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Terms of Service

  
  1. ACCEPTANCE OF TERMS  
  OurCashFlow.com provides its service to you, subject to the following Terms of Service ("TOS" or "Agreement"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://ourcashflow.com/. In addition, when using OurCashFlow.com services, you and OurCashFlow.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. By connecting to and using this Site, you agree to be bound by all of the terms and conditions set forth herein.  
  2. DESCRIPTION OF SERVICE  
  OurCashFlow.com offers a personal financial management technology-based service designed to make it easier for a customer to understand their complete financial health by: (1) Discovering, establishing, and maintaining financial information across customer financial accounts and assets; (2) Categorizing financial activity using intelligence obtained from you; (3) Facilitating a customer's ability to better understand and track his or her financial status and goals through the compilation of established on-line customer accounts; (4) Providing alerts and recommendations to help customers reach financial goals; and (5) Employing safeguards designed to keep information secure and private, while accessible from one location.  
  3. LICENSE GRANT  
  "You" or "Your" means the person or company who is being licensed to use the Service or Documentation.  
  "Service" means any services and products offered by OurCashFlow.com, the Site, all content of the Site, all Software, in whole or in part (including but not limited to the OurCashFlow.com executables, libraries, examples, interface definitions, associated media and printed materials) which create, enable, relate to, and or facilitate the Service (or functionality thereof), and any online (PDF, Macromedia, or HTML) or other related documentation.  
  We hereby grant you, a single user, a non-transferable, nonexclusive, restricted license to use (only in delivered code form) the Service through one (1) account to manage your personal finances as described herein.  
  You may, subject to the terms and conditions of the TOS, allow your immediate family and accountants or financial advisors to review your records, data, compilation, reports, generated with the use of this Service, provided that any such authorized users agree to and abide by the terms and conditions of this agreement.  
  4. TITLE  
  The Service is licensed to you pursuant to this Agreement, not sold. OurCashFlow.com remains the owner of all right, title and interest in the Service. Any copy, modification, revision enhancement, adaptation, translation, or derivative work of or created from the Service made by or at your direction shall be owned solely and exclusively by OurCashFlow.com, as shall all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide (all the foregoing rights taken together being referred to collectively herein as "Intellectual Property Rights") therein and thereto.  
  To the extent that third parties (i.e., advertisers or otherwise) provide content or software displayed by or accessed through the OurCashFlow.com Service, such third party right, title and interest belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to such content.  
  5. PROMOTIONAL COPIES  
  Notwithstanding other sections of this License, Service labeled or otherwise provided to you on a promotional or trial basis may only be used for demonstration, testing, and evaluation purposes and may not be resold or transferred. You acknowledge and agree that the promotional trials may have limited functionality or limited timeframe. Your restricted use of any such promotional copies is limited to the trial period set forth by OurCashFlow.com, in its sole discretion. You agree that your right to use the Service shall terminate at the end of such trial period, or earlier if deemed necessary at OurCashFlow.com's sole discretion.  
  6. THINGS YOU MAY NOT DO  
  The Service is protected by United States copyright laws and international treaties. You must treat the Service like any other copyrighted material (for example, a book). You may not:  
 
  • Copy the Service or the written materials accompanying the Service;
  • Modify or adapt the Service or merge it into another program;
  • Cause the Service in any way to be reverse engineered, disassembled, decompiled, decrypted, extracted, translated, nor shall any attempt to do so be undertaken or permitted, including any attempts to discover the source code of the Service, related algorithms, protocols, interfaces, logic or program code of the Service or any derivative work thereof;
  • Bypass or make any attempt to bypass the copy protection, unlock mechanism, serial number scheme, etc., of the Service;
  • Publish any part of your account access information, including your password of the Service;
  • Allow any access to or use of the Service by anyone other than your immediate family and authorized Accountant or financial advisor as listed in paragraph 3 above, and others as described in paragraph 16, below;
  • Use the Service on a perpetual or continuous basis without the use of a legally obtained account and password;
  • Place the Service onto a server so that it is accessible via a public network such as the Internet, or;
  • Sublicense, rent, lease, loan, sell, transfer, assign, distribute, or otherwise make available to any other unauthorized person or entity, the Service, in whole or in part;
  • Create, or attempt to create, any derivative works based on the Service, in whole or in part;
  • Violate any obligation or provision of this agreement.
  
  7. YOUR ACCOUNT OBLIGATIONS - INCLUDING CERTAIN LEGAL REPRESENTATIONS, AUTHORIZATIONS, AND DESIGNATIONS  
  In consideration of your use of the Service, you represent, agree, and warrant that you:  
 
  • Are of legal age to form a binding contract;
  • Are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction;
  • Have not relied on any promises or representations not expressly made in this Agreement;
  • Possess the full right, power and authority to enter into this Agreement and to carry out its obligations under this Agreement;
  • Know of no impediments that would prevent OurCashFlow.com from complying with all the terms of this Agreement; and
  • You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscriber form (such information being the "Subscriber Data"); (b) maintain and promptly update the Subscriber Data to keep it true, accurate, current and complete; (c) grant us permission to access your credit report, financial, and investment accounts (and all information contained therein, including but not limited to the transaction and balance information), for any purpose relating to or authorized pursuant to this TOS, or otherwise described herein; use this Service only for lawful purposes.
  
  You expressly agree that by using the Service and or by agreeing to the terms herein, that you authorize OurCashFlow.com and its agents to access third party sites designated by you on your behalf, retrieve information requested by you, and appoint OurCashFlow.com and its agents as your lawful attorney-in-fact and agent for this limited purpose, with full power and authority to do and perform each and every act necessary in connection with such activities. Each time you enter your account login information, you are permitting OurCashFlow.com and its agents to process your request and use information submitted by you to accomplish the foregoing.  
  YOU ACKNOWLEDGE AND AGREE THAT WHEN OURCASHFLOW OR ITS AGENTS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, OURCASHFLOW AND ITS AGENTS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that the third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that this Service is not endorsed or sponsored by any third party account providers accessible through such Service.  
  Nothing in this section, including the existence of this section, shall limit any of your obligations as otherwise described within the TOS. If you provide any information that is untrue, inaccurate, not current or incomplete, or OurCashFlow.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OurCashFlow.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  
  8. OURCASHFLOW PRIVACY POLICY  
  Subscriber Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at https://ourcashflow.com/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.  
  9. MEMBER ACCOUNT, PASSWORD AND SECURITY  
  You will create a password and account designation upon completing the Subscriber setup process. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OurCashFlow.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, or that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree and acknowledge that you may not use anyone else's password at any time.  
  10. INDEMNITY  
  You agree to indemnify and hold OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any losses, damages, claim or demand, including reasonable attorneys' fees or expenses incurred, made by any third party due to or arising out of your use of and or connection to the Service, your violation of the TOS, and or your violation of any rights of another relating to the Service.  
  11. GENERAL PRACTICES REGARDING USE AND STORAGE  
  You acknowledge that OurCashFlow.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that subscriber data will be retained. You agree that OurCashFlow.com its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, have no responsibility or liability for the deletion or failure to store any subscriber data maintained or transmitted by the Service. You acknowledge that OurCashFlow.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that OurCashFlow.com reserves the right to modify these general practices and limits from time to time.  
  12. MODIFICATIONS TO SERVICE  
  OurCashFlow.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  
  13. TERM and TERMINATION  
  This Agreement will be deemed to have commenced upon the date Licensee accepts the terms and conditions of the TOS by clicking the "I Accept" button or otherwise accessing the Service, and remains effective until terminated. You may terminate it at any time by notifying OurCashFlow.com by e-mail and destroying all copies of the Service and Documentation in your possession. You agree on termination of this license to cease any and all use of the Service and further to destroy all copies of the Service and Documentation in your possession. You agree that your obligations under the TOS (including but not limited to the requirement to maintain the confidentiality and security of OurCashFlow.com) remain with you even after termination of the TOS.  
  You agree that OurCashFlow.com may, under certain circumstances and without prior notice, immediately terminate your access service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.  
  Termination of your service includes, but is not necessarily limited to: (a) removal of access to the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in OurCashFlow.com's sole discretion and that OurCashFlow.com shall not be liable to you or any third-party for termination of your account or access to the Service. In no event shall any previously paid term be refunded to you (in whole or in part) if you cancel the Service or if OurCashFlow.com cancels your Service for cause.  
  14. DEALINGS WITH ADVERTISERS  
  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.  
  15. LINKS  
  The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. you acknowledge and agree that OurCashFlow.com has no control over such sites and resources, and OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, are not responsible for the availability of such external sites or resources, and does not endorse and nor are they responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OurCashFlow.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.  
  16. CONFIDENTIALITY and PROPRIETARY RIGHTS  
  You acknowledge and agree that the Service contains trade secrets, proprietary know how and confidential information that are valuable and belong to OurCashFlow.com and are being made available to you in strict confidence, protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  
  Content received through the Service may be displayed and printed for your personal, non-commercial use only, as described herein. You may display and print Service compilations, spreadsheets, graphs, or materials which are generated from your own personal account information, for your own personal use. You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this Site, regarding your personal information, for a noncommercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this Site, original source attribution, and the phrase "Used with permission from OurCashFlow.com." You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of OurCashFlow.com. You agree that neither you, your agents, nor your employees shall in any manner use, disclose or otherwise communicate any information with respect to the Service, or related documents which might enable use or copying of all or any portion of the Service. You agree to take all necessary action to protect the confidential and proprietary information included in the Service and related documents.  
  Except as expressly allowed in this Agreement or authorized in writing by OurCashFlow.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, or related documents, in whole or in part.  
  Neither party shall have any obligation with respect to Confidential or Proprietary Information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by a receiving party from a third party; or (iii) is independently developed by the receiving party; (iv) is required to be disclosed by a final order of a court of competent jurisdiction; or (vi) is otherwise required to be disclosed by applicable law following reasonable notice to the disclosing party.  
  If you are legally compelled to disclose any of OurCashFlow.com's Confidential or Proprietary information, then, prior to such disclosure, you will (i) promptly notify OurCashFlow.com in writing of the compulsion; (ii) assert the privileged and confidential nature of the Trade Secrets and (iii) cooperate fully with the OurCashFlow.com in protecting against any such disclosure and or obtaining a protective order narrowing the scope of such disclosure and/or use of the Trade Secrets.  
  ANY USE OR DISCLOSURE OF CONFIDENTIAL OR PROPRIETY INFORMATION RELATING TO THE SERVICE, SOFTWARE, RELATED DOCUMENTS, OR OF THE RELATED ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OURCASHFLOW'S TRADE SECRET RIGHTS.  
  17. DISCLAIMER OF WARRANTIES  
  THIS SITE INCLUDES FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. OURCASHFLOW DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF, OR OTHERWISE ENDORSE, THESE VIEWS, OPINIONS OR RECOMMENDATIONS.  
  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OURCASHFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) OURCASHFLOW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OURCASHFLOW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.  
  18. LIMITATION OF LIABILITY  
  YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER OURCASHFLOW NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND OR EMPLOYEES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY DAMAGES OR SIMILAR DAMAGES), EVEN IF OURCASHFLOW OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) IN WHOLE OR PART BY OURCASHFLOW OR ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND OR EMPLOYEES' NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS SITE AND ANY CONTENT THROUGH THIS SITE; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICE, THE TOS, OR THE SUBJECT MATTER RELATING THERETO.  
  19. EXCLUSIONS AND LIMITATIONS  
  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.  
  20. FORCE MAJEURE  
  OurCashFlow.com shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond OurCashFlow.com's control including, but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions epidemics, quarantine restrictions, strikes, delivery services, telecommunication providers, labor difficulties, lockouts, embargoes, severe weather conditions, delay in transportation, or delay of suppliers or subcontractors.  
  21. NO THIRD PARTY BENEFICIARIES  
  You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.  
  22. TRADEMARK INFORMATION  
  All OurCashFlow.com logos, product and service names are trademarks of OurCashFlow.com. "OurCashFlow" "OurCashFlow.com" "BudgetTracker" "GoalTracker" and "SpendAlert" are also designated trademarks of OurCashFlow.com. Without OurCashFlow.com's prior written permission, you agree not to display or use in any manner, the OurCashFlow.com Marks.  
  23. GENERAL INFORMATION  
  Entire Agreement.   The TOS constitutes the entire agreement between you and OurCashFlow.com and governs your use of the Service, superseding any prior agreements, communication, advertising, proposals, and or representations between you and OurCashFlow.com with respect to the Service.  
  Modifications.   All additions or modifications to this Agreement must be made in writing and must be signed by both parties to be effective.  
  Attorney Fees.   If any legal action arises relating to this Agreement, the prevailing party shall be entitled to recover all court costs, expenses and reasonable attorney fees from the non-prevailing party.  
  Injunctive relief.   You recognize and acknowledge that any breach or threatened breach of this Agreement by you may cause OurCashFlow.com irreparable harm for which monetary damages may be inadequate. You agree, therefore, that OurCashFlow.com shall be entitled to an injunction to restrain you from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing OurCashFlow.com from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.  
  Choice of Law and Forum.   The TOS and the relationship between you and OurCashFlow.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and OurCashFlow.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Douglas, Colorado (or other Colorado County at OurCashFlow.com's selection) in any action arising out of or relating to this Agreement.  
  Waiver.   The failure of OurCashFlow.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.  
  Savings Clause.   In case any one or more of the provisions of this Agreement shall be found to be invalid, illegal or unenforceable in any respect, such provision shall be amended, construed and applied so that such provision is valid and enforceable to reflect, as closely as possible, the original intent of such provision; and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.  
  No Agency.   This Agreement does not create any agency or partnership relationship between the parties.  
  No Right of Survivorship and Non-Transferability.   You agree that your OurCashFlow.com account is non-transferable and any rights to your OurCashFlow.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.  
  Export Law Assurances.   You agree that the Service will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.  
  Government End Users.   The OurCashFlow.com Service and related documentation are "Commercial Items", as that term is defined at 48 C.R.R. S 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. S 12.212 or 48 C.F.R. S 227.7202, as applicable. Consistent with 48 C.F.R. S 12.212 or 48 C.F.R. S 227.7202-1 through S 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.  
  Statute of Limitations.   You agree that regardless of any statute or law to the contrary, you shall bring any action against OurCashFlow.com arising out of or related to this Agreement or the subject matter hereof more than one (1) year after the occurrence of the event which gave rise to such action.  
  Titles.   The section titles in the TOS are for convenience only and have no legal or contractual effect.  
  Payment Terms.   Your use of the Service is conditioned upon payment in full of the initial license fees and on-going services fees charged by OurCashFlow.com, except when the Service is expressly provided to you (as stated in writing) on a promotional or trial basis for the purposes of demonstration, testing, and or evaluation purposes. Such fees may include any application, account activation, account re-activation, or registration fees and all monthly fees and service charges applicable to such account. You understand and agree that all fees and charges are subject to change at the end of any pre-agreed/pre-paid term.  
  Notices.   All notices which concern this Agreement shall be given in writing, to the parties herein as follows: Delivery of notice from you to OurCashFlow.com shall be considered effective by sending an e-mail with "Notice" entered into the subject line, sent to the service@ourcashflow.com; and delivery of notice from OurCashFlow to you shall be considered effective by transmission at your e-mail address as contained in OurCashFlow.com's records. Any party to this Agreement may change its address for notice purposes, by providing written notice of the change of address to each of the other parties.  
  24. VIOLATIONS  
  Please report any violations of the TOS to our Customer Service Center.  
  If you have any questions concerning this agreement, or if you wish to contact OurCashFlow.com for any reason, please contact: OurCashFlow, LLC, 1836 Blake Street, Ste 101, Denver CO 80202, USA. Telephone: (888) 331-5636. E-mail: service@ourcashflow.com  
 
 
 
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