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YourOwn Inc. Terms and Conditions

Last updated on April 12, 2024 


Welcome to YourOwn. A secure digital wallet designed to simplify and enhance managing financial data in pursuit of building wealth and achieving life goals. YourOwn enables you to seamlessly own your entire financial profile. Effortlessly share your profile with trusted entities such as lenders, landlords, and financial advisors, facilitating home loans and leases as well as wealth and tax advice. YourOwn prioritizes your security and privacy, ensuring that your financial data remains protected and under your control. Before getting started, we urge you to carefully review the Terms and Conditions Agreement provided below. 


THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT. 


Terms and Conditions Agreement 

 

1. Description of our Service 

 

Our goal is to provide you (the “User” as defined below and also referred to as “you” or “your”) with a Wallet that transforms your financial profile info into a wealth building asset. For purposes of these Terms of Use, our services provided through the Wallet and specifically described in this Section below (the “Services”) are comprised of the following features, delivered to you through the Wallet, as follows: 

 

Profile Management

 

The Wallet stores a comprehensive, and constantly updated financial profile, tailored to the demands of a wide range of financial services. This profile includes data and documents pertaining to the user’s income, banking, investments, credit, and loans, alongside identity info. The profile’s portability allows users to share their profiles with third-party entities, allowing financial transactions of different types. The profile data is encrypted with the user's private keys generated by the wallet's seed phrase to ensure security and privacy.

 

YourOwn incorporates third party functionality and/or content from Plaid, Inc. By using the Wallet you acknowledge that you have read and agree to be bound by Plaid’s Terms of Use (plaid.com/legal/) and Privacy Policy.   

 

Profile Sharing

 

The Wallet empowers users with the autonomy to share their profile information with third parties. This can be done through direct email or by utilizing YourOwn's API for instantaneous sharing. Users have discretion over which components of their profile are shared, ensuring that the data transmitted aligns with their intentions and privacy preferences. Users have the ability to track the usage of their shared data, providing transparency on how and where their information is being utilized by third parties. Users are responsible for making informed decisions about sharing their data. We advise users to share their data exclusively with trusted third-party entities with whom they are conducting or intend to conduct business. Once data is shared with a third party, YourOwn is not liable for any subsequent use or misuse of this data. Users are encouraged to review third-party terms and privacy policies to understand how their information will be handled. YOUR USE OF THIRD PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.


API Access


YourOwn now or in the future will offer an API for third-party integrations, enabling businesses to connect with and receive user-consented data efficiently. Designed with robust security protocols, the API ensures that all data transfers are encrypted and compliant with the highest industry standards. Third parties can leverage this integration to access users’ profile information, provided users have explicitly consented to this sharing. The API's developer-friendly design facilitates easy integration into existing systems, allowing for a streamlined process of data acquisition and utilization. We prioritize transparency and control, ensuring that all data sharing is governed by user permissions and adheres strictly to our privacy policies. By utilizing the YourOwn API, third-party businesses can enhance their services, offering more personalized and efficient experiences to their users, all while upholding the utmost respect for data privacy and user autonomy.

 

Ongoing Updates 

 

The services are evolving and you may be required to accept or install updates to the Wallet or Services, or update third-party software (i.e., browsers or OS) in order to keep using the Wallet or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice. 

 

2. About YourOwn Inc. 

 

YourOwn Inc. (“YourOwn”, “we”, “us” or “our”) is a Delaware corporation.

 

3. Agreement and Acceptance of Terms 

 

These Terms of Use, along with any exhibits, disclosures, addendums or amendments hereto, as may be amended or modified from time to time (collectively, this “Agreement”), constitutes an agreement between you and YourOwn which sets forth the terms and conditions applicable to your access and use of our Wallet, the webpage or webpages on which the Wallet are offered (the “Site”), and the Services. In this Agreement, we refer to the Wallet, Site and Services collectively as “Wallet;” we refer to those who use our Wallet collectively as “users”.
 

This Agreement does not modify any other separate agreements between you and any YourOwn affiliate for other services or products you may elect to use. 
 

By using the Wallet you also agree to the terms of our Privacy Policy, set forth at https://www.yourownwallet.com/ (the “Privacy Policy”), which explains how we gather, use, disclose and manage your personal information. Terms used but not defined in this Agreement have the meanings provided to them in our Privacy Policy. 
 

Please read this Agreement and our Privacy Policy carefully. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT. 
 

By accessing or using the Wallet, the Site or any of the Services, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement or any amendment thereto, then you may not use the Wallet, the Site or the Services. You also agree that: 
 

  • You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Wallet in any manner or attempt to access the Wallet if you are not willing to be bound and abide by this Agreement. 

  • WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY DATA OR OTHER CONTENT OBTAINED FROM THIRD-PARTY SOURCES (“THIRD PARTY CONTENT”) THAT IS DISPLAYED OR REPORTED THROUGH THE WALLET. We do not explicitly or implicitly endorse or approve Third Party Content. Reliance on Third Party Content available on or through the Wallet is at your own risk. While the Wallet provided by YourOwn may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

  • We cannot recover seed phrases or unlock account information stored in the Wallet in any circumstances, including if the Wallet is compromised by malware on your device, and IT IS YOUR SOLE RESPONSIBILITY TO TAKE ALL REASONABLE PRECAUTIONS TO SECURE AND BACKUP YOUR SEED PHRASE AND THE INFORMATION SECURED BY IT.

  • The services provided by YourOwn are intended solely for access and use by persons residing in the United States. By using the services, you warrant that you are a legal resident or citizen of the United States. You acknowledge and agree that the services offered by YourOwn are not designed for use outside of the United States. We make no claims that YourOwn or any of its content is accessible, appropriate, or legally permissible outside the United States. Access to the services might not be legal by certain persons or in certain countries. YourOwn is not liable for any data submitted or used by users outside the United States. If you access YourOwn from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  • The Wallet and services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they reside, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Wallet unless you have reached the legal age of majority in the jurisdiction where you are a resident. 

  • We reserve the right to change or modify this Agreement or our Privacy Policy from time to time. We also reserve the right to modify or discontinue any portion of the Services or features and functionality provided through the Wallet, from time to time. If we decide to change this Agreement or our Privacy Policy, we will post such changes on the Wallet or on the Site, and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Wallet, with or without prior notice to you. You agree that we will not be liable to you or any third party for any modification of the Wallet, this Agreement, the Privacy Policy, or your access to the Wallet. 

 

4. Your Registration Information 
 

In order to use our Wallet, you will first need to create a YourOwn account (“Account”) through the Wallet with a valid email address. 
 

5. Communication Consent and Electronic Disclosure
 

Consent to Receive Electronic Communications:
 

By providing your email and enrolling for the use of the Wallet or any of YourOwn or its affiliates' products or services, you consent to receive all notices, information, and communications electronically. This includes, but is not limited to, the Privacy Policy, legal or regulatory notices, account-related news, and alerts, as well as promotional and marketing offers. Electronic communications may be posted on the Wallet platform or delivered to your registered email address and/or phone number. All electronic communications are deemed received within five (5) business days of posting or dissemination.
 

Accuracy of Contact Information:
 

It is your responsibility to provide accurate, complete, and up-to-date contact information, including email addresses and phone numbers, and to promptly update any changes to this information. You may print and retain a copy of any electronic communications for your records.


Opting Out of Promotional Communications:


Receiving promotional emails and text messages from YourOwn is not a condition of purchase. You may opt out of promotional communications at any time. To unsubscribe from emails, follow the unsubscribe link in the email or contact us at info@yourownwallet.com. To stop receiving promotional text messages, reply with STOP, END, or QUIT to any text message from YourOwn. Following your request to unsubscribe, you may receive a final confirmation message. Unsubscribing from promotional communications will not affect the delivery of important transactional, security, or authentication messages from YourOwn.
 

Non-Promotional Communications:
 

Opting out of promotional communications will not affect the delivery of important transactional, security, or authentication messages from YourOwn and its affiliates, including critical support or legal incident-related communications.
 

Changes to Communication Methods:
 

YourOwn reserves the right to modify the methods or terms of electronic communications and will notify you of such changes as required by applicable law. Your consent to receive electronic communications will persist even after termination of your use of the Wallet, as long as you use other YourOwn services that provide such communications.
 

7. Wallet – Disclaimers 
 

Not Investment Advice:
 

The content available through the Wallet is provided solely for informational purposes. It should not be interpreted as legal, tax, investment, financial, or other forms of professional advice. Any information or materials provided by YourOwn or through third-party services, either on our website or within the Wallet, do not constitute a recommendation or endorsement to buy or sell any financial instruments. Such content should not be used as the sole basis for making investment decisions or for substantial changes to your financial strategy. Every investment decision should be made with due consideration and, where appropriate, in consultation with a professional financial advisor.


Education Information Only:
 

All content provided by YourOwn, whether on our website or through the Wallet, is of a general nature and does not address the specific circumstances of any individual or entity. It should not be taken as comprehensive financial advice or a complete statement of the relevant facts and laws. YourOwn does not assume a fiduciary role by virtue of any individual’s use of or access to our website or Wallet. Users are solely responsible for evaluating the merits and risks associated with the use of information provided by YourOwn before making any decisions based on such information. In using our services, users agree not to hold YourOwn, its affiliates, or any third-party service providers liable for any damages arising from decisions made based on information or content provided through the website or Wallet.


Investment Risks:
 

Investing in securities carries inherent risks. Investments in stocks, bonds, ETFs, mutual funds, money market funds, real estate, and private equity can result in loss of principal. High-risk investments may employ leverage, amplifying both gains and losses. Investments in foreign markets come with additional risks, including greater volatility, political and economic instability, and differences in accounting methods. Past performance of a security or firm does not guarantee or predict future investment outcomes. The Wallet provides information for general guidance and should not be the only factor in making investment decisions. YourOwn explicitly disclaims any liability for risks taken based on actions informed by its services.
 

8. Cost of Service 
 

Use of the baseline Wallet services may be offered free of charge to users. For users seeking enhanced capabilities, optional premium services will be available for a fee, designed to elevate your experience with specialized insights and tools. Additionally, partners integrating with the YourOwn API may incur a fee, subject to the discretion of YourOwn. YourOwn retains the discretion to revise or update its pricing policies for both existing and future services. Any changes in pricing will be communicated immediately to users, ensuring users can make the best decisions for their needs. We are dedicated to maintaining a balance between offering accessible, high-quality services and evolving our platform to continually meet the dynamic needs of our users and partners.
 

9. Data and Data Integrity 
 

The overall integrity and quality of the data presented by YourOwn to you is an important element in providing you with a high quality and accurate picture of your personal finances. YourOwn, however, is not responsible for and cannot guarantee the accuracy or timeliness of account information we retrieve on your behalf directly from third-party technology providers or from third-party financial institutions where your accounts are held. 
YourOwn may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other Service interruptions. YourOwn assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. YourOwn encourages you to periodically confirm the present or past balances, valuations or execution prices contained in accounts or in particular investments as applicable, through independent sources such as an investment adviser, broker-dealer or other financial institution. 

 

10. Other Obligations While You Use the Wallet 
 

Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Wallet’s login information including password and seed phrase. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Wallet’s information is not compromised. If you receive evidence that someone has committed fraud by accessing your Wallet you must contact us IMMEDIATELY at  info@yourownwallet.com
Accurate and Up-to-Date Information: Our Wallet depends on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. Our ability to protect the security of your Account as described in our Privacy Policy is increased by your provision of correct contact and account information to us, and by your never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts). 

 

You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving in public, transmitting, or publishing your Login, passwords and seed phrases; (ii) use our Wallet for illegal purposes, (iii) use our Wallet to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) transfer, resell or make any commercial use of the Wallet, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Wallet, including, but not limited to, any software applications, Java applets or plug-ins associated with the Wallet; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Wallet or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Wallet through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper. 
 

Consent to Recording. You consent to the recording of any electronic or written correspondence, communication, or interaction, and any or all telephone conversations between you, us and any of our affiliates. Your consent is ongoing and need not be confirmed prior to or during such recording, except to the extent that applicable law expressly requires otherwise. You agree and understand that such recordings may be submitted as evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all financial data that we have provided to you. 
 

11. Confidentiality and Feedback 
 

We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our proprietary and confidential information (“Confidential Information”). Feedback may be submitted to info@yourownwallet.com 
 

12. Third Party Software and Service Providers 
 

Use of Third-Party Services:
 

YourOwn's Wallet integrates various third-party software, tools, and services to enhance your experience. Occasionally, we may update this Agreement to reflect changes requested by our third-party providers. Such updates may include additional terms specific to these providers.
 

Navigating to Third-Party Sites:
 

When using the Wallet, if you engage with services provided by third parties, you may be redirected to their websites. In these instances, your interaction will be governed by the terms of service, privacy policies, and other relevant policies of the respective third-party providers. We strongly advise you to review these terms and policies carefully to understand your rights and responsibilities.
 

Engagement with Financial Service Providers:
 

Similarly, accessing financial services through external providers via the Wallet subjects you to their specific terms and conditions, as well as privacy and usage policies.
 

Social Media Interaction:
 

YourOwn may offer features that allow you to share your experiences on social media platforms such as Facebook®, LinkedIn®, TikTok®, YouTube®, and others. Any content you post on these platforms, including pictures, information, opinions, or personal details, falls under the purview of those platforms' terms of service and privacy policies. We encourage you to consult the terms of the respective social media platforms to fully understand your rights and obligations regarding shared content.


13. Third-Party Offers 
 

Third-Party Offers: Some parts of the Wallet may, either today or in the future, be supported by advertising or marketing partnership relationships. We will always disclose when a particular YourOwn third-party offer is sponsored or when a third party compensates YourOwn in connection with the sponsored offer. 
 

14. Use of Cookies
 

YourOwn’s website utilizes different technologies to collect, store, and aggregate data about website usage. We may use electronic tags called “cookies” to help us understand and analyze use of our site. This work is either performed directly by us or by a third party we’ve hired to assist us. We collect information about which pages have been accessed and for how long, the country the user accesses the site from, and certain technical information regarding the user’s computer and operating systems, such as user Internet protocol address, domain name and browser, etc.
Certain sections of YourOwn’s site require cookies to be enabled to enhance site performance. For example, cookies provide a secure way for us to verify user identity during a session and any return visits, they enable us to personalize a user’s experience on our sites, and they help enhance site navigation. Cookies also help us to understand how people use our sites so we can improve site functionality.

 

When a user comes to the website, our server sends a cookie to the user’s computer. Standing alone, cookies do not identify the user personally; they merely recognize the user’s browser. Generally, personally identifiable information is obtained by us only when a user decides to provide it, such as when requesting additional information via email or providing personal information.


We use two types of cookies on our sites, temporary cookies and persistent cookies. Temporary cookies are used to store information during a browser session and will expire shortly after concluding a visit to one of our sites. Persistent cookies are used to store information between visits to one of our sites and are stored permanently or for a specified length of time. Persistent cookies are used to facilitate easier navigation within our sites and provide a higher level of convenience for the user.


A user can choose to have their computer issue a warning each time a cookie is being sent, or a user can choose to turn off all cookies. The management of cookies generally is handled through the user’s browser settings (e.g., Google Chrome). To obtain more information about managing cookies, visit www.aboutcookies.org.
 

16. Ownership, Copyright, and Trademark 
Certain additional terms and conditions applicable to use of all YourOwn websites and applications are set forth on YourOwn websites and applications. These terms and conditions include certain terms pertaining to trademark, copyright and other intellectual property rights. In using the Wallet, you acknowledge and agree to the terms set forth in the general terms and conditions set out on our websites at www.yourownwallet.com, including, without limitation, terms pertaining to intellectual property terms. 

 

17. Disclaimer of Representation and Warranty; Disclaimer of Liability 
 

NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, THE Wallet PROVIDED BY YOUROWN, ITS LICENSORS AND AGENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUROWN, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE Wallet. YOUROWN, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE Wallet AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE Wallet, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, YOUROWN DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE Wallet AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK. 
 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUROWN, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY WALLET INTERRUPTIONS, FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF YOUROWN’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, FOR ANY INTERNET OR TELECOMMUNICATIONS FAILURE, OR FOR YOUR INABILITY TO ACCESS THE Wallet. NOR CAN YOUROWN OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE WALLET, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WALLET WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE WALLET IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, YOUROWN CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE WALLET, EITHER PRESENTLY OR AS THEY EVOLVE; THE WALLET MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER YOUROWN NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WALLET. NEITHER YOUROWN NOR ITS CONTENT PROVIDERS WARRANT THAT THE WALLET COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION, TO THE EXTENT THE WALLET ARE NOT LEGALLY SUBJECT TO SUCH REQUIREMENTS. 
 

18. Limitation of Liability 
 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF YOUROWN, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU FOR ACTUAL DIRECT DAMAGES IN CONNECTION WITH YOUR USE OF THE Wallet SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). YourOwn, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY I) LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF YOUROWN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; II) THE COST OF SUBSTITUTE GOODS OR SERVICES; III) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; V) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; VI) ANY PROVIDER OR THIRD PARTY WEBSITE; OR VII) ANY OTHER MATTER RELATING TO THE WALLET. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you. 
 

THE WALLET 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. YourOwn 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. 
 

19. Closing Your Wallet Account 
 

This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us for use of the Services, you may do so by closing your Account. 
Please use the directions below to close your Account: 

 

Email info@yourownwallet.com from the email address associated with your Account, indicating “CANCEL” in the subject line of the message. After confirming you are the Account owner, we will remove your accounts, transactions and login information pertaining to this Wallet from our records, and we will only continue to retain such information as we are required by law to retain.  In the event you are enrolled in other services with us, closing your Account will not cancel those other services. 
 

We reserve the right to terminate our legal agreement with you and your use of the Services (by providing an email notice of such termination): (i) 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); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services that you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. In addition, we reserve the right at any time to terminate certain Services previously offered if we no longer offer such Services; such termination shall not impact the remaining Services nor your Agreement with us. The termination of this Agreement will not affect any of our rights and obligations to each other arising under this Agreement prior to termination. 
 

20. Governing Law and Venue 
 

This Agreement and any Wallet provided hereunder will be governed exclusively by the laws applicable in the State of Delaware, excluding its provisions on conflicts or choice of law. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Delaware or federal district court for Delaware with respect to any dispute or litigation arising under this Agreement or as the result of any Wallet. 
 

21. Arbitration 
 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE WALLET, ANY MARKETING ACTIVITIES, AND/OR THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT, IN DELAWARE BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF DELAWARE. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE. 
In the event of any dispute regarding this Agreement, a demand for arbitration must be made within one (1) year of the date the claim arose, notwithstanding any other period that might be provided by otherwise applicable law. 

 

22. Change of Terms 
 

We may revise this Agreement at any time, and therefore we suggest that you periodically review this Agreement as provided on our Site. We may notify you of any changes by posting such changes on our Site, and/or at the e-mail address associated with your Account, and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Wallet, and you agree that any of these means of our communicating a change in the Agreement constitutes adequate notice to you. Your continued access or use of any of the Wallet indicates your agreement to be bound by any such revisions. 
 

23. Indemnification 
 

You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of the Wallet, your violation of this Agreement, your infringement of any intellectual property rights, or violation by you or any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent. 
 

24. Not a Certified Investment, Legal or Tax Advisor 
 

YourOwn does not provide, offer or render investment, financial, tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. 
 

25. Miscellaneous 
 

YourOwn does not waive its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, it will be considered separate and severable from the Agreement and the validity or enforceability of any other provision of this Agreement shall not be affected. After termination or expiration of this Agreement, the provisions which by their nature contemplate performance after this Agreement terminates or expires shall survive and continue in full force, including, without limitation, provisions respecting indemnification, limitation of liability, arbitration, intellectual property, and governing law and venue. Except for YourOwn affiliates, no third party will be deemed a third-party beneficiary under this Agreement. 
 

26. Section Headings 
 

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. 
 

27. Assignment 
 

You may not delegate, transfer or assign the terms and conditions or any of your rights and obligations under this Agreement (by operation of law or otherwise) without our prior written consent, and any prohibited assignment will be null and void. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries. 
 

This Agreement and any consents or approvals provided herein shall be applicable to all successors and assigns of YourOwn. 
 

28. Entire Agreement 
 

The Agreement, including the Privacy Policy and any other documents expressly incorporated by reference herein, represents the entire understanding between both you and us regarding your use of the Wallet and the subject matter hereof and supersedes any prior statements or representations.  

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