TERMS OF USE

 

Vault FM, Inc. ("Medean", "we", "us" or "our"), invite you to access and use our services (the “Services”), which are made available to you through our website located at www.medean.com (the "Website") and/or through the Medean mobile software application that we license to you (the "App"). The Website and App are collectively referred to herein as the “Platform.” Please read these terms of use (“terms”) carefully. These terms state the terms and conditions under which you may use the platform and/or the services. By signing up, accessing and/or using the platform, you agree to be bound by these terms. If you do not agree with these terms, you may not access the platform and/or use the services.

1. Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Medean, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Medean.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Medean. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

2. Privacy and your personal information

You can view the Medean Privacy Policy on our website and on the Site for the Services. You agree to the applicable Medean Privacy Policy, and any changes published by Medean. You agree that Medean may use and maintain your data according to the Medean’s Privacy Policy, as part of the Services.

3. Description of the Services

The Medean Platform is a personal finance information management service that allows you to consolidate and track your financial information. The Platform allows users to find out how their finances compare to people with similar demographics (including but not limited to age, income, location, gender, and marital status). The Medean platform also provides you with a “financial wellness” score that ranks you on a scale of 100. This score is meant to provide a simple way to gauge how well you are managing personal finances.

The Platform may also present you information relating to third party products or services that you may be interested in. The Services may also provide you general tips, recommendations and educational material.

4. Consent to doing business electronically

In order to enroll for an account at Medean, we must provide certain disclosures, notices, documents and information (“Communications”) required by law. We can only provide this information electronically if you consent. This section informs you of your rights when receiving Communications from us electronically.

4.1. Electronic Communications

You agree that all Communications from us relating to your use of Medean Services may be provided or made available to you electronically by e-mail or through our mobile application or website. If you consent, you still have the right to receive a free paper copy of any legally required Communication by contacting us in the manner described below.

4.2. Scope of consent

Your consent to receive Communications and do business electronically, and our agreement to do so applies to all of your interactions and transactions through and with Medean.

4.3. Right to withdraw consent

You may withdraw consent to receive Communications, but doing so will not affect the legal effectiveness, validity, or enforceability of electronic records that were made available to you prior to the implementation of your withdrawal. To withdraw consent, or to provide updated

information on how we may contact you electronically, you must write to Medean, 20 West Kinzie St, 17th Floor, Chicago, IL, 60654 or email us at support@medean.com . If you withdraw consent for electronic delivery, we may restrict all or part of your access to the Service.

4.4. Hardware and software requirements

To access and retain the Communications electronically, you will need to have a device capable of connecting to the Internet and accessing Medeans mobile application and website, a valid email address that has been provided to Medean (as well as access to this email address), and an internet browser. You acknowledge that you can access the Communications in the designated formats described herein.

5. Not A Financial Planner, Broker, Tax Advisor Or Financial Institution

Neither Medean nor the services is intended to provide legal, tax, or financial advice. Medean is not a financial planner, broker, tax advisor or other provider of investment, financial or economic advisory services. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider whether it may be appropriate to obtain additional tailored advice from your accountant or other financial advisors who are fully aware of your individual financial circumstances.

6. Plaid

We've engaged Plaid, a trusted, industry-standard third-party provider to provide us financial account aggregation services. We will pass your financial institution credentials, your financial institution's' name and your credit and/or debit card names (the “Account Credentials”) that you provide during registration to Plaid and Plaid will store such information on its servers in accordance with their security and privacy practices in order to provide services. For improved safety, we purposefully do not store any of your financial account credentials. The following terms apply to the services provided by Plaid. These terms are in addition to all other terms contained in these Terms:

6.1. 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 and you agree to not misrepresent your

identity or your account information. You agree to keep your account information up to date and accurate.

6.2. Proprietary rights

You are permitted to use content delivered to you through the service only on the service. 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 service technology, including but not limited to, any Java applets associated with the service.

6.3. Content you provide

You are licensing to Medean and its service providers, including Plaid, the Account Credentials you provide through or to the service. Medean and Plaid may use, modify, display, distribute and create new material using such Account Credentials to provide the service to you. By submitting the Account Credentials, you automatically agree, or promise that the owner of such Account Credentials has expressly agreed that, without any particular time limit, and without the payment of any fees, Medean and Plaid may use the Account Credentials for the purposes set out above. As between Medean and Plaid, Medean owns your confidential account information.

6.4. Third Party Accounts

By using the service, you authorize Medean and Plaid 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 Medean and Plaid a limited power of attorney, and you hereby appoint Medean and Plaid 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 accounts, passwords, and other 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. YOU ACKNOWLEDGE AND AGREE THAT WHEN Medean OR PLAID ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, MEDEAN AND PLAID 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 service is not endorsed or sponsored by any third party account providers accessible through the service.

6.5. Disclaimer of warranties

YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDEAN AND PLAID EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

MEDEAN AND PLAID MAKE 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, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 MEDEAN OR PLAID THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

6.6. Limitation of liability

YOU AGREE THAT NEITHER MEDEAN OR PLAID 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 MEDEAN OR PLAID HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS

ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

6.7. Plaid Indemnification

You agree to protect and fully compensate Medean and Plaid and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

You agree that Plaid is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Plaid were a party to this Agreement.

7. Your rights to use the services

You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by Medean in writing, you agree you will not:

●  Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

●  Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

●  Post, upload, or distribute any content, including Materials, that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;

●  Interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

●  Interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware,

spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

●  Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

●  Sell or otherwise transfer the access granted herein or any right or ability to view, access, or use any Materials (as defined below);

●  Provide Financial Information to us which you do not have the authority to provide

The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Medean in its sole discretion.

8. Medean’s intellectual property (IP) rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Medean or its software or content suppliers. Medean grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

9. Rules for posting (user generated content)

As part of the Services, Medean may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Medean or by one of our third party service providers on Medean’s behalf. You agree in posting content to follow certain rules.

● You are responsible for all content you submit, upload, post or store through the Services.

●  You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Medean a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Medean is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.

●  You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b)post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c)post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

●  Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

●  You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may

be designated for that purpose is between you and that employer, employee, or

contractor alone, and not with us.

●  You may not copy or use personal identifying or business contact information about other

Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.

●  You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Medean does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Medean is not responsible.

10. Ownership, proprietary rights, feedback

The Service is owned and operated by Medean. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us the a perpetual, worldwide, fully transferable, sublicenseable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you, without obtaining your permission.

11. Changes to the terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these

Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.

12. Indemnification

You agree to indemnify, defend and hold the Medean Parties harmless from and against any and all claims, damages, awards, settlements, loss, costs, expenses and payments (including reasonable attorney’s fees and legal expenses) arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Platform and/or the Services; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; (iv) your negligence or willful misconduct, or (v) any claims brought against any Medean Party by a Third Party Provider as a result of your acts or omissions.

13. Disclaimers; No warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDEAN ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MEDEAN ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MEDEAN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.

ALL FINANCIAL INFORMATION WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED FOR ACCURACY BY US.

YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

14. Limitations on Medean’s liability

MEDEAN SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF MEDEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MEDEAN’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

15. Termination

Medean may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Medean’s rights to any payments due to it. Our Privacy Policy and all sections of this Agreement will survive and remain in effect even if the Agreement is terminated.

You may cancel your account or any part of the Services at any time; provided that Medean will not refund any pre-paid fees upon such termination or cancellation. Medean reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).

Upon termination of your account for any reason, Medean reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Services.

16. Governing law and jurisdiction

The internal, substantive laws of the State of Delaware governs this Agreement without regard to its conflicts of laws provisions. As a material inducement to Medean to enter into this Agreement and provide you access to the Services and other offerings provided by us at such low price points, you agree that to resolve any legal dispute arising from this Agreement, you and Medean agree to the exclusive jurisdiction of state or federal courts located in Wilmington, Delaware. Medean does not represent that information on the website for the Services is appropriate or available for use in all countries. Medean prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

17. Agreement to arbitrate

If any dispute arises from these Terms or your use of the Services, either we or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, will be final and binding on the both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any

court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in San Francisco, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

18.  Additional terms

We can add eligibility requirements to use the Service at any time.
The Service can be affected by the terms of other agreements you have with other parties

including those for your mobile telephone and any mobile service. We have no responsibility or obligations under any of these agreements, and the Terms will not change any of your rights and obligations under them.
The Terms will bind and benefit all of your and our successors and assignees.
Your promises to us – including your indemnification of us - will continue even after the Terms ends.

All of our affiliated entities and parties you indemnify under the Terms will be third party beneficiaries of the Terms and entitled to directly rely on its provisions and enforce it. No other person or party will have rights or claims under the Terms.
If any provision of the Terms is found to not be enforceable, the other provisions of the Terms will remain valid and enforceable. You and we will work in good faith to substitute other enforceable terms that are similar to those that are unenforceable.

Our failure to enforce any term(s) of the Terms will not be a waiver or affect our right to later enforce them.

Contact information

19. User Referral Promotion
 

From time to time, Medean may offer customers incentives for referring friends to sign up for Medean.  The reward value and timeframe will be described in the mobile app or via email communication to select customers when the promotion is active. 

 

Terms and Conditions of referral promotion:

A user must link at least one valid account (checking, credit card, brokerage, 401k, IRA, etc) containing a balance of more than $100 within 3 days of registering. An Amazon.com Gift Card will be awarded to each new user who links a valid account. All awards will be electronically delivered within 1 week following the promotion end date. 


The referred user must use the referral link provided by the referring user. A referral link is a unique link generated by our system that is given out to each user who is invited to participate in the referral program to ensure proper gift card attribution.


The offer will apply only to the first-time user when a unique account is linked and will not be applied if the same account is linked multiple times in the same or additional Medean user accounts, or for any previous Medean user account, which may have been previously closed or deleted.


Referrers cannot exceed $400 in total gift rewards during the promotion. Using an ad blocker may adversely affect our ability to determine your account eligibility in the program. Final determination of eligibility is at the sole discretion of Medean.


Medean wants the referrer to share their referral link and earn Referral Rewards, but referral links must be used only for personal and non-commercial purposes. The referrer can share their referral link only with people they know. Referrers agree that they will not:


    1.) Make it available to the general public (such as posting it on a coupon website, bonus website, job website, Craigslist, Reddit, and other sites at the discretion of Medean).
    2.) Use paid social media, paid search, or any paid advertising to distribute the referral link.
    3.) Try to send to any deals email distribution lists, coupon/bonus email distribution lists, or rewards email distribution lists.
    4.) Use automated systems, bots, or programmed scripts to distribute, post, or share their referral link.

Medean at all times reserves the right, at its sole discretion, to end the promotion or restrict participants at any time. No purchase or payment is necessary. Open to legal residents of the 50 US states and DC, 18 years and older.

Disclaimers:

*Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.

20. If you have any questions, comments, or concerns in regards to these terms of use and/or our privacy policy, please contact us by email or postal mail.

Email: support@Medean.com

Postal Mail:

Medean
20 West Kinzie St, 17th floor Chicago, IL, 60654