Account Verification User Agreement
The Account Verification Service is intended to verify your authority to use the account that you are seeking to link to your OFX account. Your use of the Account Verification Service is subject to the terms and conditions of this Account Verification Agreement and OFX User Agreement
incorporated herein by reference. Proceeding with use of this service constitutes your assent to and acceptance of this Agreement.
PROVIDE ACCURATE INFORMATION
You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other financial institutions and you agree to not misrepresent your identity or your account information.
ACCOUNT VERIFICATION SERVICE
By using the Account Verification Service, you authorize OFX and its supplier Yodlee Inc. (“Yodlee” or “Supplier”) to access third party sites designated by you, on your behalf, to retrieve information requested by you. For all purposes hereof, you hereby grant OFX and Supplier a limited power of attorney, and you hereby appoint OFX and Supplier 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 OFX OR SUPPLIER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, OFX AND SUPPLIER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. 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 Account Verification Service is not endorsed or sponsored by any third-party account providers accessible through the Account Verification Service. You are licensing to OFX and Supplier any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Account Verification Service. OFX and Supplier may use, modify, display, distribute and create new material using such Content to provide the Account Verification Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, OFX and Supplier may use the Content for the purposes set out above. As between OFX and Supplier, OFX owns your confidential account information.
USE OF RESULTS LIMITED
You agree that the results of the Account Verification Service are for use by you and OFX and its service providers only in connection with the OFX service, on OFX’s website. You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Account Verification Service.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER OFX NOR SUPPLIER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF OFX OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE ACCOUNT VERIFICATION SERVICE OR ANY OTHER MATTER RELATING TO THE ACCOUNT VERIFICATION SERVICE, INCLUDING BUT NOT LIMITED TO (i) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ACCOUNT VERIFICATION SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE ACCOUNT VERIFICATION SERVICE; OR (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless OFX and Supplier and their 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 Account Verification Service or your violation of these terms.
THIRD PARTY BENEFICIARIES
You agree that Supplier is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Supplier were a party to this Agreement.