The term "you" or "User" refers to users of the Nanci™ app and Nanci™ site. The term "we" or "us" refers to CJN Ventures, LLC, and its affiliates, parents, and licensors.
3. Description of the Service
The Service is a personal finance information management service that allows you to consolidate and track your financial information. The Service is not offered as legal, accounting, tax, or other professional advice or service. You should always seek the help of a competent professional to assist and advise on your fact-specific circumstances.
From time to time we may give you the opportunity to test beta applications, features, or additions to the Service ("Beta Features"). Beta Features will be labeled as such. You acknowledge that the Beta Features are still under development and testing and that we have not made them generally available as a formal product or service. You acknowledge that the Beta Features could contain errors and defects and could be unstable and unreliable. You accept the Beta Features "as is" without warranty of any kind. Your participation in testing any Beta Features is purely voluntary.
4. Account Information from Third Party Sites
Users may direct us to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts, or engage in financial transactions ("Account Information"). We do not store your Account Information. Instead, we have contracted with a third party to provide connection to financial service providers to access this Account Information. We do not review the Account Information for accuracy, legality, or non-infringement. We are not responsible for the Account Information or products and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications or personalization settings.
5. Fees and Renewal
Fees for the Service must be paid monthly or annually depending on the election you choose. If a payment attempt is declined, you have thirty (30) days to provide a new card or your access to the Service will be terminated. You are responsible to notify us if you do not want to renew by turning off auto-renew in user settings.
6. Account Registration
In order to allow you to use the Service, you will need to sign up for an account with Nanci™. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access the Service ("Registration Information"). By providing us with your e-mail address, you consent to receive all required notices and information via such address. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including e-mail address, as appropriate. If you become aware of any unauthorized use of your account for the Service, you agree to notify us immediately.
7. Offers and Third-Party Links
The Service may contain links to other sites of advertisers and other third parties. We do not warrant or guarantee the products or services available through such third-party sites. We do not assume responsibility for the statements made or content of offers or claims in any third-party advertisement.
8. Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.
You must provide true, accurate, current, and complete information about your accounts maintained at other web sites when adding an account. You may not misrepresent your Registration Information.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we, in our sole discretion, may elect to take. Your sole and exclusive remedy for any failure or non-performance of the Service shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could identify you without your explicit permission.
We may from time to time provide automatic alerts and voluntary account-related alerts. Electronic alerts will be sent to the e-mail address you have provided as your primary e-mail address. Alerts are not encrypted and may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your debit card payment may be included. Anyone with access to your e-mail will be able to view the content of these alerts. At any time you may disable future alerts.
You understand that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
10. Rights You Grant to Us
By using the Service, you expressly authorize us or a third party retained by us to access your account information maintained by identified third parties on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected through a third party to the Nanci™ site for the account you have identified. Our vendor will submit information including usernames and passwords that you provide to log you in to the Nanci™ site. You hereby authorize and permit our vendor to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant us and our vendor a limited power of attorney and appoint us and our vendor as your attorney-in-fact and agent to access third-party sites and to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR VENDOR ACCESS AND RETRIEVE ACCOUNT INFORMATION FROM THIRD-PARTY SITES, WE OR OUR VENDOR ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
11. Intellectual Property Rights
The contents of the Service, including its text, graphics, images, logos and button icons, photographs, editorial content, notices, software, and other material, are protected under United States and other applicable copyright, trademark, and other laws. We grant you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on the Nanci™ site for your personal, non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Nanci™ site in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not expressly granted herein are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.
You agree that you will not:
Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Service or any portion of the Nanci™ site without our express written consent, which may be withheld in our sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Nanci™ site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
In posting content you:
Represent that you have all necessary rights in the posted content and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Nanci™ site and our business, including without limitation for promoting and redistributing part or all of the Nanci™ site (and derivative works thereof) in any media formats and through any media channels.
Will not post or transmit any message that is libelous or defamatory, or that discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; or that is otherwise inappropriate.
Will not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs; trade secrets or other confidential proprietary information; and trademarks or service marks used in an infringing fashion.
Will not interfere with other Users" use of the Service, including without limitation disrupting the normal flow of dialogue in an interactive area of the Nanci™ site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Will not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other Users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
Will not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
13. Social Media Sites
14. No Warranty
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Use of the Service may be available through a compatible mobile device and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
15. Not a Financial Planner, Broker, or Tax Advisor
Neither, we, nor any of our affiliates, are fiNancial planners, brokers, or tax advisors. THE SERVICE DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. The Service is intended only to assist you in your general personal finance organization and decision making. Your personal situation is unique and fact dependent. Thus, any information and advice obtained through the Service may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
16. LIMITATION OF LIABILITY AND INDEMNITY
CJN VENTURES LLC AND ITS AFFILIATES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless CJN VENTURES LLC, and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of this Agreement or your use of the Service.
This Agreement will remain in effect until terminated by either you or us as set out below. If you want to terminate your agreement with us, you may do so by closing your account for the Service. We may at any time terminate our legal agreement with you immediately upon notice to the email address provided by you as part of your Registration Information: (i) If you have breached or repudiated any provision of this Agreement; or (ii) if we in our sole discretion believe termination is required to do so by law.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Nanci™ site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
19. Governing Law and Waiver of Class Actions
This Agreement and your relationship with us shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. You agree to resolve disputes only on an individual basis, through arbitration as provided herein. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. If you are a nonpaying member, you understand that, in return for agreement to this provision, we are able to offer the Service, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
Each party agrees to give its best efforts to try to resolve disputes before seeking arbitration. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution. Disputes not resolved informally shall be resolved through arbitration. The American Arbitration Association ("AAA") will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in Salt Lake County, Utah. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys" fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
This Agreement governs if there is a conflict with the AAA's Commercial Arbitration Rules. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this clause is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this clause, inclusive of the severed provision.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.
If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such a decision on our part will not serve as formal waiver of our rights and all rights or remedies will still be available to us.
All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
22. Apple® App Store Requirements
If you download the Service or product from the Apple App Store®, the following terms also apply to you:
Acknowledgement: You acknowledge that this Agreement is between you and us only, and not with Apple, and we, not Apple, are responsible for the Service and the content thereof.
Scope of License: The license granted to you for the Service is a limited, non-transferable license to use the Service on an Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
Maintenance and Support: We and not Apple are solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims: We, not Apple, are responsible for addressing any User or third-party claims relating to the Software or the User's possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info: Direct any questions, complaints, or claims to: firstname.lastname@example.org.
Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Service.
Third-Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.