Allowance Manager® Terms of Use

These Terms of Use govern your use of Allowance Manager software, including AllowanceManager.com and the Allowance Manager mobile app, collectively the (“AM SW”).

Allowance Manager Premium subscribers (including AllowanceCard®) will find additional information in the AllowanceCard Agreement available at:
https://allowancemanager.com/allowancecard-agreement

Agreement to Terms

By using the AM SW, you agree to these Terms of Use. Each time you use the AM SW, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the AM SW.

Allowance Manager, LLC (Allowance Manager) may change these Terms of Use at any time and at its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the AM SW. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the AM SW.

Accounts

You are required to create an account to use certain features of the AM SW. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including unauthorized use of another person’s username, password, or other account information. You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by email at security@allowancemanager.com. You agree to indemnify and hold harmless Allowance Manager for losses incurred by Allowance Manager or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Trademarks and Copyrights

All trademarks, logos, and service marks displayed in the AM SW are registered and unregistered Trademarks of Allowance Manager and/or third parties (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Allowance Manager’s trademarks on any other websites and/or mobile apps is strictly prohibited. All of the materials contained in the AM SW are copyrighted except where explicitly noted otherwise.

Hyperlinks

The AM SW contains hyperlinks to third-party websites and/or mobile apps. Allowance Manager does not control these third-party websites and/or mobile apps. You acknowledge and agree that Allowance Manager is not responsible or liable for any Content or other materials on these third party websites and/or mobile apps.

Governing Law and Severability

These Terms of Use shall be governed by and construed in accordance with the laws of California. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the AM SW resides in the courts located in California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Warranties

The AM SW and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLOWANCE MANAGER, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE “ALLOWANCE MANAGER ENTITIES”), AND EACH OF THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Allowance Manager Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the AM SW will be reliable, accurate, complete, or updated on a timely basis; (b) the AM SW will be free human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the AM SW will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post to the AM SW will remain in the AM SW; or (e) the functions or services performed in the AM SW will be uninterrupted or error-free or that defects in the AM SW will be corrected.

Limitation of Liability

THE ALLOWANCE MANAGER ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE AM SW IS TO DISCONTINUE YOUR USE OF THE AM SW. THE ALLOWANCE MANAGER ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE AM SW OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE AM SW. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE ALLOWANCE MANAGER ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, THE ALLOWANCE MANAGER ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold the Allowance Manager Entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

Termination

Allowance Manager has the right to terminate your account and access to the AM SW for any reason, including, without limitation, if Allowance Manager, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Allowance Manager may, but shall be under no obligation to, provide you a warning prior to termination of your use of the AM SW.