This service is provided for personal, non-commercial transitory use only and may be used by you to aggregate your outside financial accounts and your plan accounts through Linked Accounts (or its successor) or by linking external accounts (hereinafter referred to as the "Data Aggregation Service"). Please note that by using the Data Aggregation Service, you are leaving this website, however, if you continue to use the Data Aggregation Service, this Agreement applies to you, and by using the Data Aggregation Service, you agree with the terms of this Agreement regardless of whether you are using this website or other websites. If you do not agree with any part of this Agreement, please do not use the Data Aggregation Service. The term "you" or "yours" refers to the user or viewer of the website and/or the Data Aggregation Service.
Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Data Aggregation Service; provided, however, you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Data Aggregation Service technology, including but not limited to, any Java applets associated with the Data Aggregation Service.
Content You Provide. In connection with the Data Aggregation Service, RPS and its service providers, including Yodlee, Inc. ("Yodlee"), maintain security features consistent with commercially reasonable standards. However, given the open nature of the Internet, personal information may flow, without security measures, over networks connecting you to our website and systems or third party websites and systems and your personal information may be accessed and used by people other than those for whom the data is intended. YOUR USE OF THE DATA AGGREGATION SERVICE IS AT YOUR SOLE RISK.
You are licensing to RPS and its service providers, including Yodlee, any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Data Aggregation Service. RPS and Yodlee may use, modify, display, distribute and create new material using such Content to provide to you the Data Aggregation Service and other services elected by you or your employer. By submitting Content, you automatically agree and represent that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, RPS and Yodlee may use the Content for the purposes set out above.
Third Party Accounts. By using the Data Aggregation Service, you authorize RPS and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant RPS and Yodlee a limited power of attorney, and you hereby appoint RPS and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN RPS OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, RPS AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF A THIRD PARTY, INCLUDING YOUR EMPLOYER. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Data Aggregation Service is not endorsed or sponsored by your employer or any third party account providers accessible through the Data Aggregation Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE DATA AGGREGATION SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE DATA AGGREGATION SERVICE IS AT YOUR SOLE RISK. THE DATA AGGREGATION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RPS, YOUR EMPLOYER, AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE DATA AGGREGATION SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE DATA AGGREGATION SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
RPS AND YODLEE MAKE NO WARRANTY THAT (i) THE DATA AGGREGATION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE DATA AGGREGATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA AGGREGATION SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, DATA AGGREGATION SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DATA AGGREGATION SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, OR (VI) THIS WEBSITE OR ANY THIRD PARTY ACCOUNT PROVIDER SITE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL FEATURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DATA AGGREGATION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY FINANCIAL LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR EMPLOYER, RPS OR YODLEE THROUGH OR FROM THE DATA AGGREGATION SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER YOUR EMPLOYER, RPS OR YODLEE NOR ANY OF THEIR RESPECTIVE AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, FINANCIAL LOSSES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOUR EMPLOYER, RPS OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DATA AGGREGATION SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND DATA AGGREGATION SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR DATA AGGREGATION SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DATA AGGREGATION SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNTS, TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE DATA AGGREGATION SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE SITE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE DATA AGGREGATION SERVICE.
Indemnification. You agree to protect and fully compensate your employer, RPS and Yodlee and their respective affiliates 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 Data Aggregation Service, 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.
You agree that your employer and Yodlee are each a third party beneficiary of the above provisions, with all rights to enforce such provisions as if your employer or Yodlee were a party to this Agreement.
Last Updated: 11/1/2014
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