Account Data Terms of Use

“Account Data” means any and all data retrieved by Service Provider for distribution through or in connection with the System. “Subscriber Data” means all Authorized User registration information, usage information and other Authorized User information. Client shall use the Account Data solely on the Client website on which the Account Data is initially displayed (“Subscriber Site”) and solely in the System. Client shall not divert, redistribute, repackage, or resell any Account Data. Client shall adhere to Client’s privacy policy with regards to use of Account Data. Client agrees that: (a) Service Provider may use appropriate Subscriber Data and Account Data internally to provide its Account Aggregation Service; and (b) Client shall not cause or permit its privacy policy to restrict the foregoing rights in any manner whatsoever. Service Provider agrees and acknowledges that Client shall at all times be the sole owner of the Account Data and Subscriber Data.

 

THE ACCOUNT AGGREGATION SERVICE IS PROVIDED FOR CLIENT’S AND AUTHORIZED USER’S USE “AS IS” AND SERVICE PROVIDER MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACCOUNT AGGREGATION SERVICE AND RELATED SERVICES PROVIDED BY SERVICE PROVIDER, AND SERVICE PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER DOES NOT WARRANT THAT THE ACCOUNT AGGREGATION SERVICE OR HOSTING ENVIRONMENT WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ACCOUNT AGGREGATION SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

 

IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CLIENT, AUTHORIZED USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA AND COSTS OF COVER, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Client understands and agrees that Service Provider is the exclusive owner of and holds and shall retain, all right, title and interest in and to the Aggregation Technology, as defined below, including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights therein. Aggregation Technology means the Service Provider’s proprietary computer programs, code, software, trade secrets and know-how, including all services, processes, data, information, and tables created by Service Provider which are used to provide the account aggregation services. Client shall not (a) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any Aggregation Technology; (b) make any Aggregation Technology available to any third parties; (c) modify, adapt, translate or create derivative works based on the any Aggregation Technology; (d) reproduce any portion of any Aggregation Technology; or (e) permit or authorize any party to do any of the foregoing.

 

Client, at its own expense, will defend or at its option settle, any claim, suit or proceeding brought against Service Provider by a third party and pay any liabilities, damages and costs awarded in any such suit or proceeding if the suit or proceeding is based on (a) an allegation of infringement of any copyright, patent, trade secret or trademark of any third-party to the extent attributable to any content contributed to the Account Aggregation Service by or on behalf of Client; (b) any use, sale, license, distribution or disclosure by Client or any of its employees of any Account Data or other Authorized User-related information, whether or not in breach of any confidentiality, security, or privacy obligations; or (c) the failure of Client to comply with all applicable laws, rules and regulations in connection with the Account Aggregation Service, including use of any Account Data; provided that Service Provider provides Client with: (i) prompt written notice of such claim, (ii) exclusive control over the defense and settlement of such claim, and (iii) proper and full information and assistance to settle or defend any such claim.