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Terms of Service

These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.

 

We’re always happy to hear from you if you have any questions or suggestions. You can contact us at CustomerCare@scoremycash.com or by U.S. mail at SMC Ventures I LLC dba ScoreMyCash, 21168 East Ocotillo Rd #1016, Queen Creek, AZ 85142.

Our Terms of Service

By accessing and using our Services (defined below), you are agreeing to these Terms of Service, our Privacy Statement, any applicable Additional Terms (defined below), and our rules (collectively referred to as the “Agreement”). Please read this Agreement carefully: the provisions affect your consumer rights.

Our Services

When we refer to our “Services,” we mean all products and services owned and operated by SMC Ventures I LLC dba ScoreMyCash (collectively, “ScoreMyCash,” “we,” or “us”). As of the effective date of these terms, our Services include the following key features:

 

Free Product(s)

We provide you with access to basic spending analysis and comparison statistics about your spending for one category.

Access to Financial Product Offers

If you’re looking for a new financial product, you can check out offers from our partners that are similar to those provided to others in you individual financial situation, along with tools that help you make a more informed decision, like average payment amounts, average deposit amounts, and comparisons to other companies.

Insights and Education

We love crunching numbers and we use our analysis and experience to provide you with all sorts of content and context about the ins and outs of your financial health—from insights about your spending to earnings and even bank behavior factors that may bear on some aspects of credit approval.

Summary

We provide you with a platform that includes helpful insights, education, offers and products and services to help you understand and manage your financial health.

We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services may be subject to additional terms and conditions (“Additional Terms”), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.

Summary

ScoreMyCash’s tools and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for certain products or features.

Your ScoreMyCash Account

2.1 General Requirements

You will need to register for a ScoreMyCash member account to access many aspects of our Services, like your Bank360 score, advanced insights, and any personalized offers for products and services from our partners. Registering for a member account is optional, but if you do not register for an account, you will not be able to access certain aspects of our Services.

By registering for a ScoreMyCash member account, you certify that:

    • You are 18 years of age or older

    • Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete

    • You are only registering an account for yourself

    • You will keep all information up-to-date

    • You will create a unique password to create and access your ScoreMyCash account that is unique to ScoreMyCash and not re-used across other, unaffiliated services

 

You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account.

Summary

Our most helpful features require you to register as a ScoreMyCash member (it helps us personalize your experience). If you decide to register, you certify that you’re a U.S. adult, you are who you say you are and you won’t let anyone else use your account.

2.2 Specific Registration Consents

When you register as a member, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Statement as part of providing our Services (collectively, such information is your “membership”). When registering, you authorize your wireless carrier to share your account device information with our third-party service provider, only to verify your identify and prevent fraud. By registering, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to include in your membership  as follows:

I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for ScoreMyCash or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion and Equifax. I understand that my instructions let ScoreMyCash and affiliated companies obtain such information at any time for as long as I have a registered ScoreMyCash account to use as described in the Terms of Service and Privacy Statement.

Summary

When you register for an account, you’re asking us to create your member profile and access your credit scores and reports, and other information so we can provide our tools and services, and offer recommendations.

Limitations and Restrictions on Use of Our Services

3.1 Analysis and Estimates

As described in our Privacy Statement, we may use your credit report, credit score, and other information we obtain to analyze, sort, and present certain information or features to you.

Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the data we have. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our partners. The methodology we use to determine which offers, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.

Summary

When it comes to your financial health - spending, earnings, and lending potential, we want to be like a safari guide who helps you navigate the financial plains. We’ll show you stuff you may find helpful, but it’s up to you to make the final decision about what’s in your financial interest.

3.2 Third Party Offers

With respect to offers from our partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.

3.3 Educational Purposes

All information on our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services, including credit report or credit score or Bank360 score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment.

Summary

The credit scores that lenders and others use may be different than the one you see here. That’s because there are hundreds of scoring models out there, and they all weigh things a little differently. Most scores are generally based on credit factors that are similar to those we calculate from a bank account though, so tracking them should still give you a good overview of your credit health.

3.4 Not a Legal or Professional Advisor

ScoreMyCash is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.

Summary

We aim to be as helpful as we can, but we’re not your professional financial or legal advisor. If you need professional assistance with your finances, please go to a professional that can help with your specific situation.

3.5 Territorial Restrictions

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

Summary

3.6 Compliance with Law

You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain any consumer credit report, score or other consumer information under false pretenses or in violation of the Fair Credit Reporting Act or applicable state or federal law.

Summary

You agree you won’t use our services to do anything illegal.

3.7 Links to or Connections with Third Party Sites or Applications

Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your ScoreMyCash account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.

Summary

We might show you stuff from other companies or even connect you with them, but we’re not legally responsible for anything they do. You should review their terms and policies separately.

Ownership and Infringement

4.1 Our Content

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of ScoreMyCash and/or its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

Summary

We’ve created a lot of cool insights for you to use, read, and look at. Please don’t reuse it without our written permission.

4.2 Our Partners’ Intellectual Property

Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.

Summary

You also can’t reuse our partners’ stuff.

4.3 Infringement of Rights

You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Community Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:

Attention: Customer Care
SMC Ventures I LLC dba ScoreMyCash
21168 East Ocotillo Rd #1016

Queen Creek, AZ 85142

CustomerCare@scoremycash.com

To find out more about what you must include in the Notice and about the procedures we will follow, click here to read the DMCA.

ScoreMyCash reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.

Summary

If you think something on our platform belongs to you, let us know (we’ve outlined the steps above).

Monitoring of Our Services and Disclosure for Administrative and Legal Reasons

 

ScoreMyCash has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Statement) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce this Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our partners.

Disclaimers

 

WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. SCOREMYCASH, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR THE COMMUNITY CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING SCOREMYCASH OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, THE COMMUNITY CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY,OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, THE COMMUNITY CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. 

YOU ACKNOWLEDGE THAT SCOREMYCASH IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR PARTNERS WHOSE OFFERS WE PRESENT. SCOREMYCASH EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

Limitation of Liability

 

SCOREMYCASH AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “SCOREMYCASH PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE COMMUNITY CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE SCOREMYCASH PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE SCOREMYCASH PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

 

You will defend (if requested by any ScoreMyCash Party), indemnify, and hold harmless the ScoreMyCash Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the ScoreMyCash Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Community Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of ScoreMyCash. The ScoreMyCash Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Summary

If someone sues us because of something you did, you’re responsible for it, so read the above carefully.

Dispute Resolution and Arbitration

Summary

A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.

10.1 Generally

In the interest of resolving disputes between you and ScoreMyCash in the most expedient and cost-effective manner, you and ScoreMyCash agree that any and all disputes arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply California law to all other matters. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  All issues are for the arbitrator to decide, including all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT AND AGREEING TO ARBITRATION, YOU AND SCOREMYCASH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

10.2 Exceptions

Despite the provisions of Section 10.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of a pending arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.

10.3 Arbitrator

Any arbitration between you and ScoreMyCash will be conducted under the Consumer Arbitration Rules (“AAA Rules“) of the American Arbitration Association (“AAA“), as modified by the Agreement, 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 ScoreMyCash here.

10.4 Notice and Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). ScoreMyCash’s address for Notice is: SMC Ventures I LLC dba ScoreMyCash, P.O. Box XXXXX, Chandler, AZ XXXX, Attention: Customer Care. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and ScoreMyCash agree to use good faith efforts to resolve the claim directly, but if you and ScoreMyCash do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ScoreMyCash must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and ScoreMyCash agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

10.5 Fees

If you commence arbitration in accordance with the Agreement, ScoreMyCash will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Arizona, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.  If the arbitrator finds that either the substance of the 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 fees will be governed by the AAA Rules. In that case, you agree to reimburse ScoreMyCash for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Likewise, ScoreMyCash will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Regardless of the manner in which the arbitration is conducted, the arbitrator must 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 fourteen (14) days of the arbitrator’s ruling on the merits.  The decision of the arbitrator shall be final and not appealable, and judgement on the arbitration award may be entered in any court having jurisdiction thereof.

10.6 No Class Actions

YOU AND SCOREMYCASH AGREE THAT EACH MUST BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

Further, unless both you and ScoreMyCash agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

10.7 Modifications

If ScoreMyCash makes any future change to this arbitration provision (other than a change to ScoreMyCash’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to ScoreMyCash’s address for Notice, in which case your account with ScoreMyCash will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

10.8 Enforceability

If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.

Deactivation and Termination

11.1 Termination of Agreement; Surviving Terms.

The Agreement is effective until your member account, if applicable, is deactivated by either you or ScoreMyCash and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.

Summary

The Agreement lasts until your account is deactivated and you completely stop using our services (but there are a few parts that have to live on forever).

11.2 Deactivating Your Member Account

If you decide you want to deactivate your account you can do so by visiting www.scoremycash.com and sending an email via the Contact Us link OR via the app and changing your subscription type to Free.

Miscellaneous

Summary

This entire section is where you’ll find a bunch of standard legalese. Each one is pretty quick, so we won’t break them down any further.

12.1 Governing Law

The Agreement is governed by the laws of the State of Arizona, excluding conflicts of law provisions.

12.2 Entire Agreement

The terms of the Agreement (including the Privacy Statement, the Community Rules and any Additional Terms) constitute the entire and exclusive agreement between ScoreMyCash and you in connection with your use of our Services or our Content.

12.3 Changes to the Agreement

We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Statement or any Additional Terms, you are agreeing to the Agreement as modified.

12.4 Waiver Only in Writing

ScoreMyCash’s failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights and will not limit ScoreMyCash’s rights with respect to that breach or any subsequent breaches. No waiver by ScoreMyCash of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of ScoreMyCash.

12.5 Assignment

ScoreMyCash may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

12.6 Severability

If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.

12.7 Interpretation

The titles and annotations, including the “Summary” sections, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against ScoreMyCash because we drafted it.

 

12.8     Global Trade Restrictions

You agree that you are not prohibited from receiving the Services under the laws of the United States, England, Wales, Canada or other applicable jurisdiction.  For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, Canada’s economic sanctions list, the United Kingdom HM Treasury Financial Sanctions List, or any other similar prohibition.

12.9  Apple Requirements

If you downloaded the ScoreMyCash app (the “App”) from the Apple App Store, the following terms also apply to you:

​1. Acknowledgement:

You acknowledge that this Agreement is between you and ScoreMyCash only, and not with Apple, and ScoreMyCash, not Apple, is solely responsible for the App and its content.

​​2. Scope of License:

The license granted to you for the App is a limited, non-transferable license to use the App on Apple products that you own or control and as permitted by the Usage Rules that are part of the terms of service in the Mac App Store.

​3. Maintenance and Support:

ScoreMyCash and not Apple is solely responsible for providing any maintenance and support services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

​4. Warranty:

ScoreMyCash is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ScoreMyCash’s sole responsibility.

​5. Product Claims:

ScoreMyCash, not Apple, is responsible for addressing any user or third party claims relating to the App including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.

 

​6. Intellectual Property Rights:

You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, ScoreMyCash, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

​7. Third Party Beneficiary:

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

Our Services
Your Account
Limitations
Ownership
Monitoring
Disclaimers
Limitation
Indemnification
Deactivation
Dispute Resolution
Miscellaneous
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