Revised November 18, 2019
FINICITY CORPORATION END USER LICENSE AGREEMENT
This Finicity Corporation End User License Agreement with Terms and Conditions is a binding agreement between you
("Licensee," "You," "you," "Your," or "your") and Finicity Corporation ("Finicity," "Company," "we," "us" or other
similar terms) to use the services (the "Services") offered by the Company.
By clicking “I agree” (or a similar checkbox or button), or accessing or using our Services, website(s),
program interface(s) or mobile application(s), as well as any content provided or accessible in connection with the
website(s), program interface(s) or mobile application(s), including information, user interfaces, source code,
reports, images, products, services, and data (each website, program interface and mobile application referred to
herein as a "Website," and collectively, as "Websites"), you represent to Finicity that you have read, understood, and
expressly consent and agree to be bound by this Finicity Corporation End User License Agreement with Terms and
Conditions, and the terms, conditions, and notices contained or referenced herein ("Agreement") whether you are a
"Visitor" (which means that you simply browse or access a Website), or an "End User" (which means that you are hereby
authorizing Finicity to access, use and share information and Consumer Data in the manner set forth herein).
By accessing or using any part of Services, you agree that the information may
be used for a purpose under the Gramm-Leach Bliley Act (“GLBA”) and you also
agree to the collection and use of your personal information and “nonpublic
personal information” (as defined under the GLBA) according to the terms
limited to the Fair Credit Reporting Act (“FCRA”) and the GLBA Privacy Rule.
As a company, we are committed to following the guidelines set forth to
protect your data. For more information on the Fair Credit Reporting Act
("FCRA"), please see
FCRA. Additionally, the GLBA Privacy Notice requires that we describe:
Categories of information we collect;
Categories of information we disclose;
Categories of our affiliates and non-affiliates we disclose your information
Categories of information we use in joint marketing; and
Any disclosures required by the FCRA.
Please visit our
response to the above categories.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS
OR USE THE WEBSITES.
The term "Services" includes, but is not limited to, the provision of any of our products and services, including
verification of income, verification of assets, verification of employment, retrieval of financial records and other
Consumer Data (as hereafter defined) from you or your Provider(s) of Provider Services (each term as hereafter
defined) as directed and/or authorized by you pursuant to the terms of this Agreement, regardless of the manner in
which you receive or benefit from the Services, whether by email or mail, through a website or mobile application, by
telephone, or through any other mechanism by which a Service is performed by us in accordance with this Agreement.
- CONSUMER CREDENTIALS AND ACCOUNT DATA.
You are solely responsible for (a) maintaining the accuracy, confidentiality and security of your access number(s),
password(s), security question(s) and answer(s), account number(s), login information, and any other security or
access information, used by you, or anyone you authorize on your behalf, to access the Services and your Provider
accounts (collectively, "Consumer Credentials"), and (b) preventing unauthorized access to or use of your Consumer
Data. You will be responsible for all electronic communications, including account registration and other account
holder information, email and financial, accounting and other data ("Communications") entered using the Consumer
Credentials. It is assumed that any Communications received through use of the Consumer Credentials were sent or
authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of
any Consumer Credentials. We reserve the right to deny you access to the Services (or any part thereof) if we
reasonably believe that any loss, theft or unauthorized use of Consumer Credentials has occurred. You must inform us
of, and hereby grant to us and our third-party affiliates permission to use, Consumer Credentials to the extent we
deem necessary to enable us to provide the Services to you, including updating and maintaining Consumer Data,
addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the
- PERMISSIBLE PURPOSE AND CONSENTS; PROVIDER SERVICES.
- Permissible Purpose and Consent. You understand and agree that, by accessing any Services (either directly or
through a third-party), you have provided "written instructions" in accordance with the Fair Credit Reporting Act,
as amended ("FCRA"), for Finicity to access, use and share your Provider Account Data in accordance with the terms
of this Agreement. In addition, you are authorizing Finicity to, among other things, (i) collect your Consumer
Credentials and Uploaded Data, (ii) instruct Provider on your behalf to provide your Provider Account Data to
Finicity in order to provide Services to you (either using your Consumer Credentials or through other means with
your Provider); (iii) retain and use, at least two times for no less than a sixty (60) day period, your Consumer
Credentials for the provision of the Services; (iv) access, retain, and use your Consumer Data in providing you
Services, at least two times for no less than a sixty (60) day period; (v) compare Provider Account Data and
Uploaded Data in providing you Services, and/or (vi) disclose and share your Consumer Data to service providers
and/or resellers to use in accordance with applicable law and for research and development. You hereby authorize
Finicity to use your Consumer Credentials to access your Provider of Provider Services and/or otherwise access the
same, to collect and aggregate your Provider Account Data and to deliver the Consumer Data to third parties
selected by you and to other third parties authorized to receive such information and reports in accordance with
your written instructions and applicable law, rules and regulations.
- General. In connection with your use of the Services and as part of the functionality of the Services, you may
have access to certain online services or information that may be made available by your Provider(s) ("Providers"
include, without limitation, online banking providers, online payment providers, online investment account
providers, online bill pay providers, online trading providers, and other account information provider(s)). The
services, information and Provider Account Data provided to you by your Provider(s) are collectively referred to
herein as "Provider Services". The Services are designed to allow you to access Provider Services (if and to the
extent provided by your Provider(s)) to set up banking and other information, schedule the Services to access your
account(s), download transactions into the Services and otherwise aggregate information from your account(s) with
your Provider(s). You acknowledge and agree that we have no control over the provision of Provider Services or
provision of access to the Provider Services by your Provider(s), do not guarantee that you will be able to use
the Services with the Provider Services, and will have no liability whatsoever for any actions or inactions on the
part of the Provider(s) resulting in your inability to use the Services to access your accounts, obtain data,
download transactions, or otherwise use or access the Provider Services.
- Collection of Consumer Data. You acknowledge that in accessing your data and information through the Services,
your Provider account access number(s), password(s), security question(s) and answer(s), account number(s), login
information, and any other security or access information, and the actual data in your account(s) with such
Provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively,
"Provider Account Data"), may be collected and stored in the Services. You further acknowledge that in providing
or uploading your financial and/or employment documents, statements, records, or other information (either
directly to Finicity or through a third-party) (“Uploaded Data”), such Uploaded Data will be stored
and used in the Services. Provider Account Data and Uploaded Data are referred to collectively herein as
“Consumer Data”. You authorize us and our third party affiliates, in conjunction with the operation
and hosting of the Services, to use certain Consumer Data to (a) collect your Consumer Data, (b) reformat and
manipulate such Consumer Data, (c) create and provide hypertext links to your Provider(s), (d) access the
Providers’ websites using your Consumer Data, (e) update and maintain your account information, (f) address
errors or service interruptions, (g) enhance the type of data and services we can provide to you in the future,
and (h) take such other actions as are reasonably necessary to perform the actions described in (a) through (g)
above. You hereby represent that you are the legal owner of your Consumer Data and that you have the authority to
appoint, and hereby expressly do appoint, us or our third-party affiliates as your agent with a limited power of
attorney, and appoint us or our third-party affiliates as your attorney-in-fact and agent, to access third-party
sites and/or retrieve and use your Consumer Data through whatever lawful means with the full power and authority
to do and perform each thing necessary in connection with such activities, as you could do in person, including,
without limitation, accepting any new and/or updated terms and conditions from your Provider on your behalf, in
providing Services to you. You also expressly authorize Provider to share and disclose your Provider Account Data
to us on your behalf to facilitate your use of your Provider Account Data for products and services agreed to by
you. You further acknowledge that we do not, nor does our third-party affiliate review your Consumer Data and
agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities
performed at any Provider’s website are not made through the Services and we assume no responsibility for
such transactions or activities. You are solely responsible for any charges associated with your Provider(s). The
permissions, uses and access rights granted to Finicity and/or our third-party affiliates hereunder shall continue
until such parties are notified by us or you that the Services have been terminated. You may terminate by
contacting us at Privacy@Finicity.com.
- Information from Providers’ Websites. You acknowledge and agree that (a) some Providers may not allow the
Services to access the Provider Services, (b) Providers may make changes to their websites, with or without notice
to us, that may prevent or delay aggregation of information from such websites, and (c) the Services may "refresh"
the Provider Account Data by collecting the Provider Account Data nightly, so your most recent transactions may
not be reflected in any account balances or other account information presented to you in the Services. If you see
a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on
such account information presented in the Services, you should check the last refresh date for the account and
confirm Provider Account Data is correct by following the link back to the applicable Provider or otherwise
confirm that Provider Account Data is up to date and accurate.
data concerning your financial transactions, or other available data that is collected through your use of the
Services, may be used by us and our third-party clients, service providers and/or resellers to conduct certain
analytical research, performance tracking and benchmarking. Our third-party affiliates, clients, service providers
and/or resellers may publish summary or aggregate results relating to metrics comprised of research data, from
time to time, and distribute, sell or license such compiled, anonymized data for any purpose, including but not
limited to, helping to improve products and services and assisting in troubleshooting and technical support or any
other purpose permitted by applicable law. To the extent such information is shared or disclosed, it will not
contain any of your personally identifiable information.
- Specific Written Consent to Use Shared Medical Information. You understand and agree that the Consumer Data
that we obtain in connection with the Services may include "medical information" as defined by applicable law
(such as payment information related to the provision of health care service). You understand and agree that by
accepting these Terms and Conditions you are acknowledging that such information is relevant for purposes agreed
upon by you in any applicable consent and/or for any permissible purposes allowed by law and you are providing
specific written consent to the use and sharing of such medical information by us and our third-party clients,
service providers and/or resellers for any legal purpose, including, without limitation, in the determination to
extend credit, issue insurance and other decisions which include a review of your credit status.
- COMPLIANCE WITH FAIR CREDIT REPORTING ACT
- You acknowledge that certain third-party applications that use consumer data to generate scores or other reports
or that otherwise will be utilized by users of such certain third-party application in connection with making a
decision as to whether to enter into the following types of transactions or on what terms the transaction will be
offered ("Financial Apps") may be subject to the provisions of the Federal Fair Credit Reporting Act ("FCRA") and
equivalent state laws:
- Extending credit to an applicant.
- Issuing an insurance policy to an applicant.
- Employing a job applicant.
- Renting an apartment to a prospective tenant.
- Selling a product to, provide a service to or otherwise enter into a transaction initiated by a prospective
- Accepting a check or credit card as payment for a sale.
- Other activities set forth in Section 604 of the FCRA (15 U.S.C. §1681b) and in interpretations of
Section 604 by the Federal Trade Commission and the Bureau of Consumer Financial Protection.
- You acknowledge and agree that we are providing the service of data delivery to the ultimate end-user, only as
requested and authorized by you, the owner of such information. You acknowledge that we are not resellers of data
(except as described in Section 3.5 relating to anonymized data) but simply provide the service of transferring
and aggregating data as requested by you from one party to the party directed and authorized by you to receive the
data. You also acknowledge that in providing our Services to you and delivering your Consumer Data to the ultimate
end-user, those end-users may use your Consumer Data for purposes agreed upon by you in any applicable consent
and/or for any permissible purposes allowed by law.
- You acknowledge that we make certain consumer report information services from our consumer reporting database
available to our customers who have a Permissible Purpose for receiving such information in accordance with the
FCRA. Subject to the terms and conditions set forth herein, Finicity uses commercially reasonable efforts to
ensure the reliability of the information that appears in the Services. The FCRA allows you to obtain a copy of
all of the information in your consumer credit file disclosure from any consumer credit reporting company for a
reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the
consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance or employment in the past 60 days as a result of your report
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period
- Beginning on the day you make the certification You are a recipient of public welfare assistance
- You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate
information cannot be changed. You do not have to purchase your report or other information from Finicity to dispute
inaccurate or incomplete information in your Finicity file or to receive a copy of your consumer disclosure. If you
believe that any information sent or published by Finicity on the Services is erroneous, please inform Finicity by
contacting us at www.consumer.finicityreports.com or at Finicity Corporation, 434
W. Ascension Way, Suite 200, Salt Lake City, Utah 84123 (Attn: Information Dispute Services), (855) 263-3072.
- SOFTWARE USE, STORAGE AND ACCESS.
We shall have the right, in our sole discretion and with reasonable notice, to establish or change limits concerning
use of the Services, temporarily or permanently, including but not limited to (a) the amount of storage space you have
on the Services at any time, and (b) the number of times (and the maximum duration for which) you may access the
Services in a given period of time. We reserve the right to make any such changes effective immediately to maintain
the security of the system or Consumer Credentials or to comply with any laws or regulations, and to provide you with
electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of
the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and
agreement with such changes. Maintenance upon the Services may be performed from time-to-time resulting in interrupted
service, delays or errors in the Services. Attempts to provide prior notice of scheduled maintenance will be made, but
we cannot guarantee that such notice will be provided.
- 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: (a) any countries that are subject to U.S. export
restrictions; (b) any end user who has been prohibited from participating in U.S. export transactions by any federal
agency of the U.S. government; or (c) 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 this
product may include technical data subject to export and re-export restrictions imposed by U.S. law.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NEITHER WE, OUR THIRD-PARTY AFFILIATES AND ANY OF OUR LICENSORS MAKE ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND
DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR ANY THIRD-PARTY SERVICES; IN WHOLE OR IN PART,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR
NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICES OR THIRD-PARTY SERVICES WILL BE AT
YOUR SOLE RISK. WE AND OUR (a) LICENSORS AND (b) THIRD-PARTY AFFILIATES DO NOT WARRANT THE COMPREHENSIVENESS,
COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT
THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES.
You agree to protect and fully compensate Finicity, its affiliates, service providers, and those you consent to using
your Consumer Data through these Services from any and all third-party claims, liability, damages, expenses and costs
(including, but not limited to, reasonable attorneys’ fees) caused by or arising from your 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.
- LIMITATION OF LIABILITY.
YOU AGREE THAT NEITHER FINICITY NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, OR
FINICITY’S SERVICE PROVIDERS, AND THOSE YOU CONSENT TO USING YOUR CONSUMER DATA THROUGH THESE SERVICES WILL BE
LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
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; (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 SERVICE; (iv)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS 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.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision
will be amended to achieve as closely as possible the effect of the original term and all other provisions of this
Agreement will continue in full force and effect.
- DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. SUMMARY:
MOST CONSUMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CONSUMER’S SATISFACTION BY CALLING
FINICITY’S CONSUMER CARE DEPARTMENT AT 1 (855) 263-3072. IN THE UNLIKELY EVENT THAT FINICITY’S CONSUMER
CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION
(OR IF FINICITY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE
EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF
GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT.
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 THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS
ACTIONS ARE NOT PERMITTED. FINICITY WILL PAY THE FEES OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM
IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND FINICITY WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES
FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
- Finicity and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly
related to the Services or Websites, except any disputes or claims which under governing law are not subject to
arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims
between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration
to the fullest extent permitted by law. However, for the avoidance of doubt, any dispute you may have with us
arising out of the Fair Credit Reporting Act (FCRA) relating to the information contained in your consumer
disclosure or report, including but not limited to claims for alleged inaccuracies, shall not be governed by this
agreement to arbitrate. The agreement to arbitrate otherwise includes, but is not limited to: (i) claims arising
out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether
based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud,
misrepresentation or any other legal theory; (ii)Claims that arose before this or any prior Agreement (including,
but not limited to, claims relating to advertising); 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 this Agreement. For purposes of this arbitration provision, references to “Finicity,”
“you,” and “us” shall include our respective parent entities, subsidiaries, affiliates,
agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all
authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior
Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring
an individual action in small claims court. You agree that, by entering into this Agreement, you and Finicity are
each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a
transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and
enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
- 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 Finicity should be addressed to: General Counsel, Finicity Corporation, 434 W.
Ascension Way, Suite 200, Salt Lake City, Utah 84123 ("Notice Address"). The Notice must describe the nature and
basis of the claim or dispute and set forth the specific relief you seek from Finicity ("Demand"). If Finicity and
you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Finicity
may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by
Finicity or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any,
to which you or Finicity is entitled.
You may obtain more information about arbitration from www.adr.org.
- After Finicity receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but
is subject to change by the arbitration provider. If you are unable to pay this fee, Finicity will pay it directly
upon receiving a written request at the Notice Address.) The arbitration 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 this Agreement, and will be administered
by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the
arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually
agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree
to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal
Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
- All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration
provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive
authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or
any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration
provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless
Finicity and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your
billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will
be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Except as otherwise provided for herein, Finicity will pay all AAA filing,
administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to
reimburse Finicity for all monies previously disbursed by it that are otherwise your obligation to pay under the
- The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at
any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
- Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA
- YOU AND FINICITY 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. Further, unless both you and Finicity 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. The arbitrator may award injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If
this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration
provision shall be null and void.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if Finicity makes any change to
this arbitration provision (other than a change to the Notice Address) during the term, or subsequent to your
purchase of any Service, you may reject any such change and require Finicity to adhere to the language in this
provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such
- LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Company with respect to the Services and supersede
all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude
further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.
- TERRITORIAL RESTRICTIONS.
Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers
only. We make no representations or warranties that the information, products or services provided through the
Services or the Websites are appropriate for access or use in other jurisdictions. Recognizing the global nature of
the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet,
data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission
of technical data exported from the U.S. and the country in which you reside. Notwithstanding the above, we reserve
the right to limit the availability of the Services or the provision of any Services to any person, geographic area,
or jurisdiction, at any time and in our sole discretion.