Terms of Use

TERMS OF USE

We know what you are thinking – Here comes the legal jargon. Click. But not with Cambio. We think you deserve better. We have the legal jargon (and please read it) but want you to understand it.

These Terms of Use reflect the values of our company, how we do business and the laws that apply to our business. Understanding these terms is important because, by using the Cambio™ mobile application and our website, you’re agreeing to these terms. Think of these as our relationship agreement. Here are the top 10 terms without all the legal jargon.

  1. With your Cambio™ membership, we give you a chance to break free and build credit by using your Cambio™ Card and our interactive financial management and education services via the Cambio™ app.
  2. In exchange, you agree to pay any Cambio™ Subscription Fees.
  3. We keep your information confidential and only use it or share it to provide you Cambio™ membership services. Our Privacy Policy explains how we protect your personal information and how to exercise your privacy rights.
  4. You are responsible for protecting your user ID and password. Don’t let your friends, strangers, family, or anyone use your information.
  5. You are responsible for any information you provide to Cambio via our app, website, or other member services. Don’t lie, be rude or inappropriate.
  6. Anything you access via our app or website (pictures, materials, content) belongs to Cambio or one of our partners. Don’t steal our stuff to make money. It’s not nice.
  7. Only use the Cambio™ app to access your member services. Don’t try to hack in to steal our information or other’s people’s information. It’s illegal.
  8. You can cancel your Cambio™ membership at any time.
  9. We are just like you, we aren’t perfect. We’ll make mistakes. Let us know and our support team will look into it.
  10. If you violate these Terms of Use, we’ll cancel your membership and potentially bring legal actions if needed. Don’t violate these Terms of Use.

CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at info@cambiomoney.com.

 

AGREEMENT

This agreement, sometimes referred to as “Terms of Use” define the relationship between Cambio Financial Health LLC (“Cambio”, “we”, “us” and “our”) and you, the person downloading our mobile application (“Application”), using our websites – www.cambiomoney.com (“Website”) and/or registering for our Services (“you” or “your”). You may use the Application, Website and Services (defined below) only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you must not accept these terms of use and may not use the Application, Website or Services. Cambio offers the Application and Website, including all information, tools, and services available from this Application and the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. You may use the Services only in compliance with these Terms of Use and all applicable laws and regulations.

SERVICES

By downloading the Application, visiting our Website, and registering for our Services, and/or engaging with the Application, you agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By using the Application, you can use our interactive platform to obtain a reloadable prepaid card and instant cash advances and financial management and education services (collectively, the “Services”). Our Services allow you to directly deposit money via VISA Readylink locations and deposit checks via remote deposit capture to a reloadable prepaid card, monitor your spending, receive information and education on money and money management and to provide us information about your financial situation. These Terms of Use apply to all users of the Application and our Website, including without limitation users who are browsers, vendors, members, merchants, and/ or contributors of Content. We are always working on new ways to improve our Application, Website and Services. We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of Services. Any new features, materials, tools which are added to the Application, Website, or Services shall also be subject to the Terms of Use.

CAMBIO™ MEMBERSHIP

Invite Only List

Prior to the launch of the Application, we have provided an opportunity for visitors to the Website to enter their email to join our invite only list of individuals who wish to receive further information as the Application and Services get underway (the “Invite Only List”). If you join our Invite Only List, you acknowledge and agree that joining the Invite Only List does not and will not make you a Cambio™ member, obligate us to provide you any services, or create any other legal or regulatory duty on our part, other than the duty to exercise reasonable care to protect your email in accordance with our Privacy Policy.

Registration

You must be 18 years or older to create an account in the Application. If you create a member account and become a registered member of the Application, you will set up a user ID and password as part of the registration process. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your password or account. You agree to:

  1. provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Member Data”);
  2. maintain and promptly update your Member Data to keep it true, accurate, current and complete;
  3. immediately notify us of any unauthorized use of your password or account or any other breach of security; and
  4. notify us immediately of any unauthorized use of your user ID, password, or membership.

Cambio has the right to suspend or terminate your membership for any reason, including for violations of this or any other agreement with Cambio. Any personal identifying information in your Member Data will be collected, used, and disclosed as provided in our Privacy Policy.

You may not use anyone else’s user ID, password, or account at any time without the express permission and consent of the holder of user ID, password, or account. Cambio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Subscription Management

If you purchased your subscription through the Apple App Store or Google Play Store, your subscription is managed by the Apple App Store or Google Play Store directly. Cambio does not have the ability to manage your subscription on your behalf, including initiating, canceling, or refunding your subscriptions. You may manage your subscription or turn off auto-renewal by going to Settings in the Apple App Store or Google Play Store app on your device after purchase.

Cancellation

You can cancel your Cambio™ membership at any time. To cancel your membership, please contact us at info@cambiomoney.com. After we receive your cancellation request, we will email you a list of cancellation activities (the “Cancellation Process”) you must complete prior to your Cambio™ Card being deactivated. Your Cambio™ membership will not be cancelled until you fully complete the Cancellation Process. Failure to complete the Cancellation Process could lead to funds being reduced to $0 by monthly inactivity fees and continued Cambio™ Subscription Fees being withdrawn from funds on your Cambio™ Card. Upon completion of the Cancellation Process, it may take between five to seven business days for your cancellation to be finalized and your Cambio™ Card deactivated. Cambio reserves the right to cancel your membership at any time for any reason, including but not limited to, failing to adhere to these Terms of Use.

You may cancel recurring charges at any time by modifying your subscription preferences in the Apple App Store, Google Play Store, or otherwise via any methods described in the Service. It may take up to three business days for the update or cancellation to take effect. No cancellation of the current subscription is allowed during the active subscription period.

CAMBIO™ Reloadable PREPAID CARD

Upon creation of your membership with Cambio, your Cambio™ reloadable prepaid card (“Cambio™ Card”) will be shipped to you by USPS and should arrive within 7-10 business days. Your Cambio™ Card can be used to pay for purchases and set up automatic payments for your bills including essential and nonessential purchases/bills. Cambio is not a bank and does not itself take deposits. You will not receive any interest on the funds held on your Cambio™ Card. If your Cambio™ Card does not have enough money on it to pay for a purchase or bill, the transaction will be declined.

The Cambio™ Card is issued by Services Credit Union (“SCU”) and your use of the card will be subject to Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement as well this agreement. Your Cambio™ Card will have pass-through insurance by American Share Insurance as further detailed in the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement. Please see the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement for full terms and conditions applicable to the Cambio™ Card. In the event of any inconsistency between this Agreement and the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement, the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement shall govern your use of Cambio™ Card and your relationship with SCU to the extent of such conflict.

You hereby apply for membership in SCU and agree to comply with its bylaws. SCU will deposit $1.00 in your share account (the par value of an SCU share and the minimum balance required to open an account). The share account does not earn a dividend. A $1.00 dormant account fee may be assessed three (3) months after your credit card account is closed if there is no other activity. Your share deposits in SCU are insured up to $250,000 by American Share Insurance, a private share insurer. You acknowledge (1) SCU is not federally insured; and (2) if SCU fails, the federal government does not guarantee that the depositor will get back the depositor’s money.

By registering for a Cambio™ membership and using the Cambio™ Card, you authorize us and SCU to share your membership and personal information with one another as necessary to provide Cambio™ Card-related services. You further authorize us to use SCU program-related information provided by SCU to provide customer service, service your Cambio membership account and/or Cambio™ Card, investigate and act on Cambio™ membership account and/or Cambio™ Card-related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy.

By applying for and using the Cambio™ Card, you will also be subject to additional data sharing terms and conditions as provided for in the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement.

We may add, change, suspend or eliminate any or all Cambio™ Card related features and services at any time, with or without notice, subject to applicable law. We may terminate your access to any or all Services, including the Cambio™ Card, in the event you violate the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement or any agreement in force between you and us. If your Cambio™ membership is closed for any reason, any Cambio™ Card affiliated with your account will be canceled.

USE AND RESTRICTIONS

Content

All text, graphics, images, user interfaces, visual interfaces, videos, articles, photographs, trademarks, algorithms, functionalities, features, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application and Website is owned, controlled or licensed by or to Cambio, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Fees

You acknowledge and agree that we may engage our affiliate or vendor to act as our agent and/or to perform certain services on our behalf for the Services, including without limitation to act as our agent in making withdrawals from funds on your Cambio™ Card to pay for the Subscription Fee or, if applicable, other fees associated with the Services.  Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize Cambio or its third-party service providers to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. Subscriptions automatically renew unless they are cancelled via the Apple App Store, Google Play Store or other method described in the Service at least 24 hours before the end of the current subscription period.

Subscription Fee

When you register for a Cambio™ membership, you agree to pay Cambio promptly the monthly Subscription Fee (“Subscription Fee”). Subject to Cambio’s discretion to waive fees described in the section titled Discretion to Waive or Customize Fees below, the Subscription Fee is $9.99 a month. The Subscription Fee is nonrefundable and will not be prorated upon cancellation by you or Cambio.

The Subscription Fee covers:

  • (i) all Services provided by Cambio;
  • (ii) all Services provided by SCU in connection with your Cambio™ Card; and
  • (iii) All the following fees typically charged by SCU in connection with your Cambio™ Card:
    1. Account opening fees,
    2. Monthly fees,
    3. Customer service fees,
    4. ATM cash withdrawal fees for up to two (2) withdrawals in a month on in-network ATMs in the United States,
    5. Value unload fees,
    6. Value reload fees, and
    7. Denied transaction fees.

The Subscription Fee does not cover the following fees[1]:

Fee

Amount

Details

Inactivity Fee

$3.00

If you do not use your Cambio™ Card for 3 consecutive months, a $3.00 monthly inactivity fee will be applied starting in the 4th month of inactivity. The monthly inactivity fee will be applied until the value of your Cambio™ Card reaches zero, or until you make a purchase or add funds to your Cambio™ Card.

Replacement Card Fee

$5.00

You may get a replacement Cambio™ Card for $5.00.

Express Delivery

$35.00

A $35.00 fee is charged for express delivery for a Cambio™ Card.

ATM Cash Withdrawal Fees – United States

$1.50

After your first two U.S. ATM withdrawals in a month, A $1.50 fee is charged for each additional U.S. ATM withdrawal in that month. If you use an ATM not in network, you may also be charged an additional fee by the ATM owner or operator.

ATM Cash Withdrawal – International

$1.50 for withdrawal and up to 2% of transaction amount for conversion fee

A $1.50 fee is charged for each international ATM withdrawal. A conversion fee of up to 2% of the international transaction amount is also charged. The exchange rate between the transaction currency and the billing currency is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable processing date, which rate may vary from the rate Visa receives, or the rate mandated by a government or governing body in effect for the applicable processing date.

[1] The fees in this table are determined by SCU and subject to change at SCU’s discretion. Cambio will do its best to keep this table up to date in these Terms; however, the most current fee amounts can be found in the  Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement.

Additionally, Cambio or any of its agents may charge a fee if a Deposit or the payment of any Subscription Fee fails due to insufficient funds on your Cambio™ Card.

Free Trial 

Cambio may offer a free trial period during which you can use the Service for a limited period of time. You can manage or cancel the trial subscription through your Apple App Store, Google Play Store account, or otherwise via any methods described in the Service.

Credit and Debit Authorization for Services

By creating a Cambio™ Membership and using the Services, you provide your electronic signature to this Terms of Use and you authorize Cambio to electronically debit and credit your bank deposit account or a credit union share draft account with a U.S. financial institution (any such account, a “Bank Account”) or Cambio™ Card via the Automatic Clearing House (“ACH”), and, if applicable, to correct erroneous debits and credits via ACH. Cambio may allow payment of the Subscription Fee or repayment of a Cambio™ Instant Cash Advance by a recurring monthly ACH debit and electronic funds transfer that will deduct money from your Bank Account or Cambio™ Card.

You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Cambio that you wish to revoke this debit authorization by contacting support@cambiomoney.com.

You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least three (3) banking days before the next scheduled debit date. We assume no responsibility for our failure to do so.

If Cambio is unable to collect your Subscription Fee via ACH payment from your Cambio™ Card or Bank Account, you authorize Cambio and/or its agents to suspend your account. You authorize Cambio and/or its agents to initiate the recurring monthly debit from your Bank Account or Cambio™ Card. Cambio reserves the right to cease offering you Services if you revoke your electronic authorization. Other Fees for Specially Requested Services and Irregular Occurrences Fees that SCU may charge, in addition to the applicable Subscription Fee charged by Cambio, for specially requested services or irregular occurrences can be found in Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement.

We try to avoid you incurring Overdraft Fees but, despite our efforts, your bank may charge you an Overdraft Fee for actions related to your Cambio™ Membership including but not limited to Cambio initiating a withdrawal from your Bank Account for repayment of an Cambio™ Instant Cash Advance or monthly subscription fee. Such fees are retained by your bank; we do not receive any portion of such fees.

You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account or Cambio™ Card, as applicable, in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. This paragraph shall survive termination, discontinuation, or cancellation of the Services or your Account for any reason.

Cambio™ Instant Cash Advance

Cambio may offers qualified members the ability to access “Cambio™ Instant Cash Advance,” a service that provides a cash advance included in the membership fee (each such advance, an “Advance”).

To be eligible for Advance, you must meet certain minimum qualifications, which are identified when you request access to Advance, and which are also available in the support section of the App. When you request access to use Advance, you give Cambio permission to review your Bank Account and CAMBIO™ Reloadable PREPAID CARD transactions to ensure you meet these minimum requirements and any other requirements Cambio may deem necessary to qualify for Advance.

When you use Advance, you also give Cambio permission to initiate a withdrawal from your Bank Account or Cambio™ Card, as applicable, for the amount of the Advance when we detect that you have received your next paycheck. Cambio may initiate the withdrawal via ACH. If you have insufficient funds to repay Cambio, you agree that Cambio may, in its sole discretion, withdraw small amounts from your Bank Account or Cambio™ Card until the balance is repaid in full, or withdraw the full amount of the Cambio Advance when sufficient funds are in your Bank Account or Cambio™ Card.

We offer Advances on a nonrecourse basis. Consequently, we warrant to you that we have no contractual or legal claim against you for an Advance, and we will not engage in debt collection activities, place the amount advanced with or sell to a third party, or make any reports to credit reporting agencies regarding your Advance. However, we reserve the right to deny you access to Cambio™ Instant Cash Advance if you (i) do not meet the qualification requirements, (ii) request an excessive number of Advances in succession, or (iii) do not repay the full balance of an Advance.

While Cambio does not charge Overdraft Fees, your Bank Account may. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and we cannot guarantee that repayment of an Advance will not cause or trigger Overdraft Fees in your Bank Account.

Discretion to Waive or Customize Fees

The Subscription Fee is not negotiable. Cambio reserves the right to waive or customize the Subscription Fee or any part of the Subscription Fee at any time, for any period, for any Cambio member at its sole and absolute discretion.

Initiatives with Waived Fees

Cambio may, from time to time, elect to launch promotions or other initiatives whereby Subscription Fees may be waived, in whole or in part, for certain categories of members (such as, by way of example, students, beta testers, members below a certain age and/or military veterans). Any such initiative (i) may be expanded, narrowed, suspended, cancelled, or modified at any time by Cambio in its sole discretion, and (ii) will be subject to rules, guidelines and/or terms and conditions, if any, that Cambio determines in its sole discretion to apply in connection therewith (which rules, guidelines and/or terms may be included in website landing pages, on the Website generally and/or elsewhere). To the extent any such program or initiative is cancelled or terminated, Cambio will, after giving impacted clients notice, begin charging clients the then current Subscription Fees prospectively. You agree and acknowledge that Cambio shall have sole discretion in determining whether or not any existing member or potential member meets the requirements to participate in and/or benefit from any such program or initiative, and Cambio shall not be liable to you or any other party in connection with any such decision and/or in connection with the administration of any such program or initiative generally.

Promotions and Referrals

We may, at our sole discretion, make available promotions with different features to any users or prospective users of our Application or Services. These promotions, unless made to you, shall have no bearing whatsoever on your relationship with us. From time to time, we may offer you with incentives to refer new users to our Website, Application or Services. These incentives may come in the form of Reward Shares and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at our sole discretion. Reward Shares may include but are not limited to reimbursement of Subscription Fees, Cambio™ Reward Points, and other fees. We reserve the right to withhold or deduct Reward Shares or other benefits obtained through a promotion in the event that we determine or believe that the receipt of the reward or benefit was in error, fraudulent, illegal or in violation of these Terms of Use or an applicable referral agreement or program agreement.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Website or Application for non-commercial purposes to: (i) learn about the Services; (ii) register for a Cambio™ membership; (iii) obtain a Cambio™ Card; (iv) educate yourself regarding finance and financial management; (v) access statements and confirmations regarding transactions in connection with and the amount of money on your Cambio™ Card; (vi) access and print or download copies of the current version of these Terms of Use, the Services Credit Union CambioTM Visa® Prepaid Card Cardholder Agreement, and other documentation relating to the Services and your Cambio™ membership; and (vii) make such other use of the Website or Application as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, nonsublicensable license to use the user interface of the of the Website, the Application and their respective Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Application or Website shall belong to us or our Licensors, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Application or Website may not be copied, modified, republished, assigned, sold, or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Application or Website and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Application or Website. You have no right or claim of right to the Content or any unique ideas found on the Application or Website. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from

  1. using the Application, Website, Content and/or Services:
    1. for any unlawful purpose;
    2. to solicit the performance of any illegal activity or other activity which infringes the rights of Cambio or others;
    3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. to submit false or misleading information;
    7. to collect or track the personal information of others;
    8. to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of the Application, Website, Content, Services or of any related website, other websites, or the internet;
    9. to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page scrape or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to i) access, acquire, copy or monitor any portion of the Application, Website, Services or Content, ii) in any way reproduce or circumvent the navigational structure or presentation of the Application, Website, Services, or Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application or Website, or iii) gain unauthorized access to any portion or feature of the Application or Website, or any other systems or networks connected to the Application, Website, or to any Cambio server, or to any of the services offered on or through the Application or Website; and/or
  2. probing, scanning, or testing the vulnerability of the Application, Website, or any network connected to the Application, nor breach the security or authentication measures on the Application, Website or any network connected to the Application or Website,
  3. exploiting the Application, Website, or Services or information made available or offered by or through the Application or Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on the Application or Website;
  4. interfering with or circumventing the security features of the Application, Website, Content, Services or any related website, other websites, or the Internet; and
  5. using your Cambio™ membership or the Services in a manner that we, SCU or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, miles, perks, points, etc. with your credit card, debit card, or bank account. We reserve the right to terminate your use of the Application, Website, Content, Services or any related website for violating any of the prohibited uses.

 

PRIVACY

Cambio’s Privacy Policy applies to use of the Application, Website and Services unless otherwise noted. This Agreement incorporates the terms of the Privacy Policy by reference. Additionally, by using the Application and/or Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Application or Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

THIRD-PARTY LINKS

Periodically, links may be established from the Application, Website, or Services to one or other external websites or resources operated by third parties (the “Third-Party Sites”). Cambio provides these links for your convenience only. In addition, certain Third-Party Sites also may provide links to the Application, Website, or Services. At no time shall any such inbound or outbound links be deemed to imply that Cambio endorses or approves the Third-Party Sites or any content therein. Cambio does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such third-party sites.

Access to any Third-Party Sites is at your own risk. Cambio will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Without limiting the foregoing, linking to the Application, Website, or Services is strictly prohibited absent express written permission from Cambio. In addition, framing, in-line linking, or other association of the Application, Website, or its contents with links, advertisements, and/or other information not originating from the Application or Website is expressly prohibited.

APPROVED THIRD PARTY PRODUCTS/SOFTWARE

In order to continue to provide additional benefits, Cambio will partner with other third parties in order to offer those benefits (“Approved Third Party”). Therefore, in addition to the Terms of Use, you are also agreeing to the terms of use that are required by the Approved Third Party. The Approved Third Party’s terms of use can be found here.

WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Warranties

ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE APPLICATION AND WEBSITE, THE APPLICATION, WEBSITE AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE APPLICATION AND ITS CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE APPLICATION, WEBSITE AND THEIR RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, (5) THE INFORMATION, SOFTWARE, OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE APPLICATION OR WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS AND (6) THAT ACCESS TO OR USE OF THE APPLICATION, WEBSITE OR THEIR RESPECTIVE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE APPLICATION, WEBSITE AND THEIR RESPECTIVE CONTENT IS AT YOUR OWN RISK AND CAMBIO MAKES NO WARRANTIES. CAMBIO RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION, WEBSITE, AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION OR ANY CONTENT FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Application, Website, Content, or the Services is inaccurate at any time without prior notice. Your reliance upon the information available on the Application, Website or located through utilization of the Services and your interactions with third-party users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices, and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Application, Website, or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, Website and Services, or any portion of the Application or Website; (2) to modify or change the Application, Website, or Services, or any portion of the Application, Website, or Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Application, Website, and/or provision of Services, or any portion of the Application, Website, or Services, as necessary to perform routine or nonroutine maintenance, error correction, or other changes. You understand and agree that Cambio will have no liability for any negligence or lack of due care in failing to protect the security of the Website.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

 

Limitation of Liability

In no case shall Cambio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use the Applications, Website, Services and/or any Content; (ii) from any interruption in the availability of the Application, Website, Services and/or Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Application or Website, or transactions entered into, through or from the Application or Website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party in the Application or Website; (vii) from any delay or failure of the Application, Website and/or Services arising out of causes beyond Cambio’s control; (viii) out of the use of, reference to, or reliance on, the Content and/or Services; (ix) out of any third party materials, information, products and services contained on, or accessed through, the Application or Website (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on Third-Party Sites; or (xi) out of any other matter relating to the Application, Website, Services, or Content.

In the event you are dissatisfied with, or dispute, these Terms of Use, the Application, Website, Services and/or the Content, your sole right and exclusive remedy is to terminate your use of the Application, Website, Content, or Services, even if that right or remedy is deemed to fail of its essential purpose. You confirm that has no other obligation, liability or responsibility to you or any other party.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. No action, regardless of form, arising out of the transactions under this Agreement may be brought by you more than twelve (12) months after the cause of action first arose.

Indemnification

You agree to indemnify, defend and hold harmless Cambio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of material you post, transmit or otherwise make available through the Application or Website, and any claim or demand relating to your use of the Application or Website, your connection to the Application, Website, any Content, or Services provided through the Application or Website, your breach of these Terms of Use or the documents they incorporate by reference, OR your violation of any law or the rights of a third-party.

MISCELLANEOUS

Click-Through Agreements

Before using certain areas of the Application or Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

Binding Agreement

You and we agree, pursuant to the E-Sign Act (‘the Electronic Signatures in Global and National Commerce Act’, as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts. Severability In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on the Application or Website or in respect to the Application, Website, and Services constitutes the entire agreement and understanding between you and us and govern your use of the Application, Website, and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Survivability

The term of these Terms of Use will continue for as long as we allow you access to and use of the Application and/or Services. Sections titled “Use and Restrictions,” “Warranties, Limitations of Liability and Indemnification,” “Governing Law,” and “Assignment,” and this Section shall survive any termination or expiration of these Terms of Use.

Assignment

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Governing Law

The Application, Website and Services, any information provided from it and these Terms of Use are given and made in Illinois, U.S.A. This Agreement is subject to Illinois law, without regard to its choice of law provisions.

Dispute Resolution

In this section, we and you shall also be referred to herein as each a “Party” or together the “Parties.” The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either Party may initiate negotiations by providing written notice in letter form to the other Party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter will be submitted to JAMS, or its successor, for mediation.

Except as provided herein, no arbitration or civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced until the matter has been submitted to JAMS, or its successor, for mediation. Either Party may commence mediation by providing to JAMS and the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either Party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither Party may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action if the Parties so desire. The provisions of this sub-section may be enforced by any court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney’s fees, to be paid by the Party against whom enforcement is ordered.

If the matter is not resolved under the processes described above, the Parties hereby agree to settle by arbitration dispute, claim or controversy arising out of or relating to this Agreement. Such arbitration will be conducted by and according to the arbitration rules then in effect of the American Arbitration Association. An arbitration proceeding may be initiated by serving or mailing a written notice.

The Parties acknowledge and agree:

  • (i) Arbitration is final and binding on the Parties;
  • (ii) The Parties are waiving their right to seek remedies in court, including the right to a jury trial;
  • (iii) Pre-arbitration discovery is generally more limited than and different from court proceedings;
  • (iv) The arbitrators’ award is not required to include factual findings or legal reasoning and any Party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited; and
  • (v) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the financial services industry.

Any award the arbitrator makes will be final, and judgment on it may be entered in any court having jurisdiction. This arbitration agreement shall be enforced and interpreted exclusively in accordance with applicable federal law, including the Federal Arbitration Act. Arbitration shall be conducted in Chicago, Illinois at a location determined by the American Arbitration Association. Any costs, fees or taxes involved in enforcing the award shall be assessed fully against and paid by the Party resisting enforcement of said award.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on our Website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Application, Website, or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Last updated: August 2, 2021