Terms & Conditions Sep 04, 2020
By using or downloading our mobile application (“Guac ”) (collectively, “Guac”, “our” or “we”), or accessing or using our website at www.guacapp.com (“Website”), and any social media accounts maintained by Guac, including without limitation on Facebook, Twitter and Instagram (“Social” and, together with the App and the Site, the “Guac Platform”; any services available through or in connection with the Platforms, the “Services”), you indicate your unconditional acceptance of the following Terms of Service on your own behalf and on behalf of any organization you represent.
Throughout these Terms and Conditions, “you” or “your” refer to you and the organization, if any, that you represent. Please read these Terms carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Platform; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all
1. Scope of Service
Guac maintains the Guac Platform, and provides Services, as a service to our users, subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Platforms and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue any of the Platforms and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
2. Registered Users
3. Fees & Payments
a. Subscription Fees. We may make available the Services, including monthly subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Guac directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription may automatically be renewed for an additional subscription period of the same amount of time. You may cancel your subscription as provided on the Guac Platform
from time to time. We may refuse to renew any subscription.
b. Incentives. Guac may at its sole discretion offer incentives to users of the Guac Platform or to holders of one of our debit cards. Current fees and incentives can be found on the Website.
which it may change from time to time; you agree that Guac will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of third party payment service in addition to these Terms of Service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING Guac WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR Guac PLATFORM FROM TIME TO TIME.
d. Refunds. Other than when expressly set forth on our Services as updated from time to time, Guac has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Guac, in each case in Guac’s sole discretion.
4. User content
a. Submitted Content. Certain of our Platforms and Services enable users to load additional information onto our Platform, which can be made accessible to other users, Clients and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share
any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Platforms, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Ownership of Content. Guac does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Guac the right to copy, store and make that User Content available to other users in connection with your use of our Platforms and our Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film and broadcast media. When you make available the User Content to users of our Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.
You expressly authorize Guac to access your Account Information (as defined herein) maintained by identified third parties, which is included in your User Content, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Guac’s third party processors will submit information including usernames and passwords that you provide to log you into such third party website(s). You hereby authorize and permit Guac to use and store information submitted by you to the
Guac Platform (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and Conditions and solely to provide the Account Information to you as part of the Guac Platform and Services, you grant Guac a limited power of attorney, and appoint Guac as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing
necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN GUAC IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, GUAC IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. Guac is not responsible for any payment processing errors or fees or other Services-related issues, including
those issues that may arise from inaccurate account information.
c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the submission and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any
other monies owed by reason of User Content you submit or use on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
d. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Services, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services. Without limiting the foregoing, we have the right to remove any material that Guac, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services.
e. Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your address, date of birth, Social Security Number, a copy of your government-issued ID, or such other information or documentation as we may deem necessary. Such information may be required, for instance, in order to meet our legal obligations or the requirements of our Partner Bank.
f. Required Disclosures. You acknowledge and agree that Guac may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms and Conditions; and/or (d) protect the rights, property, or personal safety of Guac,
its representatives and/or agents, its users or the public.
5. User Conduct
You understand and agree not to use the Guac Platform to:
- Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
- To violate any laws or for any illegal purpose.
- Contribute funds to a savings goal, or create a savings goal to which others could make contributions, for the purpose of money laundering or other illegal transferring of funds.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to: a) using the Guac Platform or Services to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the Guac Platform or Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Guac.
- Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt Guac or servers or networks connected to Guac, or disobey any requirements, procedures, policies or regulations of networks connected to Guac.
6. Access and Interference
You agree that you will not, directly or indirectly:
- – Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or Services or any portion of the Platform or Services, without Guac’s express written consent, which may be withheld in Guac’s sole discretion;
- – Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Guac Platform or Services, other than the search engines and search agents, if any, available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- – Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform or Services; or
- – Attempt to decipher, decompile, disassemble, or the Platform or Services.
7. Your Guac Account
Any funds that you direct to be transferred from your Funding Source to Guac, either manually via the Guac App or in accordance with Savings rules you have established via the Guac App, will be held by Guac for your benefit in an FDIC-insured account maintained at one of Guac’s partner banks (each a “Partner Bank”). The funds held by Guac in such account for your benefit are referred to herein as your “Guac Account”. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by Guac, and you hereby irrevocably
assign and transfer to Guac any right or interest that you may have therein. However, Guac does not hereby obtain any rights to the principal amount of the funds it holds on your behalf.
8. Authorization to initiate ACH transactions
By accepting these terms and conditions you authorize Guac to initiate ACH credit and/or debit transactions between your Funding Source and your Guac Account. These transactions will be either initiated in the Guac App by you (“Manual Transfers”) or initiated in the Guac app based on “Rules” you’ve set up in the App. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. Periodic ACH transactions will be generated by the Guac App to move funds from your Funding Source to your
Savings Account based on “Savings” that arise from Guac applying the Rules you’ve established. Manual Transfers will be processed when authorized by your entry.
You understand that this authorization will remain in full force and effect until you notify Guac that you wish to revoke this authorization. You understand that Guac requires at least 3 business days’ prior notice in order to cancel this authorization.
9. Funding Source Verification
The Funding Source verification process is in place to ensure a Funding Source is compatible with Guac and supports ACH transfers; to prevent Users’ goals from being disclosed to unknown funding sources; and to verify external Funding Source account ownership.
One of two methods are used to verify Funding Source: 1) To successfully verify a funding source, two small credit
transactions will be sent for processing to the external Funding Source. The amounts of those credits will then be immediately debited out of the Funding Source. Users will need to verify the external Funding Source by entering the deposit amounts in the required fields provided in their Guac Account. Users will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source or 2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.
10. Shared Goals
Guac provides its Users with the ability to share their respective savings goals and send messages between Users sharing the same savings goal. Where you share your savings goals through use of the Guac Platform, all Users sharing that specific savings goal will have the ability to view the total saved by others sharing that savings goal as well as the transaction detail of money saved toward that savings goal. You agree that in inviting others to share one of your goals that others sharing that savings goal will be able to view the amount of your savings, solely as it applies to that savings goal. You agree that by accepting an invitation to share a savings goal, others sharing that savings goal will be able to view your data, solely as it applies to that savings goal.
11. Third Party Financial Institutions and Subcontractors
Guac employs third parties in order to provide its Services to you. Third party services are used to: verify your identity, speed up and streamline on-boarding, processing of savings transactions and data aggregation. These third parties will have access to only that information provided by you to Guac that is needed by them to execute specific processes necessary to provide you with the Services or with the bank account services you register for in connection with the Guac Platform. They will use this information in order to verify your identity and retrieve your financial data for aggregation. Guac may employ different or additional third parties for these Services. Guac does not review the information retrieved from third parties. Guac is not responsible for the timeliness or accuracy of the data provided by such third parties. In addition, in the event that Guac is permitted to undertake any action under these Terms and Conditions, you agree that we may permit our third party financial institutions or subcontractors to undertake such action on our behalf.
You agree to let Guac access any account you have set up through our third party processor in connection with the Services. We agree to only use that information to in order to provide you with the Guac Platform and Services.
12. Timeliness and Accuracy of External Data
As part of the Guac Platform, Guac will retrieve User information from your bank accounts (“Your Bank Accounts”) you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions (“Account Information”). Guac works with one or more online financial service providers under contract to access this Account Information. Guac makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Guac is not responsible for the products and services offered by or on third-party sites.
Guac cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Guac cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Guac Platform, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Guac Platform, in the manner prescribed in the associated instructions.
13. Online and Mobile Alerts
Guac may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Profile or your Accounts. Electronic alerts will be sent to the email address you have provided. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Guac Login ID and some information about Your Bank Accounts.
14. Guac’s Intellectual Property Rights
a. Ownership of Content on our Platform. Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“Guac Content”) is the property of Guac or its licensors (who may be other users of our Services). Guac Content is protected by copyright, trademark, patent, trade secret and other rights of Guac and its licensors, and, as between you and Bark & Co, Guac retains all rights in the Guac Content, the Services and the Platforms, provided that, you have a non-transferable,
non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Platforms and Guac Content solely for your use of the Services, subject to these Terms of Service. Product names are trademarks or registered trademarks of their respective owners.
b. Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Guac Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Guac Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Platforms or Guac Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Platforms. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
c. Guac Content Provided “AS IS”. The Guac Content may contain typographical errors, other inadvertent errors, or inaccuracies. Guac reserves the right to make changes to document names and content, descriptions or specifications of products or services, or other information, without obligation to issue any notice of such changes.
d. Permitted Use of Guac Content. You may view, copy, download, and print Guac Content that is made available to you on our Platforms or through our Services, subject to the following conditions:
i. You may only use the Guac Content for your internal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or the Guac Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
ii. You may not modify, alter, or prepare derivative works based on the Guac Content, or distribute copies of or publicly distribute, perform or display the Guac Content, including without limitation by posting the Guac Content on any network computer or distributing the Guac Content on or in any media, except as we may permit on a case-by-case basis.
iii. You may not remove copyright, trademark, and other proprietary notices from the Guac Content. Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Guac Content displayed on our Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with Guac’s prior written permission or the permission of the third party that owns the trademark or copyright of the Guac Content displayed on our Platforms.
15. Disclaimer Regarding Use of Mobile Devices
Use of the Guac Platform 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. Guac 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.
16. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE GUAC PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. GUAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE Guac PLATFORM OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GUAC PLATFORM IS AT YOUR SOLE RISK.
GUAC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE GUAC PLATFORM, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GUAC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE GUAC PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
17. Alert Disclaimer
You understand and agree that any alerts provided to you through the Guac Platform may be delayed or prevented by a variety of factors. Guac does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Guac shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
18. Limitations on Guac’s Liability
GUAC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE GUAC PLATFORM AND SERVICES, YOUR USE OF THE
GUAC PLATFORM, SERVICES OR THESE TERMS AND CONDITIONS, EVEN IF GUAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, GUAC’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), EXCEPT TO THE EXTENT ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR
OTHER CAUSE FOR WHICH APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION.
GUAC IS NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR INCONVENIENCE ARISING OUT OF YOUR USE OF THE GUAC PLATFORM AND SERVICES. GUAC RESERVES THE RIGHT TO CANCEL OR RESTRICT YOUR ACCESS TO THE GUAC PLATFORM AND SERVICES WITHOUT NOTICE TO YOU. GUAC IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY YOU OR ANY INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY OUR TERMINATION OF YOUR ACCESS TO THE GUAC PLATFORM OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, GUAC WILL NOT ACCEPT OR HAVE ANY LIABILITY IN THE EVENT OF UNAUTHORIZED USE OF YOUR ACCOUNT WITH GUAC, THE CONDUCT OF FRAUDULENT OR ILLEGAL ACTIVITIES VIA YOUR ACCOUNT WITH GUAC, ANY INABILITY TO TRANSACT OR PROBLEMS RELATED TO POOR INTERNET ACCESS, MOBILE DEVICE OR COMPUTER FAILURE OR OTHER COMMUNICATION ISSUES, OR ANY ISSUES RELATED TO THE TIMELY EXECUTION OF A PAYMENT, TRANSFER, DEPOSIT OR SIMILAR.
WHILE GUAC ENDEAVORS TO PROVIDE SECURE, FAULT-FREE ACCESS TO THE GUAC PLATFORM AND SERVICES AT ALL TIMES, WE PROVIDE THE GUAC PLATFORM AND SERVICES “AS-IS”, AND IN NO EVENT WILL WE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT OR PUNITIVE DAMAGES BY OMISSION OR OTHERWISE AS A RESULT OF THE USE OF THE GUAC PLATFORM AND SERVICES.
19. Term and Termination
Until your access to the Guac Platform is terminated by either you or Guac, these Terms and Conditions will remain in force.
Termination by you:
You may terminate these Terms and Conditions by notifying Guac via feedback option in “settings” of your intention to terminate.
In such event, Guac will delete your User Profile and deactivate your login within 48 hours.
Any funds held in your Guac Account at the time of termination will be credited to your Primary Account.
Termination by Guac:
Guac may terminate these Terms and Conditions at any time upon notice, to the email address provided by you as part of your User Profile.
In such event, Guac will delete your User Profile and deactivate your login within 48 hours.
Any funds held in your Guac Account at the time of termination will be credited to your Primary Account.
20. Governing Law and Forum for Disputes
These Terms and Conditions, and your relationship with Guac under these Terms and Conditions, shall be governed by the laws of the State of California without regard to conflicts of law principles. Any dispute with Guac, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms and Conditions shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Guac may seek such relief in any court with
jurisdiction over the parties. You understand that, in return for agreement to this provision, Guac is able to offer the Service at the terms designated. Your assent to this provision is an indispensable consideration to these Terms and Conditions.
21. Agreement to Arbitrate
(“AAA”) and you and Guac hereby expressly waive trial by jury. You and Guac shall appoint as sole arbitrator a person mutually agreed by you and Guac or, if you and Guac cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the
arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Guac shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court of the Central District of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Guac prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Guac prior to the effective date of removal.
These Arbitration provisions will survive the termination of Your relationship with Guac.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions.
You agree that if Guac does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions, this will not be taken to be a formal waiver of Guac’s rights and that those rights or remedies will still be available to Guac.
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions. These Terms and Conditions represent the entire understanding and agreement between you and Guac regarding the subject matter of the same, and supersede all other previous agreements.
By accepting these Terms and Conditions, you agree to indemnify and otherwise hold harmless New World Savings, Inc., their officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from; i) your use of Guac, ii) unauthorized access to or alteration of your communications with or through Guac, or iii) any other matter relating to Guac. Any business transactions that may arise between Users from their use of Guac are the sole responsibility of the Users involved.
24. Copyright Notice
New World Savings, Inc. 2017, all rights reserved. Unless otherwise specified, the content of the Guac Website and Guac Mobile App including, but not limited to, text, graphics, logos, buttons, images, data compilations, icons, and code, is the property of New World Savings, Inc. and/or its affiliates, and is protected by United States and international copyright laws.
25. Trademarks Belonging to Guac
Registration of the trademark “Guac” is pending under the Untied Sates Patent and Trademark Office. Alone or as a part of any trademark, logo, work or domain name they are a trademark of New Word Savings, Inc. Any trademarks of third parties used in connection with the Guac Platform are property of such third parties and not of Guac. ©2020 New World Savings Inc. All Rights Reserved