laws.
You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and SmartPath 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 this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this 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 this Agreement. SmartPath’s right and remedies under this Agreement are intended to be cumulative and any failure by SmartPath to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which SmartPath is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of SmartPath’s rights or remedies, all of which will still be and remain available to SmartPath. By signing this agreement, you also agree to receive e-mail communication from SmartPath 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 this 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.