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My Financial Plan Terms and Conditions

These Terms of Use (“Agreement”) set forth the terms and conditions that apply to your access and use of My Financial Plan (“My Financial Plan” or “Service”).  My Financial Plan is provided by BodesWell Inc., its subsidiaries and/or affiliates (collectively “BodesWell”) as a service provider, and not by American Express Company, its subsidiaries and/or affiliates including American Express Travel Related Services Company, Inc. (collectively “American Express”).  Except as otherwise set forth in this Agreement, your relationship with American Express continues to be governed by the American Express Online Terms of Service and the American Express Online Privacy Statement.

 

My Financial Plan is a personal finance information management service that allows you to consolidate and track your financial information. My Financial Plan is designed to help you organize and manage your finances.

 

As used in this Agreement, the term “Sites” includes My Financial Plan websites and all pages that are associated or within each website. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.


Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases for My Financial Plan, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website), or a “Customer” (which means that you have an account to use the Services). The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to BodesWell. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

 

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with BodesWell.

Before you continue, you should print or save a local copy of this Agreement for your records.


Privacy and your Personal Information

In addition to this Agreement, you agree to the American Express Online Terms of Service and American Express Online Privacy Statement. You further agree that BodesWell and American Express may use and maintain your data according to this Agreement and the American Express Online Privacy Statement, as part of the Services. 


Account Information from American Express and Third-Party Websites

You consent to American Express sharing certain of your information, such as your American Express account personal data, card transaction data, savings account data, and historical records of the foregoing data (“Amex Account Information”) with BodesWell to enable the Services and facilitate your use of the Services.

 

In addition to sharing Amex Account Information with BodesWell, you may also choose to direct BodesWell to retrieve your information (“Third-Party Account Information”) maintained online by third-parties with which you maintain accounts, engage in financial transactions, or have customer relationships (“Third-Party Institutions”). BodesWell works with Plaid, Inc., its subsidiaries and/or affiliates (collectively “Plaid”) to access and retrieve this Third-Party Account Information.

 

If you want BodesWell to retrieve your Third-Party Account Information from your Third-Party Institutions, you must consent to the Plaid End-User Privacy Policy which governs how Plaid can access, retrieve, store, use, and share your Third-Party Account Information.

 

You acknowledge and understand that American Express, BodesWell, and Plaid are not associated with or affiliated with any of your Third-Party Institutions.  You acknowledge and understand that you will need to provide your username, password, or other log-in information for a Third-Party Institution (“Login Credentials”) to Plaid in order for Plaid to retrieve your Third-Party Account Information.  By providing your Login Credentials to Plaid, you are authorizing Plaid to use the Login Credentials to retrieve your Third-Party Account Information on your behalf from such Third-Party Institutions in accordance with the Plaid End-User Privacy Policy.  Third-Party Account Information could include any of the information that is accessible online from the Third-Party Institutions for which you provide your Login Credentials.

 

You consent to Plaid sharing the Third-Party Account Information Plaid retrieves on your behalf with BodesWell to enable the Services and facilitate your use of the Services.  You also consent to BodesWell sharing such Third-Party Account Information in de-identified form with its service providers to enable the Services and facilitate your use of the Services.

 

Plaid and BodesWell will not share your Third-Party Account Information with American Express.  American Express will not receive or have access to any Third-Party Account Information or any information obtained from third-party websites, and expressly disclaims all liability for all Third-Party Account Information, for all information obtained from third-party websites, and in connection with you granting access to third-party websites.

 

BodesWell does not review the Amex Account Information or Third-Party Account Information (collectively “Account Information”) for accuracy, legality or non-infringement. BodesWell cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of personalization settings or other service interruptions. BodesWell 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 Services, Third-Party Account Information is only as recent as the time shown, which reflects when BodesWell last updated the information obtained from third-party websites. Such information may be more up-to-date when obtained directly from the relevant websites.


Rights You Grant to Us

By submitting information, data, usernames, passwords, PINs, other log-in information, materials and other content to BodesWell through the Services, you are licensing that content to BodesWell for the purpose of providing the Services. BodesWell may use and store the content in accordance with this Agreement and the American Express Online Privacy Statement. You represent that you are entitled to submit it to BodesWell for use for this purpose, without any obligation by BodesWell to pay any fees or be subject to any restrictions or limitations.

 

By providing your Login Credentials to BodesWell or Plaid, you expressly authorize BodesWell and Plaid to access your Third-Party Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to BodesWell and Plaid.  For purposes of this Agreement, you grant BodesWell and Plaid a limited power of attorney, and appoint BodesWell and Plaid as your attorney-in-fact and agent, to access third-party websites, retrieve and use your Third-Party Account Information and to engage in such activities as are otherwise necessary to provide the Services to you.  YOU ACKNOWLEDGE AND AGREE THAT WHEN BODESWELL AND PLAID ARE ACCESSING AND RETRIEVING THIRD-PARTY ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, BODESWELL AND PLAID ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. You further agree that the third parties are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.  You agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. BodesWell 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.

 

American Express will not receive or have access to any Third-Party Account Information or any information obtained from third-party websites, and expressly disclaims all liability for all Third-Party Account Information, for all information obtained from third-party websites, and in connection with you granting access to third-party websites.


Not an Investment Adviser, Financial Planner, Broker or Tax Advisor

BODESWELL, AMERICAN EXPRESS, AND THE SERVICES ARE NOT PROVIDING LEGAL, TAX OR FINANCIAL ADVICE. BODESWELL AND AMERICAN EXPRESS ARE NOT ACTING AS AN INVESTMENT ADVISER, FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in consolidating and tracking your financial information. Any future projections provided in the Services are hypothetical, do not represent the performance of actual accounts, and are not a guarantee of future results. The information provided to you through the Services is dependent on the accuracy, reliability, and completeness of the data you provide to the Service, including any Third-Party Account Information you authorize BodesWell and Plaid to obtain.

You agree that BodesWell and American Express have undertaken no independent investigation to verify the valuations, accuracy or completeness of Third-Party Account information and that the inclusion of Third-Party Account Information in the Services creates no duty or other responsibility for BodesWell or American Express to advise you to take any action or inaction regarding your positions, investments, investment strategies, or asset allocations at other third-party institutions. You agree that you should perform your own evaluation of any information provided to you through the Services based on your personal financial circumstances and investment objectives.

 

None of the information contained in the Services is to be construed as investment advice. The materials and information presented through the Services are for informational purposes only, and are not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading or investment strategy. BodesWell provides you with access to a variety of resources, including information, education, and tools to assist you in managing and organizing your finances. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal financial circumstances and investment objectives. You should consult your financial, legal or tax professional regarding your specific situation.

 

BodesWell and American Express are not acting as a fiduciary or endorsing any company, products, services or securities by publishing any information contained on the Services. BodesWell and American Express do not warrant or guarantee the accuracy or timeliness of any such information or data and disclaim all liability for investment or other decisions based upon this information.


Your Registration Information and Electronic Communications

In order to allow you to use the Services, you will need to sign up for a My Financial Plan account (“Registration”). We will verify your identity using the login credentials and password for your American Express online account. Amex Account Information will be used to set up your account profile in My Financial Plan.

You agree and understand that you are responsible for maintaining the confidentiality of your login credentials and password, which allow you to access the Sites. By registering for My Financial Plan, you consent to receive all required notices and information related to My Financial Plan, including through electronic communications. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that American Express has on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate, through the instructions provided on My Financial Plan. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. You agree that all electronic communications provided in any manner described above will constitute good and effective delivery of those communications when posted or sent, regardless of whether you actually or timely access, view or otherwise retrieve the communications.  Your consent to receive communications electronically is valid until you end your relationship with us.

 

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

 

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify BodesWell immediately at the email address support@myfinancialplan.americanexpress.com.

 

If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.


Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable BodesWell to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that BodesWell, in its sole discretion, may elect to take. In no event will BodesWell or American Express be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for BodesWell to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.


Intellectual Property

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to BodesWell and/or American Express or their software or content suppliers. BodesWell and American Express grant you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

 

Access and Interference

You agree that you will not:

 

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 Services or any portion of the Services, without BodesWell and American Express’s express written consent, which may be withheld in BodesWell and American Express’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 services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Apple Safari);

 

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 Services;

 

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or

Attempt to gain an unauthorized access to any portion of the Services.


Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BODESWELL AND AMERICAN EXPRESS, THEIR AFFILIATES, AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

BODESWELL, AMERICAN EXPRESS, AND THEIR SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BODESWELL, AMERICAN EXPRESS, AND THEIR SUPPLIERS DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES 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.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.


Limitations on Liability

BODESWELL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING 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 SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF BODESWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BODESWELL’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

AMERICAN EXPRESS DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF BODESWELL AND YOU HEREBY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.


Your Indemnification

You shall defend, indemnify and hold harmless BodesWell and American Express and their respective officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including but not limited to reasonable attorney’s fees), whether in tort, contract, or otherwise, that arise out of or relate in whole or in part to, or are attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.


Termination

BodesWell and American Express may at any time, terminate its legal agreement with you and access to the Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if BodesWell or American Express, each in its sole discretion, believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) for any reason and at any time with or without notice to you, including due to the termination of the Services; or (d) immediately upon notice, to the e-mail address provided by you as part of your Registration. Upon termination, information previously available to you through the Service may be deleted and no longer be available, including any information stored by BodesWell or Plaid.

 

You acknowledge and agree that BodesWell may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that BodesWell and American Express shall not be liable to you or any third party for any termination of your access to the Services.


Modifications

BodesWell and American Express reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. BodesWell and American Express reserve the right to change the Services, in our sole discretion and from time to time. You agree that BodesWell and American Express shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

BodesWell and American Express may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.


Governing Law and Forum for Disputes

New York state law governs this Agreement without regard to its conflicts of laws provisions.

 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Delaware law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU, BODESWELL, AND/OR AMERICAN EXPRESS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to BodesWell and American Express. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section, along with the sections on Disclaimer of Representations and Warranties, Limitation of Liability, Indemnification, and Termination, shall survive expiration, termination or rescission of this Agreement.