PLEASE READ AND CONSIDER THIS AGREEMENT CAREFULLY, AND THE SPECIFIC SUPPLEMENTS APPLICABLE TO YOU (BELOW) AND CONTACT DITCH WITH ANY QUESTIONS THAT YOU HAVE BEFORE INDICATING THAT YOU AGREE. CLICKING THAT YOU AGREE HAS THE SAME LEGAL EFFECT AS SIGNING A PAPER VERSION OF THIS PROGRAM AGREEMENT.
YOU AGREE THAT THE DITCH PARTIES MAY AMEND THIS AGREEMENT AND ANY SUPPLEMENT FROM TIME TO TIME ON ELECTRONIC NOTICE TO YOU OR BY POSTING THE AMENDMENT ON THE DITCH WEBSITE AND THROUGH THE APPLICATION. YOU AGREE TO CHECK THE DITCH WEBSITE AND/OR THE APPLICATION FOR AMENDED VERSIONS OF THIS PROGRAM AGREEMENT AND SUPPLEMENTS. YOU AGREE THAT YOUR CONTINUED USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO KEEPING YOUR DITCH ACCOUNT(S), OR USING ANY SERVICE PROVIDED IN THE PROGRAM WITHOUT OBJECTING AFTER DITCH POSTS AN AMENDMENT ON THE DITCH WEBSITE AND/OR THE APPLICATION, INDICATES YOUR ACCEPTANCE OF THIS PROGRAM AGREEMENT AND ANY AMENDMENTS HERETO.
FURTHER, BY CLICKING THAT YOU AGREE TO THIS PROGRAM AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND HAD AN OPPORTUNITY TO REVIEW ALL SECTIONS OF THIS AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THIS AGREEMENT.
IF YOU ENROLL IN OR USE A DITCH PRODUCT OR SERVICE, YOU WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS PROGRAM AGREEMENT AND EACH APPLICABLE SUPPLEMENT, AS OF THE TIME THAT YOU USE OR ENROLL IN THE APPLICABLE PRODUCT OR SERVICE.
These Terms of Service (the or these "Terms") constitute a binding contract between Ditch Technologies Inc. (”Ditch”, "Company," "we," or "us") and you, the person accessing our website, mobile app or any other related product of Ditch, including the Ditch mobile app, the Ditch website, and any other existing and future products, downloading our mobile application, or registering for, or using, our services. ( "User", "you," or "your").
These Terms take effect when you click to accept them or by accessing or using the Services. (the "Effective Date").
By clicking to accept these Terms or by using the Services (defined below), you (a) acknowledge that you have read and understand these Terms; (b) represent and warrant that you are over the age of 18; (c) represent and warrant that you have the right, power, and authority to enter into the Terms; (d) are not a person barred from receiving the services contemplated herein under the laws of the United States or other applicable jurisdiction; and (e) accept these Terms and agree that you are legally bound by them.
If you do not agree to these Terms, you may not access or use the Services.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 15, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST DITCH ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST DITCH IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Service. The “Service” includes Ditch’s website located at https://www.ditch.io (“Site”), and Ditch’s related mobile applications (the “Apps”) as each may be updated, relocated, or otherwise modified from time to time, all content and services Ditch makes available through the Site or Apps, and all intellectual property contained therein. The Service is a personal finance information management tool that allows you to track and organize your finances, specifically your debt by aggregating information from different sources. We also allow you to enable “payoffs” to make automatic payments to liabilities where available. (“Account Data”) from financial institutions and other third-party data sources you select and with whom you have a contractual relationship (“Third-Party Data Sources”). Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “User.”
B. Service Restrictions. Your Ditch account is personal to you. You may not use the Service for commercial purposes. To use the Service, you must have access to the Internet.
C. License. Subject to your compliance with these Terms, Ditch hereby grants you a limited, revocable, non-exclusive, non-transferable license to download the Apps and access and use the Service, solely for your personal use and not for resale.
D. Authorization. By accessing and using the Service, you authorize and direct Ditch, as your agent and on your behalf, to electronically retrieve your Account Data from Third-Party Data Sources. Subject to our Privacy Policy, Ditch may work with one or more third-party financial service technology providers to access and retrieve your Account Data. FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT DATA TO YOU AS PART OF THE SERVICE, YOU GRANT DITCH A LIMITED POWER OF ATTORNEY, AND APPOINT DITCH AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ALL CAPACITIES, TO ACCESS SITES, SERVERS, OR DOCUMENTS RELATED TO OR MAINTAINED BY THE THIRD-PARTY DATA SOURCES, RETRIEVE INFORMATION, AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO PERFORM EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS YOU COULD DO IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT WHEN DITCH IS ACCESSING AND RETRIEVING ACCOUNT DATA FROM THIRD-PARTY DATA SOURCES, DITCH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD-PARTY DATA SOURCES WILL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY, AND POWER OF ATTORNEY GRANTED BY YOU. You understand that the Service is not endorsed or sponsored by any Third-Party Data Sources accessible through the Service.
E. Deactivation. Ditch may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or (2)terminate or modify the Service (or any portion thereof). Ditch will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only right is to terminate your use of the Service.
F. Privacy Policy. Ditch policy with respect to the collection and use of your personally identifiable information is described in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with Ditch’s Privacy Policy.
A. Payoffs Overview. The Payoffs feature is a functionality within the Ditch app that allows Users to automate debt payments using a linked checking account (Source Account) to make payments towards linked debt accounts (Destination Account). Ditch utilizes third-party service providers (Third-Party Service Providers) to facilitate account linking and payment processing.
B. Functionality. By activating Payoffs, you authorize Ditch to monitor transactions for your linked accounts through its Third-Party Service Providers. Based on these transactions, Payoffs can be generated in three ways, which are subject to change at any time: Roundups: Users can choose to round up each transaction amount to the nearest dollar and contribute the difference (round-up amount) as a payoff. Users can also elect to multiply the round-up amount by a chosen factor. Percentages: Users can choose to contribute a specific percentage of each transaction within a defined range as a payoff. Other: The Services evolve and can result in new and better ways to create payoffs; users are responsible for making sure they understand what payoff method they are choosing.
C. User Responsibility. Users are solely responsible for: (1) Selecting the Source Account (2) Selecting the Destination Accounts (3) Setting a Safe Balance for their Source Account. Payoffs may be skipped if the available balance falls below the Safe Balance. (4) Monitoring account balances to ensure sufficient funds are available for payoffs and related fees. Ditch cannot guarantee the accuracy or timeliness of account balance information. User acknowledges that balances on either the destination or the source account might be outdated, which could in turn result in overdraft fees on the source account or overpayments on the destination accounts. It is solely the responsibility of the user to review balances on either side before the payment is created. (5) Turning off Payoffs if they no longer wish to use the feature. However, any payouts already initiated before deactivation may still be processed.
D. Third-Party Providers. Ditch utilizes a third-party service provider, to facilitate account linking and payment processing. Users acknowledge and agree that Ditch is not responsible for the actions or omissions of these third-party providers.
E. Fees. Up to an 8% fee (subject to change at any time) will be applied to each payoff amount to cover processing costs. This fee will be deducted from the payoff amount before it is sent to the Destination Account.
F. Payment Processing and Variable Frequency. When the minimum payout threshold is met, we will initiate an ACH debit from the Source Account to the Destination Account through the Third-Party Service Provider. The frequency of these payments will vary depending on the user's chosen payoff method and the amount of accumulated funds. Payments may occur daily and will always be within the range of $25 to $100. Users acknowledge and agree to the variable payment frequency associated with the Payoffs feature.
G. Preauthorization and Notification. By turning on Payoffs, you authorize Ditch and its Third Party Providers, for the entire period you utilize the feature, to process recurring ACH debits from your Source Account in the amount accumulated through your chosen payoff method.
H. Notification and Control of Upcoming Payments. Due to the variable nature of payoff accumulations, providing a fixed pre-notification for every payment might not be practical. To ensure you have control over your payments, Ditch may provide you with a dashboard within the app to view upcoming payments, including estimated amounts and scheduled dates (subject to processing times). We may also send a notice 24 hours before each payoff is initiated. This notification will inform you of the exact amount and destination of the upcoming payment.
I. Cancellation. You may have the flexibility to act before any payment is processed. Within the 24-hour window following the push notification, you may be able to cancel the upcoming payment directly through the app.
J. Transfer Times. Ditch and its Third-Party Service Providers strive for efficient processing of payout transactions. However, certain factors beyond our control can occasionally cause delays. These may include: (1) The time it takes for your bank or the destination account's financial institution to process the ACH debit and credit. (2) In rare instances, our Third-Party Service Provider may need to conduct additional reviews to ensure the security and compliance of the transaction, which could cause a delay. You understand that Ditch cannot guarantee specific processing times for payoff transactions. We recommend maintaining a sufficient balance in your Source Account to avoid potential overdraft fees due to unexpected delays.
K. Disclaimer. Ditch and its Third-Party Providers make no guarantees regarding the success or timeliness of payoff processing. Users are responsible for any consequences resulting from insufficient funds, processing delays, or errors by third-party providers.
A. Ditch Users. To become a Ditch User, you must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form, which may change from time to time.
B. Accuracy of Information. You acknowledge that if you provide any information to us that is untrue, inaccurate, not current, or incomplete, Ditch may terminate these Terms and your continued access and use of the Service.
C. Eligibility. You represent and warrant that you are at least 18 years of age and that you have not been previously suspended or removed from the Service. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY DITCH. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
D. Credentials. As part of the registration process, you may be asked to select a username and/or password or other login credentials including your phone number. You are entirely responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Ditch immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at help@ditch.io. You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You are responsible for keeping your login credentials confidential and for notifying us if your login credentials have been hacked or stolen. Ditch will not be liable for any loss that you may incur as a result of someone else using your login credentials or account, either with or without your knowledge. You may be held liable for any losses incurred by Ditch or another party due to someone else using your account or login credentials.
E. Your account, subscriptions, and memberships cannot be transferred or assigned. We reserve the right to accept, refuse, or cancel your account, subscription, or membership at any time in our sole discretion.
F. Your Responsibilities. You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you may not (and you may not allow or assist any third party to):
(1) use, copy, install, transfer, or distribute the Service, except as specifically described in these Terms;
(2) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
(3) remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
(4) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
(5) reformat, mirror, or frame any portion of the web pages that are part of the Service;
(6) express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
(7) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(8) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(9) harvest or collect information about other Ditch Users without their prior written consent;
(10) undertake, cause, permit, or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, or attempt to do any of the foregoing, except and solely to the extent described in these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Ditch;
(11) access, tamper with, or use non-public areas of the Service, Ditch’s (and its service providers’) computer systems and infrastructure, or the technical delivery systems of Ditch’s service providers;
(12) harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Ditch employees, and other Ditch Users;
(13) solicit, or attempt to solicit, personal information from other Ditch Users, except as permitted through the Service’s functionality;
(14) restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Ditch Users;
(15) gain unauthorized access to the Service, to other Ditch Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
(16) violate any applicable federal, state, or local laws, regulations, or these Terms;
(17) use the Service for any illegal, inappropriate, and/or unauthorized conduct, including using the Service to contact other Ditch Users for sexual or other inappropriate purposes, or using the Service in violation of Ditch’s or any third party’s intellectual property or other proprietary or legal rights; or
(18) use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
A. Fees. Access to the Service, or certain features of the Service, may require you to pay fees on a subscription basis, and may provide you the option to activate recurring automatic payments for those fees. 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 purchase a recurring subscription, you authorize Ditch or its third-party service providers to periodically charge you for an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) (each a “Subscription Period”) until cancelled. You will be charged your first subscription fee and any applicable taxes (“Subscription Fee”) on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours before the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Subscription Fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law.
If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Service or cancel your subscription. You will be responsible for paying all past due amounts. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit the settings area of your account or app store to update your billing information.
By using our Service, you agree to the pricing, payment, and billing policies in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
B. Authorization to Charge for the Service. You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card, payment via an app store, or other payment method accepted by us to activate and maintain a paid account). You authorize us to charge you through the payment method that you use when you register for access to the Service. You are also responsible for charges for any additional features or purchases made through your account that are offered for sale through our Service. All fees are in U.S. Dollars and are non-refundable. Ditch (or its third-party service providers) may change the fees for the Service or any feature of the Service.
If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument.
C. Apple Subscription Management. If you purchased your subscription through the Apple App Store, your subscription is managed by the Apple App Store directly. Ditch 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 the Account Settings screen in the App Store app on your Apple device after purchase. You should consult with the Apple App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges.
D. Google Play Subscription Management. If you purchased your subscription through the Google Play Store, your subscription is managed by the Google Play Store directly. Ditch 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 the Account Settings screen in the Google Play app on your device after purchase. You should consult with the Google Play Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges.
E. Cancellation. When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. In order to avoid future charges, you must cancel your subscription at least 24 hours before the end of your current Subscription Period. If you purchased through Ditch directly, you may cancel within your account settings. Alternatively, if you email us at help@ditch.io at least 24 hours before the end of your current Subscription Period, we will do our best to implement the cancellation prior to your next renewal; if we cannot, we can offer you a refund for that inadvertent renewal. If you purchased through a third party(e.g., app store, play store), you must cancel through that third party. Purchases through third parties are subject to that third party’s cancellation policies and procedures.
After canceling a subscription, you may or may not continue to have access to the Service for the remainder of your current Subscription Period for which you have already paid, depending on the reason for cancellation.
F. Termination. We may terminate your subscription, membership or access at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use if your membership was based on a Paid Subscription, provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Service violates these Terms, any applicable law, or has harmed Ditch or another user or entity. Upon termination or cancellation of your subscription, you may lose access to the products, content, features, and work-product provided to you or created by you in relation to the Service.
G. Changes to the Subscription or Service. We may change the subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. If you do not cancel your subscription prior to the time the modifications become effective, you agree to the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
A. Term. The term of these Terms will commence on the date on which you first access or utilize the Service in any way and will continue so long as you continue to access or utilize the Service, unless earlier terminated by Ditch.
B. Termination and Other Remedies. Ditch may take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including termination of these Terms, the suspension or termination of your access and/or account, or blocking you from access to the Service.
C. Effect of Termination. The following Sections of these Terms will survive termination or expiration of these Terms: 1.A, 1.B, 1.D, 1.E, 1.F, 2, 4, 5, 6.C, and 7–27. Payments by you, which accrue or are due before termination or expiration of these Terms, will continue to be payable by you, and amounts owed to Ditch at the time of such termination or expiration, will continue to be owed by you after such expiration or termination.
A. Proprietary Information. You acknowledge and agree that: (1) the Service, including any content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein(collectively, “Proprietary Information”), is owned by Ditch and its licensors, as applicable; (2) the Proprietary Information contains valuable copyrighted and proprietary material of Ditch; (3) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (4) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
A. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO, AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD-PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, DITCH DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF DITCH, ITS AFFILIATES OR SERVICE PROVIDERS, DITCH’S CONTENT PROVIDERS, AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, AND/OR CONTRACTORS (COLLECTIVELY, THE “DITCH PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. DITCH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK. NEITHER DITCH NOR ITS LICENSORS WILL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER DITCH NOR ITS LICENSORS WARRANT THAT THE SERVICE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
B. Third-Party Information. NEITHER DITCH NOR ANY ENTITY WHOSE INFORMATION IS MADE AVAILABLE THROUGH THE SERVICE IS RESPONSIBLE FOR THE ACCURACY OF INFORMATION, DATA, OR CONTENT, INCLUDING, BUT NOT LIMITED TO INTEREST EXPENSE CALCULATIONS, AMORTIZATION SCHEDULES, PAYOFF TIMELINES, EDUCATIONAL COURSE INFORMATION, GENERATED INSIGHTS, GENERATED INFORMATION, OTHER INFORMATION, AND INFORMATION DERIVED FROM ANY SUCH INFORMATION (“THE DATA”) THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICE. Ditch does not guarantee or make any warranty of any kind, express, or implied, regarding the timeliness, sequence, accuracy, completeness, usefulness, reliability, or content of The Data. You agree to use The Data and the Service at your own risk. You agree that neither Ditch nor any entity whose information is made available through the Service will be held liable for any loss arising out of relating to: (i) any inaccuracy, defect, or omission in The Data, (ii) any error or delay in the transmission of The Data, or (iii) interruption in any The Data service. You also acknowledge that any information you obtain from another Ditch User comes from those individuals, and not from Ditch, and that Ditch, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Ditch disclaims any such statements, claims, or representations and the same do not expand or otherwise modify these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop accessing and using the Service.
C. Account Data. DITCH IS NOT RESPONSIBLE FOR THE ACCURACY OF THE ACCOUNT DATA OBTAINED FROM THIRD-PARTY DATA SOURCES THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICE. DITCH DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO RETRIEVE YOUR ACCOUNT DATA FROM ANY THIRD-PARTY DATA SOURCE. If you believe any Account Data is inaccurate or outdated, you should contact the applicable Third-Party Data Source. By using the Service, you acknowledge that the results you could obtain from financial insights, educational content, recommendations, suggestions of any kind, information learned, payment suggestions, or any other information provided by Ditch cannot be guaranteed to be accurate. You also understand that all financial decisions are subject to various economic, political, and other risks. While the Service may assist you in helping you manage your finances and your debt, you should consult with a professional financial advisor before making financial decisions or deciding on significant changes to your personal financial strategy. Any information provided by or through the Service does not constitute financial, investment, legal, accounting, tax, or other advice. PLEASE USE THE SERVICES AND ALL THE INFORMATION GENERATED BY THE SERVICE AT YOUR OWN RISK.
A. LIMITATION. TO THE FULLEST EXTENT PERMITTED BY LAW: (1) EACH DITCH USER IS SOLELY RESPONSIBLE FOR: (A) HIS OR HER USE OF THE SERVICE; AND (B) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE; (2) THE AGGREGATE LIABILITY OF THE DITCH PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED $100; AND (3) NONE OF THE DITCH PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DITCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. INDEPENDENT INVESTIGATION. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
DITCH IS NOT AFFILIATED WITH ANY OTHER DITCH USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER DITCH USER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE DITCH (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURERS, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Any computer system, service, or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s, or ours, can experience unanticipated outages, slowdowns, or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions, or when interrupted by circumstances beyond our control. Ditch will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to any of the foregoing or for any other unforeseen events that are beyond Ditch’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
A. Indemnity. To the fullest extent permitted by law, you will defend, indemnify, and hold the Ditch Parties harmless against any loss or damage of any kind (including attorneys’ fees and lost revenues) arising from: (1) any breaches by you of these Terms or any representation, warranty, or covenant contained in these Terms; (2) any use of the Service not specifically authorized in these Terms or on the Service; and (3) any claims and actions against any Ditch Party by other parties to whom you allow access to the Service.
B. Procedure. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any such claim or matter without our written consent.
A. Access to Third-Party Services. The Service may contain information on products and services provided by third parties and links (including advertisements) to third-party websites (collectively, “Third-Party Services”). Third-Party Services are provided only as a convenience to Ditch Users. Ditch does not review or control Third-Party Services, and Ditch does not make any representations or warranties, express or implied, regarding Third-Party Services. Inclusion of any Third-Party Services in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Ditch with respect to any Third-Party Services. Ditch is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
B. Third-Party Integrations. The Service may allow you to connect, integrate, or sync with your Ditch account certain accounts provided by or retrieve information maintained by third-parties with whom you have a customer relationship, maintain an account, or engage in financial transactions (“Third-Party Integrations”). Ditch may use third-party data sources to assist in facilitating Third-Party Integrations and collect and sync data from Third-Party Integrations (“Third-Party Integration Data”). Ditch does not review Third-Party Integration Data for accuracy, legality or non-infringement. Ditch is not responsible for Third-Party Integration Data or products and services offered by or on third-party sites. Ditch cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, and personalization settings, or from device operating environment malfunctions or other service interruptions. Ditch cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. You are responsible for connecting, integrating, and syncing with Third-Party Integrations. For example, you may be required to provide valid credentials for the Third-Party Integration. You may also be required to generate authentication codes, keys, or other tools to connect with a Third-Party Integration. We may provide tools to facilitate such connections and/or guides detailing a process for facilitating such connections, but you are entirely responsible for arranging such connections in an accurate, complete, and secure manner. You agree that Ditch disclaims any responsibility or liability for and that Ditch will not be held liable for any loss arising out of relating to your connection to a Third-Party Integration.
C. Method Financial. As part of your relationship with us, and to provide you with the services or products you requested, you acknowledge and agree that: We use Method Financial("Method"), a third-party service, to validate your identity and prevent fraud using information from your wireless carrier. Solely for those purposes, you agree that we can provide information about you to Method or its service provider(s), and that your wireless carrier may disclose information about you to Method or its service provider(s); · You authorize Method to obtain a consumer report and information about you from one or more consumer reporting agencies ("credit pull"). You understand the credit pull is a soft inquiry that will not impact your credit score. Method will use this information solely in connection with identifying and obtaining data on your liability/debt accounts such as account number, type, balance, interest rate, payoff information, late fees, payment history, etc. ("Enhanced Data"); You authorize and direct Method to act on your behalf to access, obtain, and transmit the Enhanced Data from your financial institutions, lenders, creditors, and service providers, or any of their third parties, and you consent to Method sharing the Enhanced Data with us. Your authorization, direction, and consent remains effective for the duration of your business relationship with us, solely for the purpose of providing you with services or products that you may request from us from time to time;· You acknowledge and agree to Method's Privacy Policy (https://methodfi.com/legal/privacy) and Terms of Service (https://methodfi.com/legal/terms)
D. Disclaimer of Liability for Third-Party Services and Third-Party Integrations. Third-Party Services and Third-Party Integrations may have their own terms of use and privacy policies, and your use of the Service may incur third-party fees, such as fees charged by your carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policies, or other terms governing your use of Third-Party Services and Third-Party Integrations, and you are solely responsible for all of Third-Party Services and Third-Party Integrations fees incurred by you for use of the Service. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services and Third-Party Integrations, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that may be included on or with any Third-Party Services and Third-Party Integrations. Ditch disclaims any responsibility or liability for any harm resulting from your use of Third-Party Services and Third-Party Integrations, and you hereby irrevocably waive any claim against Ditch with respect to any Third-Party Services and Third-Party Integrations.
A. Generally. In the interest of resolving disputes between you and Ditch in the most expedient and cost-effective manner, you and Ditch agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in anyway related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DITCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND DITCH UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 14.I (OPT OUT).
Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
B. Exceptions. Despite the provisions of Section 14.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Ditch will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Ditch. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail within the applicable statute of limitations period (“Notice”). Ditch’s address for Notice is: 309 East Paces Ferry Rd Ne, Suite 400, Atlanta, GA, 30305. The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Ditch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Ditch must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Ditch will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b)the last written settlement amount offered by Ditch in settlement of the dispute prior to the arbitrator’s award; or (c) $100.
E. Fees. If you commence arbitration in accordance with these Terms, you will be solely responsible for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Wilmington, Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Ditch for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
F. No Class Actions. YOU AND DITCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION 14 (DISPUTE RESOLUTION)). Unless both you and Ditch agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
G. Modifications to this Arbitration Provision. If Ditch makes any future change to this arbitration provision, other than a change to Ditch’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Ditch’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Ditch. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
H. Enforceability. If Section 14.F (No Class Actions) is found to be unenforceable or if the entirety of this Section 14 (Dispute Resolution) is found to be unenforceable, then the entirety of this Section 14 (Dispute Resolution) will be null and void and the exclusive jurisdiction and venue described in Section 17 (Governing Law; Choice of Forum) will govern any action arising out of or related to these Terms or your use of the Service.
I. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 14 (Dispute Resolution), you may opt out of this Section 14 (Dispute Resolution) by notifying Ditch in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to help@ditch.io, stating clearly your full name and intent to opt out of this Section 14 (Dispute Resolution). Should you choose not to opt out of this Section 14 (Dispute Resolution) within the 30-dayperiod, you and Ditch will be bound by the terms of this Section 14 (Dispute Resolution). You have the right to consult with counsel of your choice concerning this Section 14 (Dispute Resolution). You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Section 14 (Dispute Resolution).
To the extent permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Ditch. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Ditch confidential information to any parties other than the Government Agencies.
The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware Court of Chancery and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
If you provide any feedback to Ditch concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to Ditch all right, title, and interest in and to such feedback, and Ditch is free to use such feedback without payment or restriction.
These Terms and the Privacy Policy set forth the entire agreement between Ditch and you with respect to the Service. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms.
If any provision of these Terms is held invalid, illegal, or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal, and enforceable expression of the intent of the parties, and the remainder of these Terms will not be affected thereby.
Nothing in these Terms will be deemed to create an employer-employee relationship between Ditch and you, nor any agency, joint venture, or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
No delay, omission, or failure to exercise any right or remedy provided under these Terms will be deemed to be a waiver thereof or an acquiescence to the event giving rise to such right or remedy, or a waiver of or acquiescence to any other right, remedy, or event.
Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Ditch and any attempt to do so will be null and void. Ditch may assign or transfer these Terms at any time without your permission.
The provisions of these Terms relating to the rights of Ditch service providers are intended for the benefit of such service providers, and such service providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with these Terms, irrespective of the fact that they are not parties to these Terms.
You hereby represent and warrant that: (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.
If Ditch provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and in no way defines or explains any section or provision. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
Under California Civil Code Section 1789.3, Ditch Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916)445-1254 or (800) 952-5210.