YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.
Last updated: December 8, 2017
These Terms of Use (these “Terms”) represent an agreement between you and FatCat Financial, Inc. (dba “WinWin”) and contain the terms and conditions governing your use of and access to: (1) our website at winwinsave.com and all of our other websites to which these Terms are posted (collectively, the “Website”); (2) our mobile applications to which these Terms are posted or linked (collectively, the “Application”); and (3) any products, services, and applications made available through the Website or the Application (together with the Website and the Application, the “Services”). “You” and “your” mean the person who uses or accesses the Services. “We,” “us,” and “our” mean WinWin and its successors, affiliates, and assignees. As used in these Terms, “WinWin Account” means the account you have with us for the Services and through which you access information about your WinWin Bank Account (“WinWin Bank Account”) maintained at Wells Fargo (“WinWin Bank”).
Your use of and access to the Services are subject at all times to these Terms and is subject to our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services or by clicking to agree to these Terms when that option is made available to you, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms or understand our Privacy Policy, do not use or access the Services.
THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARINGHOUSE NETWORK (“ACH”).
YOUR CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at support@winwinsave.com. If you withdraw your consent to receive Communications electronically, we will close your WinWin Account and cause the WinWin Bank to return the balance in your WinWin Bank Account to Your Bank Account as set forth in these Terms, and you will no longer be able to use your WinWin Account or WinWin Bank Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website or the Application.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or iOS; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.
YOUR AUTHORIZATION FOR ACH DEBITS AND CREDITS
By agreeing to these Terms, you authorize WinWin Bank to electronically debit or credit your designated deposit account at your designated depository financial institution (“Your Bank Account”) via ACH and debit or credit your WinWin Bank Account, as well as if ever applicable, to correct erroneous debits and credits via ACH as follows:
Range of Acceptable Debit Amounts: up to $1,000 per Business Day (as defined below)
Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day)
You also acknowledge that the amount and frequency of the foregoing debits and credits may vary and that you waive your right to receive prior notice of the amount and date of each debit and credit.
In addition, by agreeing to these Terms, you authorize the WinWin Bank to electronically debit Your Bank Account via ACH (and, if ever applicable, to electronically credit Your Bank Account to correct erroneous debits) as follows:
Amount of Debits: Monthly Fee as further described below
Frequency of Debits: Once a month
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify WinWin that you wish to revoke this authorization by emailing support@winwinsave.com. You must notify WinWin on behalf of the WinWin Bank at least three Business Days before the scheduled debit date of any ACH transaction from Your Bank Account in order to cancel this authorization. If the WinWin Bank does not receive notice at least three Business Days before the scheduled debit date, the WinWin Bank may attempt, in its sole discretion, to cancel the debit transaction. However, neither WinWin nor the WinWin Bank assume any responsibility for our failure to do so. Withdrawal of your electronic authorization contained in this Section shall be authorization for us to close your WinWin Account and WinWin Bank Account and cause the return of the balance in your WinWin Account to Your Bank Account as set forth in these Terms, and you will no longer be able to use your WinWin Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.
Are there any fees for using the Services?
The current amount of the Monthly Fee is disclosed on the Website and the Application. The Monthly Fee may be debited on a monthly basis from Your Bank Account pursuant to your ACH authorization provided above. The Monthly Fee is non-refundable, except as otherwise required by applicable law. WinWin may change the amount, frequency, and debit date of the Monthly Fee from time to time at WinWin’s sole discretion. WinWin will notify you in advance of any change to the Monthly Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Monthly Fee takes effect, you agree to pay the Monthly Fee, as modified.
What are the requirements to use the Services?
In order to use the Services, you must: (a) accept and agree to these Terms and acknowledge our Privacy Policy; (b) register with us on the Website or the Application; (c) be a U.S. citizen (or a legal U.S. resident) of at least 18 years of age (or older if you reside in a state where the majority age is older); (d) have a bank account with a U.S. financial institution; (e) provide all information requested by us, such as your name, email address, mobile device number, online credentials for Your Bank Account, and such other information as we may request from time to time (collectively, “User Information”); and (f) pay the Monthly Fee as specified herein. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify WinWin of changes to your User Information by updating your WinWin Account on the Website or the Application; provided, however, that you must notify WinWin at least three Business Days before any changes to Your Bank Account information, including, but not limited to, the closure of Your Bank Account for any reason, by emailing support@winwinsave.com or by updating your WinWin Account via the Website or the Application. If we approve your registration, you will be authorized to use the Services, subject to these Terms.
For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Your Bank Account information. When you register for the Services and from time to time thereafter, we or the WinWin Bank may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
A copy of your government-issued photo ID, such as a driver’s license or passport;
A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and
Such other information and documentation that may be required from time to time.
By using the Services and providing User Information to WinWin and the WinWin Bank, you authorize us or the WinWin Bank to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and Your Bank Account from the financial institution holding Your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant WinWin and our third-party service providers a limited power of attorney, and you hereby appoint WinWin and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User 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 WINWIN OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WINWIN AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding Your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between WinWin and our third-party service providers, WinWin owns your confidential User Information.
The information you provide us is subject to our Privacy Policy.
You hereby request and consent to our sharing of your Personal Information (as defined in the Privacy Policy) with WinWin Bank and you will authorize WinWin Bank to share Personal Information with us in order to provide you the Services hereunder.
How do I use the Services?
The purpose of the Services is to try to help you save money. You authorize WinWin to instruct WinWin Bank to periodically transfer funds from Your Bank Account to your WinWin Bank Account via ACH based on the amounts you choose to save on a one-time and/or recurring basis, and based upon your ACH authorization provided above. Only funds from Your Bank Account may be transferred to your WinWin Bank Account. The funds in your WinWin Bank Account are held at FDIC-insured banks.
Your funds will remain in your WinWin Bank Account until you instruct us to transfer any or all of your funds from your WinWin Account to Your Bank Account by updating your WinWin Account via the Website or the Application. The WinWin Bank will generally transfer the requested funds from your WinWin Bank Account to Your Bank Account within two Business Days of when a request is received. It is important to know the amount of available funds in your WinWin Account before instructing us to transfer funds from your WinWin Bank Account to Your Bank Account. If you do not have sufficient available funds in your WinWin Bank Account to cover the amount of the requested transfer, your request for the transfer will be declined. Funds from your WinWin Bank Account to Your Bank Account will be moved without additional notice to you upon the closure of your WinWin Bank Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use the funds in your WinWin Bank Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from Your Bank Account and the funds maintained in your WinWin Bank Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in Your Bank Account.
WinWin is not a depository institution, money transmitter or financial adviser, and the Services are not intended to provide financial advice. Your financial situation is unique. You are responsible for ensuring Your Bank Account has sufficient funds for your needs, purposes, or transactions and neither WinWin or the WinWin Bank makes any guarantees or representations that your WinWin Bank Account will grow to a specific amount or that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
For more information about the Services, please review these Terms and visit our Frequently Asked Questions page on the Website or the Application.
How do I check the balance in my WinWin Bank Account?
You may obtain information about the balance of funds in your WinWin Account at any time by logging into your WinWin Account on the Application.
Will I receive interest on the funds held in my WinWin Bank Account?
You agree that you will not receive interest or other earnings on the funds in your WinWin Account. You irrevocably transfer and assign to WinWin any and all rights that you may have to any interest that may accrue on funds held in your WinWin Account. This assignment applies only to interest earned on the funds held in your WinWin Account, and nothing in these Terms grants WinWin any rights to the principal of the funds held in your WinWin Account.
What are some restrictions on using the Services?
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with Your Bank Account or your WinWin Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at support@winwinsave.com.
The Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Content”) are provided solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Content.
The Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. All rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your WinWin Account, WinWin Bank Account or any other person’s WinWin Account or WinWin Bank Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto- responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.
No grant of any licenses, express or implied, to any intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, your WinWin Account including your access to your WinWin Bank Account for any reason, including, but not limited to, your breach of these Terms.
What do I do if my mobile device is lost or stolen or if I suspect someone has gained unauthorized access to my username or password?
If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact us immediately at support@winwinsave.com. In order to take any action, you will need to provide certain User Information so we can verify your identity.
How does WinWin communicate with me about the Services?
In order to use the Services, you must provide and verify your mobile device number or other text message address to us. You also may provide your email address to us and, if you do, we may provide notices via email about the Services To verify your mobile device number text message address or email address, we may send you a code via text message to the mobile device number, text message address or email address you provide, and you must enter that code as instructed by us. Moreover, if you provide your email address to us, we may send you important notices via email about the Services. If you change your mobile device number, text message address or email address, you must promptly provide and verify your new mobile device number, text message address or email address. Use of the Services requires that you confirm below your authorization to being contacted at your mobile device number, by text or by email that we can send you text or phone messages to such number or mail to such email address.
Telephone Consumer Protection Act Consent and Email Messages.
You agree that WinWin may from time to time send text messages or phone calls to you at any telephone number associated with your WinWin Account that could result in charges to you, which you will be solely financially responsible for. You agree that these messages or phone messages can be via prerecorded or artificial voice messages and/or through the use of an automatic dialing system. Moreover, you agree that WinWin can send e-mail messages to you at any e-mail address you provided, and may use other electronic means of communication to the extent permitted by law. Your consent may be revoked at any time by contacting WinWin at revokeconsent@winwinsave.com; however, you acknowledge that revoking your consent could result in your WinWin Account being closed and funds in your WinWin Bank Account being returned to you.
What do I need to know about third-party websites?
The Services may contain links or connections to third-party websites or services that are not owned or operated by us or our third-party service providers or licensors. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. Your access and use of such third-party websites and services is subject to applicable third- party terms and conditions and privacy policies. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
What if I want to stop using the Services?
You may stop using the Services at any time, close your WinWin Account, and cancel these Terms at any time by contacting us at support@winwinsave.com and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your WinWin Account when we receive your termination notice, we will close your WinWin Account, and cause the closure of your WinWin Bank Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
Upon the closure of your WinWin Account, any funds in your WinWin Bank Account will be transferred to Your Bank Account. If Your Bank Account is closed or we are otherwise unable to transfer the funds in your WinWin Bank Account to Your Bank Account, a check for the amount of the funds will be sent to you at your street address in our records.
If you do not use the Services for a certain period of time, applicable law may require the WinWin Bank to report the funds in your WinWin Bank Account as unclaimed property, which will then be accessible to you by contacting the applicable state. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.
What about my privacy?
WinWin takes the privacy of its users very seriously. You understand that by using the Services, you consent to the collection, use, storage, and disclosure of your information as set forth in these Terms and our Privacy Policy.
What else do I need to know about the Services?
Additional Terms. In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or the Application, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.
Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WINWIN, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR WINWIN ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. At our request, you agree to defend, indemnify, and hold harmless WinWin or, the WinWin Bank, their affiliates, and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Assignment. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your WinWin Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Third-Party Beneficiary. You agree that our third-party services providers are third- party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
Governing Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Will these Terms or the Services ever change?
These Terms amended or terminated at any time, in our sole discretion, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website and the Application or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
How can I contact WinWin?
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@winwinsave.com or WinWin, 14 Murray Street, # 118, NY, NY 10007.