WELCOME TO WWW.POCKETGUARD.COM (TOGETHER WITH ITS SUBDOMAINS, CONTENT, AND MARKS, THE "Website"). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE (THE "Terms") BEFORE USING THE SITE OR THE SERVICE (DEFINED BELOW) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS TO Real.me Enterprises, Inc. ("PocketGuard", "We", "Our" OR "Us"). BY USING THE SITE AND/OR SERVICE, OR IN ANY EVENT BY REGISTERING AS A USER WITH THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICE. Unless the Site or Service is separately referred to in these Terms, all references herein to the "Services" shall include both the Site and the Service.
PocketGuard may change these Terms at any time by posting the changes on the Website, and will use reasonable efforts to notify you of the changes. Such change will be effective immediately following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes, so please check the Terms posted on our Website regularly for any changes.
PocketGuard provides a personal finance security service to its users (hereinafter the "Service"). The Service is available online through the Website (and also through our software mobile application).The Service performs periodic scan of statements for credit card accounts, bank accounts and other financial accounts specified by the user (the "User Accounts") to monitor for potential unwanted and unauthorized charges such as hidden fees, billing errors, forgotten subscriptions, scams and fraud.
PocketGuard provides the Service as a tool to assist you in monitoring your User Accounts; however, PocketGuard makes no guarantees that every questionable transaction will be identified.
Our Service is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on this website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any purchase decision, security, insurance policy, or investment strategy. To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information on this site. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Without limiting the foregoing, no product or service offered or set forth on this website, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing or our Services shall be deemed to constitute: (1) financial planning or investment advice under applicable state or federal law; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sublicensees, or assigns shall be responsible for any purchases you make after using our Services tools and features to analyse your decision, investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an "investment adviser" as such term is defined in the federal Investment Advisers Act of 1940, or (2) a "broker", or (3) a "dealer", as such terms are defined under the federal Securities Exchange Act of 1934; or (4) any form of financial planning advisory service. We do not hold ourselves out in any communications as a financial planner, investment adviser, a broker, or a dealer.
Your Use of the Service.
General. You agree to the following in connection with your use of the Services:
You may not use the Services if you are under 18 years old or otherwise do not have legal capacity to form a binding contract.
You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.
You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.
In connection with your use of the Services, you will not:
In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any User Submissions (defined below) or content on the Services, or when using the Services or any of the services therein, content which may reasonably be deemed as:
Access Removal or Block.
PocketGuard may, remove or block access to the Services, or any part thereof, for any reason that PocketGuard may consider to be justified in its sole discretion including, but not limited to:
Access to Content.
PocketGuard may also remove or block access to some of the information made available through the Services after a certain period of time. Consequently, you may not find content that you previously had access to through the Services. The Services do not operate as an archive or file storage service and you are solely responsible for the backup of your content.
Registration and User account.
BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
To login, you must use your email address and password. Alternatively, PocketGuard may provide you with a password for accessing your Service account on the Website. PocketGuard may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Services.
You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every three months. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Services as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.
You may terminate your account at any time, by using PocketGuard's designated termination form in PocketGuard's Settings page or by contacting PocketGuard by email at: email@example.com. PocketGuard may require you to verify your termination notice by sending PocketGuard an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Services will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available to PocketGuard under any applicable law, PocketGuard may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services (or any part thereof), remove content and take technical and legal measures to keep you off the Services, if PocketGuard believes that:
Except in cases where your continued use of the Services may expose PocketGuard or any third party to risk or harm, PocketGuard will reasonably attempt to receive your response and give you prior notice, when applicable, prior to taking the above actions.
Links to Other Sites.
Services from Third Party Sites.
Offers From Marketing Partners.
We may use your financial information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. Although PocketGuard does not charge you to use our Services, we may receive compensation from our marketing partners for promoting their products and services through our Services. That compensation means that we can continue providing the Services free of charge to our users and continue developing the Services to make them work even better for you.
You may choose to subscribe to PocketGuard's paid services. All paid subscriptions automatically renew for the period and price that you signed up to. You may cancel auto-renewal to avoid recurring charges, but you must act at least 1 day (24 hours) before the next renewal date. If you purchased the subscription via iTunes or Google Play, additional terms may be applied.
Correction of Errors. PocketGuard makes an effort to ensure the reliability of the information that appears in PocketGuard's Services. However, errors may occur. If you believe that any information sent or published by PocketGuard on the Services is erroneous, please inform PocketGuard at firstname.lastname@example.org.
Content and Marks. All rights, title and interest in and to the: (i) Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Services (collectively, the "Materials"), (ii) the Services' products, services and Software (collectively, "Software"); (iii) User Submissions (as defined below and together with the Materials and Software, the "Content"), and (iv) the trademarks, service marks and logos contained therein ("Marks"), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by PocketGuard or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. PocketGuard, and its licensors, reserve any and all rights not expressly granted in these Terms.
Use of the Services and Content. Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Services or Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. Content on the Services is provided to you on an 'as is' and 'as available' basis for your information and personal use only. If you use or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
Use of Marks. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of PocketGuard and other providers of the Services. You must avoid any action or omission which may dilute, or tarnish PocketGuard's goodwill. "PocketGuard", the PocketGuard logo, and other marks are Marks of PocketGuard or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
Proprietary Notices. You agree to abide by all messages and signs pertaining to proprietary rights, such as — Copyright mark [©] or Trademark [® or ™] accompanying the Services and any content provided through the Services. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Responsibility. The Services may permit the submission, hosting, sharing and publishing of Materials by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Website (including User Submissions) at any time and for any reason.
License to User Submissions. By uploading Materials to the Website, including any and all communications that you make with other users on or through the Website, you grant PocketGuard a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display publicly, make available to the public, adapt, sub-license, process and translate such content, combine such content with or incorporate such content into other content and modify and create derivative works of such content; in each case in connection with PocketGuard's operation of the Website and Service, and in PocketGuard's other media platforms, applications and services. You further waive all moral rights and rights of attribution with respect to the use of your User Submissions. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize PocketGuard to use all Intellectual Property Rights (defined below) in and to your User Submissions and any other content that you provide to PocketGuard, and to enable inclusion and use thereof as contemplated by the Services and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
Exposure. You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that PocketGuard is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PocketGuard with respect to (i) and (ii) herein.
Anonymous Information. You acknowledge and agree that PocketGuard may collect and use non-personally identifiable data regarding activity in User Accounts in order to provide and improve the Services. For example, PocketGuard may collect and use data regarding a potentially fraudulent transaction on a User Account in order to help identify similar fraudulent transactions on other User Accounts. None of this data will identify you, or any credit card number or account numbers.
Changes in the Service. PocketGuard may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Services' content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although PocketGuard will do everything possible to minimize these events. You agree and acknowledge that PocketGuard does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
Website and Service Availability. The availability and functionality of the Services, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Despite PocketGuard's efforts, PocketGuard does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.
Termination of Operation.
PocketGuard may at all times and in PocketGuard's sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, PocketGuard will provide prior notice of termination.
You agree and acknowledge that PocketGuard does not assume any responsibility with respect to, or in connection with the termination of the Services' operations and loss of any data as a result.
DISCLAIMER OF WARRANTY.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POCKETGUARD DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Some Content THAT IS DISPLAYED ON OUR WEBSITE, OR IN CONNECTION WITH OUR SERVICES, IS based on information THAT IS shared by USERS OF OUR SERVICES AND does not necessarily reflect the views of PocketGuard. We do not make any representations about SUCH CONTENT, and disclaim ALL liability IN CONNECTION THERETO. If you have a question about ANY SUCH Content please email us at email@example.com.
POCKETGUARD DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS. POCKETGUARD IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO ANY SUCH TRANSACTIONS.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER POCKETGUARD, NOR ANY OF POCKETGUARD'S AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE "POCKETGUARD PARTIES"), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES OR PAYMENTS, WHETHER CLAIMED IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER THEORY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY POCKETGUARD or POCKETGUARD'S STAFF OR ANYONE ACTING ON POCKETGUARD'S BEHALF, OR FROM YOUR RELIANCE ON THE SERVICES OR CONTENT AVAILABLE ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN ANY EVENT, TO THE EXTENT THAT ANY OF THE POCKETGUARD PARTIES ARE IN ANY RESPECT FOUND TO BE LIABLE DESPITE THE PRECEDING SENTENCE, THEN THE MAXIMUM AGGREGATE LIABILITY OF THE POCKETGUARD PARTIES TO YOU SHALL BE LIMITED TO THE FIFTY US DOLLARS. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY EVEN IF POCKETGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to indemnify, defend and hold harmless, PocketGuard and each of the other PocketGuard Parties, at your own expense and immediately after receiving a written notice from PocketGuard, from and against any damages, awards, settlements, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, action or demand, arising from your use of the Services, or from any communications that you convey through the Services, or from your breach of the Terms, or any other terms, rules or regulations applicable to the Services, or from your alleged violation or infringement of any other person's rights.
Governing Law and Jurisdiction.
These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of California or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of California.
You agree to resolve any dispute or claim that you may have against PocketGuard exclusively in the state and federal courts located in Santa Clara County, California. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Copyright Policy. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.pocketguard.com/copyright ("Copyright Policy").
Refer a Friend. The Services may include an invitation service that enables you to invite your friends and contacts to visit and/or join PocketGuard and register a PocketGuard Account ("Refer a Friend Service"). If you choose to participate in the Refer a Friend Service, you agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with PocketGuard to any third party or make any warranty or representation on behalf of PocketGuard; and (iii) to comply at all times with these Terms and applicable law.
These Terms constitute the entire agreement between you and PocketGuard with respect to the Services and supersedes any and all other agreements with respect to the Service.
Failure on PocketGuard's part to demand performance of any provision in the Terms shall not constitute a waiver of any of PocketGuard's rights under the Terms.
Changes in Ownership. PocketGuard may transfer its business relating to the Services, or any part thereof, to an affiliated company or a third party, including, but not limited to, by merger, sale of equity interests, sale of all or substantially all assets or other change of control transaction involving such business. In the case of such business transfer, PocketGuard will transfer your details and information to the acquirer of such business and you hereby give your prior consent thereto. In such an event, and when possible, notice will be given of the business transfer.
No Assignment. Your rights and obligations under the Terms are not assignable, but may be assigned by PocketGuard without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without PocketGuard's prior and explicit consent in writing.
Interpretation. The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms "including", whether capitalized or not, means without limitation.
Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Survival. The provisions of these Terms titled Intellectual Property, License to User Submissions, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival and any other provisions which by their nature would reasonably be expected to survive, shall survive any termination or expiration of your use of the Services.