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.
To All Members:
• With your Cambio™ membership, we give you a chance to break free and find ways to improve your financial well-being by using our services and our interactive financial management and education services via the Cambio™ app.
• You are responsible for protecting your user ID and password. Don’t let your friends, strangers, family, or anyone use your information.
• 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.
• 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.
• 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.
• You can cancel your Cambio™ membership at any time.
• We are just like you, we aren’t perfect. We’ll make mistakes. Let us know and our support team will look into it.
To Premium Managed Disputes Subscribed Members:
• Cambio does not charge you in advance of rendering services for Managed Disputes. Cambio only charges you in arrears for the services performed in the prior, distinct, independent thirty (30) day cycle of services as notated in your online account.
• Cambio does not represent that its premium services as described resolve debts in any way. Cambio’s premium services simply endeavors to have inaccurate information removed from your credit report.
• Cambio cannot remove accurate information from your credit report.
• You can dispute inaccurate information on your credit report on your own.
• Results are not guaranteed. You understand that Cambio charges for each thirty (30) day cycle of services, and not for specific outcomes.
• You have the right to cancel this agreement within three (3) days of the date you enroll.
• You further have the right to cancel this agreement at any time, but you will be responsible for any services that are completed through the date you cancel.
• If you do not choose not to cancel your subscription, you will be charged in arrears every thirty (30) days for the services performed and completed in the previous month. Please review Cambio’s full terms for additional details.
• You have read, reviewed, and understand your consumer credit file rights as separately provided.
Invite Only List
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:
- provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Member Data”);
- maintain and promptly update your Member Data to keep it true, accurate, current and complete;
- immediately notify us of any unauthorized use of your password or account or any other breach of security; and
- notify us immediately of any unauthorized use of your user ID, password, or membership.
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.
If after you purchased your subscription by making payment directly through the Cambio App, you can upgrade, downgrade or cancel your subscription in the app. For upgrades, you will be charged the difference in your upgrade immediately and be charged your new subscription price in the following months. For downgrades, you will be charged your current rate if you’ve already paid for the month and will be charged the new subscription price in the following months. You can make changes by logging in, going to menu and then manage subscription to change or cancel your subscription.
Cambio™ Premium Subscription
When you register for a Cambio™ Premium membership, you agree to pay Cambio the monthly or annual Subscription Fee (“Premium Subscription Fee”) upon sign up. Subject to Cambio’s discretion to waive fees described in the section titled Discretion to Waive or Customize Fees below, you have the option to select your own Premium Subscription Fee between $7.49-$39.99 per month for Premium services. Monthly Premium subscriptions may be cancel for the next month. Annual Premium subscription fees may be cancelled for the next year. Premium Subscriptions are non-refundable and will be charged upon sign-up. Please review the pricing terms or if you have any questions feel free to contact Cambio at email@example.com.
Cambio™ Premium Builder Subscription
When you register for a Cambio™ Builder or Premium membership, you agree to pay Cambio the monthly Subscription Fee immediately (“Builder 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 $6.79 a month for Builder service. If you choose to the Builder Subscription, it is nonrefundable and will not be prorated upon cancellation by you or Cambio.
Cambio™ Premium Managed Dispute Subscription
When you register for a Cambio™ Premium Managed Disputes subscription, you agree to pay Cambio the monthly Managed Disputes Subscription Fee (“Managed Disputes Subscription Fee”) 4 or more days in arrears. Your Managed Disputes Subscription Fee will be charged on your next monthly billing anniversary date. If the days between when you sign up for Premium Managed Disputes and Premium membership are less than 4 days, you will be charged on for Managed Disputes your next billing anniversary date. Subject to Cambio’s discretion to waive fees described in the section titled Discretion to Waive or Customize Fees below, the Managed Disputes Subscription Fee is $4.99 for Managed Disputes Subscription services. You may cancel your Managed Disputes Subscription, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is signed by you. Please note that in the event you decide to cancel your subscription with Cambio, you remain responsible for all services performed for you that were completed prior to cancellation as notated in your online account. Please review the pricing terms or if you have any questions feel free to contact Cambio at firstname.lastname@example.org.
Premium Managed Disputes Subscription Right of Cancellation
FOR PREMIUM SUBSCRIBTION MEMBERS, YOU, THE CUSTOMER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE NOTICE OF CANCELLATION FORM PROVIDED IN OUR TERMS FOR AN EXPLANATION OF THIS RIGHT
Premium Managed Disputes Subscription Notice of Cancellation
You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is signed by you.
To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice, or any other written notice to Cambio at 3023 N Clark St, #248, Chicago, IL 60657 and email@example.com before midnight of the third day after you enroll.
I hereby cancel this transaction.
PLEASE SEND ONE COPY OF THIS FORM TO CAMBIO, AND RETAIN ONE COPY FOR YOUR RECORDS.
USE AND RESTRICTIONS
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.
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. 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 at least 24 hours before the end of the current subscription period.
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
You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions or debit transactions on your Authorized Card 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 firstname.lastname@example.org.
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 Authorized Card. Cambio reserves the right to cease offering you Services if you revoke your electronic authorization.
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™ Credit Builder 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 Authorized 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™ Credit Builder
Cambio may offers qualified members who have a membership subscription the ability to access “Cambio™ Credit Builder,” a service that provides a credit building installment loan. Cambio™ Credit Builder is a service provided by Cambio and its credit union partner, Services Credit Union, privately incurred by American Share Insurance, to help you improve your credit score. “Cambio™ Credit Builder installment loans are issued by Services Credit Union, and subject to qualification being met. Cambio™ Credit Builder is available to Builder and Premium subscribed members. If you qualify, your loan will be held in a secure share account and will not be accessible unless the loan is closed.
To be eligible for Cambio™ Credit Builder, you must meet certain minimum qualifications, which are identified when you request a credit builder loan, and include but are not limited to, connected bank account is least 3 months old, account is used regularly, paychecks from an employer or the government are deposited to your connected account and account has a sufficient average end-of-day balance. When you request access to use Cambio™ Credit Builder installment loan, you give Cambio and Services Credit Union permission to review your Bank Account and CAMBIO™ CARD transactions to ensure you meet these minimum requirements and any other requirements Cambio and/or Services Credit Union may deem necessary to qualify for a loan.
When you use Cambio™ Credit Builder, you also give Cambio permission to initiate a withdrawal from your Bank Account or Cambio™ Card, as applicable, for the amount of the monthly principal and interest payment for your loan when we detect that you have received your next paycheck. Cambio may initiate the withdrawal via ACH or Authorized Card. If you have insufficient funds to repay Cambio, you agree that Cambio may, in its sole discretion, withdraw the amounts from your Credit Builder deposit account. If multiple payments are missed, Cambio may, in its sole discretion, close out the loan and allow access to the principal payments made on the loan. Terms related to your specific loan can be emailed to you upon request by sending an email to email@example.com.
When you open a Cambio™ Credit Builder you will open a deposit account with Services Credit Union. Please see the Services Credit Union Membership and Account Agreement for full terms and conditions. You will not receive any interest on the funds held on your Services Credit Union Account. In the event of any inconsistency between this Agreement and the Services Credit Union Membership and Account Agreement, the Services Credit Union Membership and Account Agreement shall govern your use of Cambio Credit Builder Deposit Account 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 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 Membership and Account Agreement.
We may add, change, suspend or eliminate any or all Cambio™ Credit Builder 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™ Credit Builder, in the event you violate the Services Credit Union Membership and Account Agreement or any agreement in force between you and us. If your Cambio™ membership is closed for any reason, any Cambio™ Credit Builder account will be canceled.
Repayment performance for the Cambio™ Credit Builder installment loan will be reported to the Credit Reporting Agencies by Services Credit Union. In regard to your installment loan, we will not engage in debt collection activities or make any adverse reports to credit reporting agencies regarding your loan. However, we reserve the right to deny you access to Cambio™ Credit Builder if you (i) do not meet the qualification requirements.
If you believe there is an error in your credit report about the Cambio™ Credit Builder Service, you may dispute the information by contacting us. We will then conduct an investigation and let you know what we determine.
To file a dispute, email us at firstname.lastname@example.org with the following information.
- Your name and, if applicable, account number or other identifying information
- The specific information you are disputing
- Your reasons for the dispute
- Any supporting documentation you wish to provide (for example, a copy of your credit report, account statements, or a police report of identity theft)
- Your email address other means for us to contact you with results of our investigation
Once we receive a notice of your dispute, we and our partners will conduct a reasonable investigation and make a determination of the status of the disputed information within 30 days, or, in some cases, 45 days. This investigation is free of charge to you. Once we conclude our investigation, we will let you know shortly after if we determined the information was accurate or inaccurate, or whether we need more information from you. If we determine that the disputed information is inaccurate, we will notify the relevant credit reporting agency and request that they delete or modify the information as appropriate.
When your Cambio™ Credit Builder is paid off or closed, you will receive your balance that you have paid via ACH to your Bank Account on file within 30 business days.
Cambio™ Credit Manager
Cambio may offers qualified members who have a qualifying membership subscription the ability to access Cambio™ Credit Manager, a service that assists you with matters related to your consumer credit file, including in the challenging of Disputed Items on your Credit Report that you identify as Inaccurate, Technically Accurate but Misleading, Incomplete, Outdated, or Unverifiable. Cambio™ Credit Manager is a service provided by Cambio and its partners to help you improve your credit score. Cambio™ Credit Manager is available to Premium subscribed members.
You agree to provide us with the information necessary to make a fair and reasonable interpretation of your credit history. You shall not make any representation to us which is untrue or misleading with respect to your credit worthiness, credit history, transactions, or basis for disputing any information reported on your Credit Report files. Credit Report” is a report containing detailed information on a person’s credit history, including identifying information, credit accounts and loans, bankruptcies and late payments, and recent inquiries.
Cambio will provide you with access via our Application, which you can access 24 hours a day, to your Credit Report and other information about your credit profile, including any Disputed Items. You will inform us of any Disputed Items on your Credit Report by making corresponding selections in the Application. If requested by Cambio, you will provide us Identity Verification Documents within three (3) calendar days of such request to assist with providing this service. On your behalf, we will create and send Dispute Letters to one or more Credit Bureaus based on the information provided to Cambio by you and information from your Credit Report. Credit Bureaus means, collectively or individually, Experian, Equifax, and TransUnion. We will, on your behalf, draft and Send Dispute Letters along with, if necessary, your Identity Verification Documents to one or more of the Credit Bureaus. Each Dispute Letter will be sent in your name and on your behalf.
We do not and cannot guarantee results within a specific time frame, or a particular credit report outcome or result, nor predict how long it will take to clear away Disputed Items, if at all. Despite our efforts, Credit Bureaus or Furnishers may not respond to initial or subsequent communications and ultimately Credit Bureaus may not remove items from your consumer credit files if Furnishers choose to and are able to verify the items.
You hereby grant Cambio and its agents the right to obtain your Credit Report. Cambio does not in any way authorize or encourage you to stop paying your creditors.
Definitions related to Cambio™ Credit Manager include:
Disputed Item includes any item which you identify as Inaccurate, Technically Accurate but Misleading, Incomplete, Outdated, or Unverifiable in the Application.
Dispute Letters are letters or electronic equivalents thereof developed and created by Cambio to be sent on behalf of you to one or more of the Credit Bureaus. Each letter will be in your own name and Sent on your behalf by Cambio or its agents.
Furnishers means one or more credit report information furnishers (for example, creditors, debt collectors, and banks).
Inaccurate is that information which you identify as incorrect, untrue, or erroneous.
Incomplete is that information which you identify as not complete. This can mean information that is missing dates, amounts, or character of the debt.
Identity Verification Documents includes a copy of your driver’s license, utility bill, W-2, tax returns, ID card, US passport, proof of your residence, or social security card.
Sent means the use of first-class U.S. Mail, Facsimile, Email, or other electronic transmittal to deliver Dispute Letters to one or more of the Credit Bureaus.
Outdated is that information which you identify as being obsolete and not subject to further inclusion in your credit report.
Technically Accurate but Misleading is that information which you identify as correct, but which contains questionable information about the date, amount, or character of the debt.
Unverifiable is that information whose source or origin is not verifiable by the creditor.
Cambio™ Identity Theft Insurance
Cambio may offers members access to Cambio™ Identity Theft Insurance , a service that monitors members identity and helps restore members identity when your identity is compromised. This service is provided additional benefits like up to $1,000,000 million in identity theft reimbursement, lost wallet assistance, and identity restoration services. Cambio™ Identity Theft Insurance is available to Premium subscribed members.
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, Sweepstakes, and Referrals
We may, at our sole discretion, make available promotions or sweepstakes with different features to any users or prospective users of our Application or Services. These promotions or sweepstakes, unless made available 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. Sweepstakes are subject to individual sweepstakes terms which can be found at www.cambiomoney.com/legal/. Any incentives to be provided under the member referral program (“MBR”) are subject to the MBR Agreement which can be found at www.cambiomoney.com/legal/.
- using the Application, Website, Content and/or Services:
- for any unlawful purpose;
- to solicit the performance of any illegal activity or other activity which infringes the rights of Cambio or others;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- 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;
- 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
- 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,
- 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;
- interfering with or circumventing the security features of the Application, Website, Content, Services or any related website, other websites, or the Internet; and
- 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.
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
The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Website or Services are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e., Experian, Equifax and TransUnion).
To obtain the free reports, you can:
- Call 1-877-322-8228;
• Order online at www.annualcreditreport.com; or
• Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
• You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
• You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
• You certify in writing that you are a recipient of public welfare assistance.
• You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.
Any Credit Report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
ELECTRONIC SIGNATURES AND ELECTRONIC COMMUNICATIONS
Subject to applicable law, you consent and agree:
• That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;
• Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet, the Application, or the Website, within 24 hours after the time that it is posted;
• To print and save and/or electronically store a copy of all Electronic Communications that we send to you;
• To notify us of any change in your email address or your mobile device number or other text message address by updating your contact information in the Application;
• That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.
You may withdraw your consent to receive Electronic Communications by emailing email@example.com. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use the Services, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.
Definitions related to Electronic Communications include:
Communications means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
Electronic Media means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
Electronic Signature means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.
Electronic Communications means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature
Messaging services (including SMS and/or any other form of text messaging):
Messaging services (including SMS and/or any other form of text messaging) maybe sent by Cambio from a toll-free phone number to your mobile phone number on files. Message and data rates may apply. You may receive up to 10 messages in a month from Cambio. You may opt out by Texting STOP to cancel.
WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
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.
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.
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.
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.
Last updated: January 9, 2023