This Agreement sets forth the terms and conditions that apply to your access and use of the internet website owned and operated by Mpower LLC, a Utah company ("Mpower"), and located at www.mpowering.com ("Mpower"). By using www.mpowering.com you agree to be bound by the terms and conditions of this Agreement and Mpower's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).
Accepting the Terms
By using the information, tools, features and functionality located on www.mpowering.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the www.mpowering.com website) or you are a "Member" (which means that you have registered with Mpower). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service. You must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and accept this Agreement if you are not of a legal age to form a binding contract with Mpower.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about Mpower's data protection practices, please read Mpower's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Mpower treats your personal information when you access www.mpowering.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal finance information management service that allows Members to consolidate and track their financial information, retrieve their credit score, register for fraud alerts from TransUnion credit bureau and monitor their investments on www.mpowering.com. Based on such information, the Service may also present information relating to third party products or services ("Mpower Offers").
The Service is provided to you by Mpower and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
Account Information from Third Party Sites
With the Service, Members may direct Mpower to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Mpower works with one or more online financial service providers under contract to access this Account Information. Mpower makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Mpower is not responsible for the products and services offered by or on third-party sites.
Mpower cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Mpower cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that 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.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Mpower immediately at support@mpowering.com.
Your Use of the Service
Your right to access and use www.mpowering.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.mpowering.com for lawful purposes.
Accurate records enable Mpower to provide the Service 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 Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of www.mpowering.com 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 www.mpowering.com or other actions that Mpower, in its sole discretion, may elect to take.
Online and Mobile Alerts
Mpower may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Mpower account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Mpower may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for www.mpowering.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your www.mpowering.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Mpower through the Service, you are licensing that content to Mpower solely for the purpose of providing the Service. Mpower may use and store the content, but only to provide the Service to you. By submitting this content to Mpower, you represent that you are entitled to submit it to Mpower for use for this purpose, without any obligation by Mpower to pay any fees or other limitations.
By using the Service, you expressly authorize Mpower to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Mpower will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Mpower to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Mpower a limited power of attorney, and appoint Mpower as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when mpower is accessing and retrieving account information from third party sites, Mpower is acting as your agent, and not as the agent of or on behalf of the third party. you understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
By using the Service, you expressly authorize Mpower to exclusively distribute, license or sell reporting based on user activity. No information will be released that contains any user's identifiable personal information.
Mpower's Intellectual Property Rights
The contents of www.mpowering.com, 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 www.mpowering.com belong or are licensed to Mpower or its software or content suppliers. Mpower grants you the right to view and use www.mpowering.com subject to these terms. You may download or print a copy of information provided on www.mpowering.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from www.mpowering.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
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 www.mpowering.com or any portion of www.mpowering.com, without Mpower's express written consent, which may be withheld in Mpower'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 www.mpowering.com, other than the search engines and search agents available through the Service 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 www.mpowering.com or the Service; or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of www.mpowering.com or the Service.
Disclaimer of Representations and Warranties
The content and all services and products associated with www.mpowering.com or provided through the service (whether or not sponsored) are provided to you on an "as-is" and "as available" basis. Mpower makes no representations or warranties of any kind, express or implied, as to the content or operation of www.mpowering.com or of the service. You expressly agree that your use of the service is at your sole risk.
Mpower makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on www.mpowering.com or of the service (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Mpower makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitously intercept or expropriate any system, data or personal information.
Not a Financial Planner, Broker or Tax Advisor
Neither Mpower nor the Service is intended to provide legal, tax or financial advice. Mpower is not a financial planner, broker or tax advisor. The Service is 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.
Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Mpower does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Mpower shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Mpower's Liability
Mpower 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 www.mpowering.com, your use of the service or this agreement, even if mpower has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, Mpower's liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to $500.00 (five hundred united states dollars).
Indemnification of Mpower
You shall defend, indemnify and hold harmless Mpower and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with Mpower
This Agreement will continue to apply until terminated by either you or Mpower as set out below. If you want to terminate your legal agreement with Mpower, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
To close your account please email Mpower support.
Mpower may at any time, terminate its legal agreement with you:
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); if Mpower 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); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications
Mpower may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the www.mpowering.com site. 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 Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Mpower under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict or choice of law provisions. Any dispute with Mpower, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Utah within the county of Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Mpower may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Mpower is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Mpower, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
You are giving up your right to have a trial by jury; and 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 any such dispute.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Mpower does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Mpower has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mpower's rights and that those rights or remedies will still be available to Mpower.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Mpower regarding the subject matter of the same, and supersedes all other previous agreements.