Terms of Service

Welcome to eMoneyPool. This eMoneyPool User Agreement ("Agreement") is a legal agreement between you ("you," "your") and eMoneyPool, Inc. ("eMoneyPool," "we," "our" or "us").

We want to make it easy for you to save and borrow money, and have developed a MoneyPool service (the "Service," more fully described in Section 1 below) to help you. Before you can use the Service, we require that you accept the terms of this Agreement.

If you do not agree with these terms and do not want to be bound by this Agreement, you will not be granted any rights under this Agreement and you may not use or access the Service. Signing up for eMoneyPool means you accept these terms:

1. Your License

eMoneyPool grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to make and receive payments, and to manage the funds you so receive. The Service includes our website, any programs, documentation, tools, internet-based services, components, and any updates (including website maintenance, service information, help content, or bug fixes) thereto provided to you by eMoneyPool. You will be entitled to updates to the Service, subject to any additional terms made known to you at that time, when eMoneyPool makes these updates available.

While we want you to enjoy the Service, you may not, nor may you permit any third party to do any of the following: (i) access or attempt to access eMoneyPool systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from eMoneyPool; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.

2. Ownership

The Service is licensed and not sold. eMoneyPool reserves all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. eMoneyPool owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place eMoneyPool under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, eMoneyPool does not waive any rights to use similar or related ideas previously known to eMoneyPool, or developed by its employees, or obtained from sources other than you.

3. Account Registration

You must register and create a 'Member' account to use the Service. When prompted by our registration process, you agree to (a) provide true, accurate, current and complete information about yourself, and (b) maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, eMoneyPool has the right to terminate your eMoneyPool Account ('Account') and refuse any and all current or future use of the Service.

4. Protecting Your Information

It is your sole responsibility to ensure that your account numbers, passwords, login details and any other security or access information used by you to use or access the Service is kept safe and confidential. You must prevent unauthorized access to and use of any of your information or data used with or stored in or by the Service ('Account Data'). You are responsible for all electronic communications sent to us or to any third party containing Account Data. When we receive communications containing your Account Data, we assume you sent it to us. You must immediately notify us if you become aware of any loss, theft or unauthorized use of any Account Data. We reserve the right to deny you access to the Service, in whole or in part, if we believe that any loss, theft or unauthorized use of any Account Data or access information has occurred. You grant us permission to anonymously combine your Account Data with that of other members in order to improve our services to you.

5. Use of the Service

We have the right and sole discretion to revise, update or otherwise modify the Service and to establish or change limits regarding the use of the Service. We will always attempt to notify you of any modifications with reasonable notice, by posting to the eMoneyPool website and/or sending you an email to the email address provided when you registered or subsequently updated by you. We reserve the right to make any such changes effective immediately to maintain the security of our system or to comply with any laws or regulations, and to provide with notice via email of such changes. We may also perform maintenance on the Service from time to time and this may result in service interruptions, delays, or errors. We will always attempt to provide prior notice of scheduled maintenance but cannot guarantee that notice will always be provided. You may be offered new services that may be in beta and not final. As such, the Service may contain errors and 'bugs' that may result in its failure. You agree that we may contact you in order to assist you with the Service and obtain information needed to identify and fix any errors.

6. Privacy

Upon acceptance of this Agreement you confirm that you have read, understood and accepted eMoneyPool's Privacy Policy.

7. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. No Warranty

THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, eMoneyPool, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

eMoneyPool DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND eMoneyPool WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES

9. Limitation of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL eMoneyPool, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL eMoneyPool BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, eMoneyPool AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL eMoneyPool, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF eMoneyPool HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. eMoneyPool makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States.

10. Indemnity

You will indemnify, defend and hold us and our Processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or the Networks’ rules; (b) your wrongful or improper use of the Services; (c) any transaction submitted by you through the Service; (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.

11. Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name; (d) you are a signer on the bank account submitted in the registration process; and (e) you will not use the Service, directly or indirectly, for any fraudulent undertaking, illegal activity, or in any manner so as to interfere with the use of the Service.

12. Consent to Electronic Communication

We primarily communicate with you via your registered electronic address (e-mail). By registering for the services and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. You agree that we may provide all communications and transactions related to the services and your accounts, including without limitation agreements related to the Service, amendments or changes to such agreements, disclosures, notices, transaction information, statements, policies (including without limitation notices about our Privacy Policy), responses to claims, and other customer communications that we may be required to provide to you by law in electronic format. All communications by us will be sent either (a) via e-mail, (b) by providing access to a Website that we designate in an e-mail notice to you, or (c) posting on our website. All Communications will be deemed to be in 'writing' and received by you when sent to you. You are responsible for creating and maintaining your own records of such communications. You must send notices to us at the designated e-mail addresses on the website or through the submission forms on the website. We reserve the right to discontinue or modify how we provide communications. We will give you prior notice of any change. Your continued consent is required to use your account and the Service. To withdraw your consent, you will need to close your account.

13. Limitation on Time to Sue

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

14. Amendment

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at http://www.eMoneyPool.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

15. Termination

eMoneyPool may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in eMoneyPool's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. We reserve the right (but have no obligation) to delete all of your information and Account Data stored on our servers if your membership is terminated or if you have not performed in accordance with the Escrow Agreement. Upon termination you must immediately stop using the Service and the license provided under this Agreement shall end. You also agree that upon termination in accordance with this section, eMoneyPool shall not be liable to you or any third party for termination of access to the Service or deletion of your information or Account Data. The rights and obligations of Section 9 (Limitation of Liability and Damages) and Section 10 (Indemnity), will survive termination of this Agreement.

16. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eMoneyPool without restriction.

17. General Provisions

Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and eMoneyPool, and describe the entire liability of eMoneyPool and its vendors and suppliers (including Processors) and your exclusive remedy with respect to your access and use of the Service. In the event of a conflict between this Agreement and the Privacy Policy, this Agreement shall prevail. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Arizona law as applied to agreements entered into and to be performed entirely within Arizona, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Maricopa County, Arizona or federal court for the District of Arizona. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that eMoneyPool may have under trade secret, copyright, patent or other laws. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and eMoneyPool's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.