Your use of automated bank account feeds enabled by the Yodlee, Inc. (“Yodlee”) data gathering service (the “Yodlee Service”) from within FreshBooks is subject to the following terms, which constitute a legally binding agreement concerning your use of the Yodlee Service. Capitalized terms used and not defined in these terms have the meanings given to them in the FreshBooks Terms of Service. These terms should be read in conjunction with the terms and conditions for your own Internet Banking services, and to the extent they conflict with or are inconsistent with the FreshBooks Terms of Service in relation to your use of the Yodlee Service, they take precedence over the FreshBooks Terms of Service.
Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites that you use with the Yodlee Service and you agree to not misrepresent your identity or your Yodlee account information. You agree to keep your Yodlee account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Yodlee Service only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Yodlee Service technology, including but not limited to, any Java applets associated with the Yodlee Service.
Content You Provide and Is Derived by Use of the Yodlee Service. You are licensing to FreshBooks and Yodlee any information, data, passwords, materials or other content (collectively, for the purpose of these Yodlee Service terms, “Content”) you provide through or to the Yodlee Service or that is derived by use of the Yodlee Service. FreshBooks and Yodlee may use, modify, display, distribute and create new material using such Content to provide the Yodlee Service and the Services to you. FreshBooks and Yodlee may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Yodlee Service. By submitting Content through or to the Yodlee Service, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, FreshBooks and Yodlee may use the Content for the purposes set out above. As between FreshBooks and Yodlee, FreshBooks owns your confidential Yodlee account information.
Third Party Accounts. By using the Yodlee Service, you authorize FreshBooks and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant FreshBooks and Yodlee a limited power of attorney, and you hereby appoint FreshBooks and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Yodlee Service. YOU ACKNOWLEDGE AND AGREE THAT WHEN FRESHBOOKS OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, FRESHBOOKS AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that 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 the Yodlee Service is not endorsed or sponsored by any third party account providers accessible through the Yodlee Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE YODLEE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE YODLEE SERVICE IS AT YOUR SOLE RISK. THE YODLEE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRESHBOOKS AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE YODLEE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE YODLEE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FRESHBOOKS AND YODLEE MAKE NO WARRANTY THAT (i) THE YODLEE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE YODLEE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YODLEE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YODLEE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE YODLEE SERVICE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YODLEE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESHBOOKS OR YODLEE THROUGH OR FROM THE YODLEE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER FRESHBOOKS OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FRESHBOOKS OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE YODLEE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES TO SUBSTITUTE FOR THE YODLEE SERVICE, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE YODLEE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THROUGH THE YODLEE SERVICE; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE YODLEE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE ACCESSED THROUGH THE YODLEE SERVICE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE YODLEE SERVICE.
Indemnification. You agree to protect and fully compensate FreshBooks and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Yodlee Service, your violation of these terms or your infringement, or infringement by any other user of your Yodlee account, of any intellectual property or other right of anyone.
Yodlee is a Third Party Beneficiary of These Terms. You agree that Yodlee is a third party beneficiary of the above terms, with all rights to enforce such terms as if Yodlee were a party to them.