duckscore Terms of Use
Last Updated 2022-09-09
These Terms of Use, together with duckscore’s Privacy Policy, set forth the terms and conditions (these “Terms”) that apply to your access and use of all duckscore products and services (together, the “duckscore Services” or “Services”), that are made available through our websites including but not limited to www.duckscore.com., as well as through certain downloadable mobile applications (together, the “Site”). “Duckscore” (or “we,” “us,” and “our”) includes OwnIt Holdings, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries, third party service providers, and agents. The duckscore Services are intended for U.S. residents only and may include, but are not limited to, collecting and analyzing financial data you give us access to, including your credit score, allowing duckscore to provide customized data to inform you on your journey to homeownership. Duckscore may offer additional products and services from time to time and may add additional operating companies to offer these products and services.
By using or accessing the duckscore Services you agree to these Terms, as updated from time to time in accordance with Section 10, below. Because duckscore provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. To obtain the duckscore Services you must agree to our Electronic Documents and Signatures Consent, which means your acceptance of all agreements with duckscore are effective and binding on you as if you had signed the document with pen and ink and you agree that all communications with you by duckscore or related to an duckscore Service may be provided in electronic form. These Terms state that any disputes between you and duckscore must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 15.7, below.
To use some of the Services, you may need to provide information such as bank account numbers to third parties. For more information, see Section 2.3, below, and our Privacy Policy.
You acknowledge and agree that the mobile applications will be provided through third party websites or “app stores”. You agree to comply with the terms and conditions of any such app stores, including (a) Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html); and (b) Google Play Terms of Service (available at: https://play.google.com/about/play-terms/index.html), which are incorporated herein and made a part of these Terms by this reference.
1 Registration and Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
1.1 Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to email address; mailing address; phone number; date of birth; social security number; your registration information, such as a username and password; your third-party financial account information, such as an ID and password; your financial information, such as investments, income, expenses, investible assets, investing risk tolerance or other similar types of information; information contained in your consumer credit report; and information about your job or business (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from duckscore for any purpose.
1.2 You Are Responsible for your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@duckscore.com.
2 Specific Requirements for Certain Services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the duckscore Services.
2.1 duckscores. Duckscore offers personal tools to view, aggregate, and manage your financial information from multiple sources. The information compiled may include information gathered by duckscore, information provided directly by you, or information obtained from your external financial institutions, such as a bank account or loan held by another institution. We use this information to provide customized data to inform you on your journey to homeownership, including, without limitation, our homeownership goal tracker and readiness metric adapted to your scenario (your “duckscore ”). If you choose to link an external financial institution account, your linking of such account is governed by Section 2.3, below. If you grant duckscore the right to review your credit history as part of providing your duckscore, you will be required to complete a Credit History Authorization and use of such service will be subject to Section 2.4, below. The duckscore and information and services provided by duckscore are intended to provide informational and organizational services for your financial information and are NOT intended to provide any financial planning, investment, tax, retirement planning, or other financial services or advice. Duckscore does NOT determine the suitability or appropriateness of any transactions that you may undertake and you are fully and solely responsible for any actions that you may take and in connection with your accounts. duckscore’s only role is to compile information to be presented to you. Duckscore makes no representations or warranties that the information presented to your will be accurate or complete. Your duckscore is a hypothetical estimate, is for educational purposes only, and is not a guarantee of any outcome.
2.2 Free Credit Score. Duckscore provides members with free access to their TransUnion VantageScore 3.0 credit score and report (“Credit Score”). In order for duckscore to provide you with a Credit Score, you must complete a Credit History Authorization, which will be provided to you at the time you enroll in this service.
2.3 Linked Accounts. To provide you with your duckscore Score and certain other duckscore Services, you may be required to link your external financial accounts (each a “Linked Account”), such as a bank account, loan, or credit card account held at another institution, to the duckscore Services.
2.3.1 By connecting a Linked Account you acknowledge and agree that duckscore will receive information related to your Linked Account. The specific information that duckscore will receive related to your Linked Account will vary by account type and institution. You should assume that duckscore may and will obtain access to any information related to your Linked Account that may be available to you, including, but not limited to, balance, transaction information, and payment history.
2.3.2 duckscore may use information related to your Linked Account to provide you with any duckscore Services you request and for any purpose permitted by duckscore’s Privacy Policies.
To receive data from your Linked Account, duckscore will use a service offered by MX Technologies Inc. (“MX”). By connecting your Linked Account, you acknowledge that MX’s Privacy Policy and End User License Agreement, attached as Exhibit A to these Terms, will govern MX’s use of information provided by you through your Linked Account and you expressly agree to both MX’s Privacy Policy and End User License Agreement. You expressly grant MX the right, power, and authority to access and transmit information provided by you through your Linked Account as reasonably necessary for MX and duckscore to provide the Services to you.
2.3.4 By connecting a Linked Account, you authorize duckscore to act as your agent in connecting to the account and obtaining information at your direction. Duckscore does not warrant that information obtained from the external account is accurate, complete, or non-infringing.
2.4 Credit History Information and Monitoring. If you choose to allow duckscore to utilize your credit history information, including your credit score, in preparing your duckscore, you agree that the following terms will apply-
2.4.1 To enroll your credit history information and credit score in the duckscore Services, you will be required to execute a separate Credit History Authorization.
2.4.2 Duckscore’s Services may use information presently available in your credit report, including, but not limited to, your credit score. Duckscore has no obligation and does not undertake any responsibility for monitoring your credit report for activity, identity theft, or any other purpose.
2.4.3 Any information duckscore receives related to your credit report is for your own use and education and should not be used by third parties.
2.4.4 The information received by duckscore from a credit reporting agency may be different from the credit reporting information used by other institutions, lenders, and creditors and should not be used to determine your eligibility for a particular product or service. Duckscore and its third party service provider, Credit Reporting Services LLC do not warrant that the information contained in your credit report will be accurate, up to date, or complete.
2.4.5 Duckscore may obtain, keep, and use information duckscore receives in connection with your credit report as set forth in the Credit History Authorization and duckscore’s Privacy Policies.
2.4.6 You may obtain your own credit report at any time without using duckscore. You have the right to a free credit report from AnnualCreditReport.com or by calling (877) 322-8228.
2.4.7 Duckscore is not a credit reporting agency or credit repair company. Duckscore cannot and will not take any actions to repair or improve your credit. If duckscore offers any suggestions regarding how you can improve your credit score or duckscore, such information is for informational and educational purposes only and is not intended to be financial advice.
2.5 Real Estate Information. Duckscore may allow you to receive information related to certain real estate, including property data, house size, features, zoning, addresses, tax information, and other information as may be provided from time to time. This service is provided through duckscore’s third party service provider, ATTOM Data Solutions (“ATTOM”). Neither duckscore nor ATTOM make any representations, warranties, or covenants regarding the accuracy, correctness, or completeness of any information provided through the duckscore Services. You may use the information provided by duckscore and ATTOM internally, and shall not use any information for reproduction, sale, publication or any other use in relation to a product or service to be provided to any third party, or any other commercial exploitation. You shall not acquire any proprietary rights in or to any information provided by ATTOM, which rights remains exclusively in ATTOM’s and/or its third party data providers, and you acknowledge that the information and Services provided by ATTOM are a valuable commercial product the development of which has involved the expenditure of substantial time and money.
3 Third Party Services.
3.1 Advice from Third Parties. Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, or other professional advice from duckscore. You agree that duckscore is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that duckscore is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of duckscore.
3.2 Sharing Information with Third Parties. To use some of the Services, you may need to provide information such as bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that duckscore may, but has no obligation to, collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Duckscore has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under duckscore’s control, and that duckscore is not responsible for any third party’s use of your information.
3.3 Duckscore Does Not Endorse Third Parties. The Services may contain links to third party websites and services. Duckscore provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that duckscore has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
4 Prohibited Conduct. You agree not to:
4.1 Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
4.2 Violate or encourage others to violate the rights of third parties, including intellectual property rights;
4.3 Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
4.4 Interfere in any way with security-related features of the Services;
4.5 Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
4.6 Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without duckscore’s express written permission;
4.7 Use any the Services for any purpose other than as expressly permitted in these Terms;
4.8 Disclose, deliver, disseminate, or reproduce the Services or any information related to the Services;
4.9 Disassemble, decompile, or reverse engineer the Services or any portion thereof;
4.10 Commingle, process, modify, or combine the Services or any portion thereof with any other information;
4.11 Create, develop, enhance, or structure any products or derivative products for resale or external distribution using the Services or any portion thereof;
4.12 Use the Services in any way that infringes on duckscore’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
4.13 Use the Services in any manner that violates applicable laws, statutes, ordinances, or governmental regulations;
4.14 Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
4.15 Sell or otherwise transfer the access granted herein.
5 Intellectual Property and User Content. The duckscore 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, licensed, sublicensed, resold, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to duckscore, except third-party trademarks or service marks, which are the property of their respective owners. No right or license to the use of any trademarks or service marks is granted under this Agreement. Duckscore and its third party services providers own and hold all right, title, and interest in and to the Services, including, without limitation, all underlying data compilations and information, and all materials related to the Services created by duckscore or its third party services providers, and all intellectual property duckscore or its third party service providers have derived from the Services, including, without limitation, all patents, trademarks, copyrights, and trade secrets, notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
5016 Centennial Blvd
Ste 200
Nashville, TN 37209
Phone: 1-800-958-5054
Email: support@duckscore.com
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Duckscore has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of duckscore or others.
6 Responsibility for Financial Decisions. You agree that you are solely responsible for all financial decisions you make based on information you receive from the duckscore Services. The duckscore Services are for educational and informational purposes only and are offered to you on the condition that you will be solely responsible for evaluating your financial circumstances and decisions. You understand and agree that duckscore has not reviewed you your financial situation and does not attempt to review or understand your financial situation. Before making financial decisions, you should also consider obtaining information and advice from a trusted advisor, such as a financial advisor, who is familiar with your individual circumstances.
7 Confidentiality. As used in these Terms, “Confidential Information” means the terms and conditions of this Agreement and any proprietary information or non-public information of a party, including without limitation a party’s trade secrets, technical data, pricing, know-how or business information, proprietary marketing plans and objectives, that is furnished to the other party in connection with these Terms. Each party agrees that the existence of these Terms, and pricing and other terms offered to the other party constitute Confidential Information each party. Confidential Information shall not include information that (a) is generally available to the public; (b) has become publicly known, without fault on the part of the party who now seeks to disclose such information (the “Disclosing Party”), subsequent to the Disclosing Party acquiring the information; (c) was otherwise known by, or available to, the Disclosing Party prior to entering into this Agreement; or (d) becomes available to the Disclosing Party on a non-confidential basis from a Person, other than a party to this Agreement or such party’s Representatives, who is not known by the Disclosing Party after reasonable inquiry to be bound by a written non-disclosure or similar agreement with the non-Disclosing Party or otherwise prohibited from transmitting the information to the Disclosing Party. Each party agrees that Confidential Information of the other party shall be used by such party solely in the performance of its obligations and exercise of its rights pursuant to these Terms. Each party agrees that Confidential Information of the other party shall be used by such party solely in the performance of its obligations and exercise of its rights pursuant to these Terms. Except as required by Applicable Laws or legal process, neither Party (the “Restricted Party”) shall disclose Confidential Information of the other party to third parties; provided, however, that the Restricted Party may disclose Confidential Information of the other party (a) to the Restricted Party’s Affiliates, agents, representatives or subcontractors for the sole purpose of fulfilling the Restricted Party’s obligations under this Agreement (as long as the Restricted Party exercises reasonable efforts to prohibit any further disclosure by its affiliates, agents, representatives or subcontractors and such affiliates, agents, representatives, or subcontractors are bound by confidentiality provisions at least as restrictive as those contained in this Agreement); provided, that, the Restricted Party shall be responsible for any breach of the confidentiality obligations hereunder by any of its affiliates or representatives, (b) to the Restricted Party’s auditors, accountants and other professional advisors, or a regulatory authority or (c) to any other third party as mutually agreed by the parties in writing.
8 Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless duckscore from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Duckscore reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9 Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, duckscore in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service at support@duckscore.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but duckscore may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
10 Modification of these Terms. Duckscore reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
11 Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE DUCKSCORE SERVICES ARE SUPPORTED AND INFORMED BY DATA PROVIDED BY CERTAIN THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ATTOM, MX, AND TRANSUNION). AS A RESULT, THE ACCURACY, RELIABILITY, AND COMPLETENESS OF THE DUCKSCORE SERVICES DEPENDS ON THE ACCURACY, RELIABILITY, AND COMPLETENESS OF SUCH THIRD-PARTY DATA. ALL THIRD-PARTY DATA IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS AND NEITHER DUCKSCORE NOR SUCH THIRD PARTIES MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, AND COMPLETENESS OF SUCH THIRD-PARTY DATA OR ANY SERVICE, QUOTE, OR OFFER SUPPLIED THEREBY. THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE DUCKSCORE) ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DUCKSCORE FURTHER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, COMPLETENESS, UNINTERRUPTED, OR ERROR-FREE NATURE OF THE DUCKSCORE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. USE OF THE DUCKSCORE SERVICES IS AT YOUR SOLE RISK AND DUCKSCORE IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE THAT YOU MAY INCUR OR EXPERIENCE AS A RESULT OF YOUR RELIANCE ON THE DUCKSCORE SERVICES.
12 Services Provided for Informational Purposes. The duckscore Services and all information provided therein are solely for informational, educational, or entertainment purposes. Duckscore and the duckscore Services are not endorsed by or affiliated with FINRA or any other governmental or self-regulatory agency, and duckscore is not a financial institution or insurance provider. Duckscore makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained by using the duckscore Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, duckscore recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances. Information and calculators, including your duckscore, are for informational purposes only and provide estimates that may be different from actual amounts or information.
13 Limitation of Liability. In no event will duckscore be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not duckscore has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
14 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to Section 15, below, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and duckscore agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Nashville, Davidson County, Tennessee, for the purpose of litigating all such disputes. We operate the Services from our offices in Nashville, Tennessee, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.
15 Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest of resolving disputes between you and duckscore in the most expedient and cost-effective manner, you and duckscore agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). 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. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND DUCKSCORE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.1 Claims To Be Resolved by Binding Arbitration. You and duckscore agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
15.2 Exceptions. Notwithstanding Section 15.1, you and duckscore agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
15.3 Arbitrator. Any arbitration between you and duckscore will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting duckscore.
15.4 Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to duckscore should be addressed to: OwnIt Holdings, Inc., 5016 Centennial Blvd Ste 200 Nashville, TN 37209 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and duckscore do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or duckscore may commence an arbitration proceeding.
15.5 Fees. In the event that you commence arbitration in accordance with these Terms, duckscore will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by duckscore should be submitted by mail to the AAA along with your Demand for Arbitration and duckscore will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse duckscore for all fees associated with the arbitration paid by duckscore on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Nashville, Tennessee. 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 decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
15.6 No Class Actions. Unless both you and duckscore agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND DUCKSCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.7 Opt-Out. If you are a new duckscore user, you can choose to reject the arbitration agreement contained in this Section 15 by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 15.4, above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the duckscore account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with duckscore.
15.8 Modifications. If duckscore makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with duckscore shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
15.9 Severability and Enforceability. If an arbitrator or court decides that any part of this Section 15 is invalid or unenforceable, the other parts of this Section 15 shall still apply. If the entirety of this Section 15 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 14 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
16 Modification of the Services. Duckscore reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that duckscore will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
17 General.
17.1 Entire Agreement. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and duckscore regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
17.2 No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
17.3 Paragraph Headers. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of provisions.
17.4 Severability. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
17.5 Partner Terms. In some instances, duckscore’s third party partners require that duckscore users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and these Terms, these Terms govern and control.
17.6 Telephone Communications. Receipt of cell phone calls or SMS text messages may be subject to service provider charges. If you provide duckscore with your cell phone number, or later provide a cell phone number to duckscore, then you authorize duckscore to call your cellular phone or send SMS text messages to you using an automatic telephone dialing system or prerecorded message in order to provide information and services regarding the Services offered by duckscore now or in the future. Duckscore may contact you for any purpose permitted by law, including for providing your with marketing information about products and services we think you may be interested in. If you do not want to receive cellular phone calls and SMS text messages from duckscore, you can unsubscribe by contacting duckscore at 629-255-4436, or writing to OwnIt at 5016 Centennial Blvd Ste 200 Nashville, TN 37209. Duckscore may contact you using any telephone number provided to duckscore by you.
18 Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
19 Duckscore Customer Service. To contact us with questions or suggestions about the service please email us at support@duckscore.com.
Exhibit A
MX End User License Agreement
This End User License Agreement (this “User Agreement”) contains the terms and conditions for your use of digital money management tools and services that we may provide to you and that involve accessing third party account information (“Services”). Hereinafter “you” “your” means the User and “us” “we” or “our” refers to OwnIt Holdings, Inc. (protecting MX as its third-party service provider).
1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the 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 Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
2. Content You Provide. Your use of the Services is your authorization for us or our service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to us and our service providers any information, data, passwords, usernames, PINs, personally identifiable information, or other content you provide through the 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 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.
3. Authority to Access Information. Unless and until this User Agreement is terminated, you grant us and our service providers the right to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes hereof, you hereby grant us and our service providers the right 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. Upon notice to us, you may (i) revoke our right to access information at third party sites on your behalf, or (ii) subject to Section 7, request deletion of information collected from third party sites. You understand and agree that the Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.
4. Third Party Accounts. With respect to any third-party sites we may enable you to access through the Services or with respect to any non-duckscore accounts you include in the Services, you agree to the following:
a. You are responsible for all fees charged by the third party in connection with any non- duckscore accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-duckscore account, you agree to direct these to the account provider.
b. Any links to third party sites that we may provide are for your convenience only, and we and our service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Services, are services of the listed institutions. 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. 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.
5. Limitations of Services. When using the Services, you may incur technical or other difficulties. 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 Services is for informational purposes only, does not represent an official record of your account, 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 Services at any time without prior notice. In the event that Services are discontinued, your information shall be retained in accordance with this Agreement and our privacy policies.
6. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User Agreement. Your continued use will indicate your acceptance of the revised User Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
7. 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 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.
8. Ownership. You agree that we and our service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
9. User Conduct. You agree not to use the Services or the content or information delivered through the 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 us or our service provider or cause us to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
10. Indemnification. You agree to defend, indemnify and hold harmless us, our third party service providers and each entity’s officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
11. Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither we nor our third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. We and our third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, we and our third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. We and our third-party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL THIRD PARTY DATA PROVIDERS, EXPRESSLY DISCLAIMS ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
14. WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
15. Export Restrictions. You acknowledge that the Services and any software underlying such 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 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 Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
16. Other Terms. You may not assign this User Agreement. A determination that any provision of this User Agreement is unenforceable or invalid shall not render any other provision of this User Agreement unenforceable or invalid.