1. GENERAL TERMS
As used in this Agreement, the term "Sites" includes all Services websites, pages that are associated or within each website and all devices, applications or services that Response operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), accessing, or using the Services, you agree to be bound by the terms and conditions of this Agreement and Response’s Privacy Statement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
- Accepting the Terms
- Privacy, Data Use and Disclosure, and your Personal Information
- Description of the Services
- Third-Party Partner Offers and Links
- Your Registration Information
- Your Use of the Service
- Use With Your Mobile Device
- Communication with You;
- Response’s Intellectual Property Rights
- Access and Interference
- Social Media Sites
- Disclaimer of Representations and Warranties
- Not a Financial Planner, Broker, Investment Advisor, or Tax Advisor.
- Limitations on Response’s Liability
- Your Indemnification of Response
- Ending your relationship with Response
- Governing Law and Forum for Disputes
• Accepting the Terms
By using the information, tools, features, and functionality including content, updates and new releases provided by Response of the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse any website for the Services), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Response. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Response.
Before you continue, you should print or save a local copy of this Agreement for your records.
• Privacy, Data Use and Disclosure, and your Personal Information
You can view the Response Privacy Statement here and on the Site for the Services. You agree to the applicable Response Privacy Statement, and any changes published by Response. You agree that Response may use and maintain your data according to the Response’s Privacy Statement, as part of the Services.
You agree that Response may use your Information (which includes any information you enter, disclose, import, or link, to the Service or to Response or any Response product, or which the Service or Response or any Response product collects or obtains about you) to provide you with the Services or to improve the Services (including to develop additional services), including to: (a) allow you to collect, consolidate, track, and store your financial information; (b) use and disclose your information so you can see offers for other products and services, including from third-parties (both current and future), that may be relevant or of interest to you; (c) see general-interest offers for products or services; (d) and get relevant advice, tips, recommendations, and educational information.
Your Information or information related to your use of the Services may be made available to you through any Response product or service you may use. The Services, or a portion thereof, may also be made available to you, by default, through any other Response product or service you may use.
The Services may include a feature that automatically shares with current and future third-party partners your personal information—in a way that cannot be used to identify you—so that you can see relevant or personalized offers.
You agree that Response may combine information you provide or that is generated about you as part of the Services in anonymous or aggregate form with anonymous or aggregate information about other users of the Services and/or other Response services. We may share or make available information that you provide or that is generated by the Services in anonymous or aggregate form (that cannot be used to identify you) for Response’s own internal analytics, or for research or public-interest purposes.
Response may access or store personal information in multiple countries, including countries outside of your home country to the extent permitted by applicable law.
You may provide us with your telephone number as part of your customer record, registration, obtaining information or links from us, or via other method.
You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of the Services, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Response sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Response containing security code(s) as part of the MFA process.
With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Response (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
In addition, you agree that Response may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
You understand and agree, for any text messages sent to you through the Services, that: (a) message frequency may vary, (b) message and data rates may apply, (c) you can text STOP to cancel certain types of text messages (except critical notices regarding the Services), and (d) neither Response nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Response shall be considered a Business and/or Third Party, as applicable. Where Response acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Response is done in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Response to: (i) share any and all Personal Information you provided with any Response company, including Response Marketing Group, LLC and any parent, subsidiary, affiliate, or related company of Response Marketing Group, LLC (collectively, the “Response Family Companies”); and (ii) use any such Personal Information in connection with any and all Response Family Companies’ internal operations and functions, including, but not limited to, improving such Response Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Response Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
• Description of the Services
The Services include a platform to offer users general information and general or targeted offers. The Services may include using or disclosing your information to: (a) collect, consolidate, track, and store your personal information; (b) make available offers for products and services, including from third-parties, that may be relevant or of interest to you; (c) provide general-interest offers for products or services; and (d) offer advice, tips, recommendations, and general education.
The Services are provided to you by Response without charge and is meant to provide you with your information to allow you to organize and manage your finances. Some optional features and services may require a fee.
The Services may also present you information relating to third party products or services that you may be interested in.
If you have any questions about the Services, contact Response at 877-542-1685.
• Third-Party Partner Offers and Links
Some parts of the Services are supported by sponsored links from advertisers or third-party partners (“Partner Offers”). The Services may display Partner Offers that may be customized or relevant to you based on information stored in the Services, queries made through the Services, information shared with advertisers, or other information. We may disclose when a particular Partner Offer is sponsored or otherwise provided by a third party. We may add or remove third-party service providers, and you understand that your information may be shared with present and future partners.
In connection with Partner Offers, the Services may provide links to other web sites belonging to Response advertisers and other third parties. The Services may also allow you to apply for the Partner Offer without leaving the Services' websites. Partner Offers are provided to you as a convenience. Response does not endorse, warrant or guarantee the products or services available through the Partner Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Response is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Response does not guarantee that any Partner Offer may be best for you or meet your needs. Information in the Partner Offers are provided by the third parties, and any offer is subject to the third parties' review of your information. Response may receive compensation from third parties which may impact the placement and availability of the Partner Offers.
• Your Registration Information and Electronic Communications
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide, form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Response immediately at the email address – email@example.com.
• Your Use of the Service
Your right to access and use the Sites and the Services 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 Sites and Services for lawful purposes. Accurate records enable Response to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Response, in its sole discretion, may elect to take. In no event will Response be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Response to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
• Use with Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access 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. RESPONSE MAKES 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.
• Communication with You
Response may mail, email, call, or text you regarding your account or the Services, including to notify you of new or existing Services or of offers or advertisements for third-party products or services. You may opt-out of any and/or all methods or means of contacting you regarding offers or advertisements for third-party products or services.
• Response’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Response or its software or content suppliers. Response grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
• Access and Interference
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 Services or any portion of the Services, without Response’s express written consent, which may be withheld in Response’s 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 services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services.
• Social Media Sites
• Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. RESPONSE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER RESPONSE NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RESPONSE NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES 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, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 14 OF THIS PROVISION MAY NOT APPLY TO YOU.
• Not a Financial Planner, Broker, Investment Advisor, or Tax Advisor.
NEITHER RESPONSE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, OR FINANCIAL ADVICE, OR BROKERING SERVICES. RESPONSE IS NOT A FINANCIAL PLANNER, BROKER, INVESTMENT ADVISOR, OR TAX ADVISOR. The Services are educational and intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your 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.
• Limitations on Response’s Liability
RESPONSE 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 ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF RESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RESPONSE’S 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).
• Your Indemnification of Response
You shall defend, indemnify and hold harmless Response 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 attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
• Ending your relationship with Response
Response may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Response in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Response may immediately deactivate your account and delete all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Response shall not be liable to you or any third party for any termination of your access to the Services.
Response reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Response reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Services, Response will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Response shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Response may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
• Governing Law and Forum for Disputes
Utah state law governs this Agreement without regard to its conflicts of laws provisions.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Response, 380 S Technology Ct, Ste 100, Lindon, UT 84042. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. Response will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 11 shall survive expiration, termination or rescission of this Agreement.