Last Modified: November 5th, 2018
Mimble, Inc. is a Delaware corporation (“Mimble, Inc.”) with offices at in Portland, OR (referred to collectively herein as “mimble”, “the Company”, “We”, “Us”, or “Our”). By using or downloading our mobile application (the “App”) or accessing or using our website at www.mimble.co and its subdomains (“Website”), which provide, among other things, financial information to assist users in managing their finances and encouraging savings, through savings goals, savings rules, aggregation of financial data, a wallet view of income, expense and savings, purchasing of gift cards or account credits, engaging with brand partners, social goal sharing, (collectively, the “Platform”) and related services and accounts (“Services”).
YOU HEREBY ACKNOWLEDGE AND AGREE THAT MIMBLE IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE MIMBLE PLATFORM IS MERELY A TOOL TO ASSIST YOU IN YOUR SAVING, FINANCIAL PLANNING, AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT AND SPENDING DECISIONS.
Occasionally there may be information on the mimble website or app that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the mimble Platform, we ask that you contact us via e-mail at firstname.lastname@example.org
- Acceptance of this Agreement.
1.1 Acceptance. When you use the App to register for an Account (defined below) in order to make use of the Service or when you otherwise access or make use of your Account or the Service, you acknowledge, agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not continue to access or otherwise make use of the App or Service. Please note that certain uses of the App or Service may be subject to separate agreements that will be provided to you prior to such use.
1.2 Restrictions on Acceptance. When you access or otherwise make use of the Appor the Service you acknowledge and agree that:
(a) if you are accepting this Agreement on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
(b) you have read and understand all of the provisions, terms and conditions set forth in this Agreement;
(c) you will be bound by all of the provisions, terms and conditions set forth in this Agreement;
(d) you are at least eighteen (18) years of age;
(e) you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of this Agreement;
(f) you have not previously used the Service through an Account which mimble has terminated or suspended in accordance with the terms and conditions of this Agreement or the Advisory Agreement;
(g) you have a valid U.S. email address;
(h) you have a valid and active deposit account with a U.S. financial institution;
(i) you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C. and have a valid postal mailing address confirming the same; and
(j) this Agreement is the legal equivalent of a signed, written contract between you and us.
If you are unable or unwilling to confirm the above statements, then you must not accept this Agreement or otherwise access or make use of the App or Service.
PLEASE NOTE THAT, EVEN IF YOU AGREE TO AND ACKNOWLEDGE THE ATTESTATIONS IN SECTION 1.2, OUR PARTNERS SYNAPSEFI AND/OR EVOLVE BANK, MEMBER FDIC, MAY REJECT YOUR APPLICATION FOLLOWING THE REGISTRATION PROCESS BASED ON INTERNAL ASSESSMENT PROCESS YOU MAY NOT BE ABLE TO MAKE USE OF THE SERVICES AS A RESULT.
- Scope of Service
You are responsible for obtaining any equipment and internet service necessary to access our mimble Platform and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this mimble Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our mimble Platform and/or Services, for some or all users, from time to time. The mimble Platform may also periodically become unavailable due to maintenance or malfunction of equipment or for other reasons.
The Services offered on the mimble Platform are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
We reserve the right to modify or change the Website, the App, or any of the Services, with or without notice to you, and we are not obligated to support or update the Website, the App, or any Services.
We provide an interactive platform that assists you with establishing and meeting personal savings goals by (i) tracking your Funding Account, (ii) providing personalized and automated savings and investment advice, (iii) notifying you of savings and investment opportunities, or (iv) automatically transferring funds from your Funding Account to your mimble Account based on your Settings. Your rights and obligations with respect to the App and Service are personal to you and you may not transfer such rights and obligations to any other person or entity.
- Account Registration, Funding Account, and mimble Account
4.1 Account Registration. You acknowledge and agree that you must use the Application to connect your Deposit Account to your Funding Account in order to participate in the Program. When you register your Account and sign up for the Service you will be required to provide certain personal information, in order to create an Account and use the Service ("Registration"). Such personal information may include your name, your date of birth, your social security number, your tax identification number (if applicable), your home or other physical address, your email address, your telephone number, banking information, and information concerning your financial goals and preferences (collectively, "User Information"). By registering your Account and signing up for the Service, you acknowledge and agree that you willingly submit your personal information and User Information for our use as may be necessary for us to provide the Service to you.
4.2 Funding Account. In order to register for the Service, you will be required to provide mimble with certain information related to the Funding Account you maintain at a third party financial institution including log-in credentials, passwords, American Bankers Association routing number, Funding Account number and other relevant user information as may be necessary for mimble to provide the Service ("Funding Account Credentials"). We contract with third parties to access your Funding Account using the Funding Account Credentials that you provide to us. Accordingly, you are responsible for providing us with accurate, up-to-date Funding Account Credentials and for notifying us immediately of any change to such Funding Account Credentials. You acknowledge and agree that we cannot provide the Service to you unless your Funding Account is properly connected to your mimble Account and that we will not be able to connect your Funding Account to your mimble Account unless you provide true, accurate, current and complete Funding Account Credentials. By providing us with your Funding Account Credentials, you authorize mimble and its third party providers to use your Funding Account Credentials to access your Funding Account only as may be necessary to provide the Service to you according to your Settings.
The Funding Account verification process is in place to ensure a Funding Account is compatible with mimble and supports ACH transfers; to prevent Clients’ goals from being disclosed to unknown funding sources, and to verify external Funding Account account ownership.
One of two methods are used to successfully verify a Funding Account:
(1) Two small credit transactions will be sent for processing to the external Funding Account. The amounts of those credits will then be immediately debited out of the Funding Account. Clients will need to verify the external Funding Account by entering the deposit amounts in the required fields provided in their mimble Accounts. Clients will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source; OR
(2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.
4.3 mimble Account. Through the Service, you will establish an account with Evolve Bank, member FDIC, known as “the Bank”. Through the Service, you will be able to issue instructions to mimble to initiate a transfer of funds from your Funding Account to your mimble Account, maintained by the Bank. You will own the mimble Account at the Bank. Your rights with regards to the mimble Account are set forth in a separate agreement between You and the Bank. Such transfers will only be made with your consent and at your direction. mimble will make recommendations, based upon the data collected from you through the Service (your "Settings") as to methods of increasing savings or recommended amounts to meet your identified savings goals. mimble does not have discretion to independently transfer funds from your Funding Account to your mimble Account apart from the instructions you provide to us in your Settings. Through the Service, you will authorize mimble to issue instructions to the Bank as may be appropriate in connection with the settlement of transactions initiated by you pursuant to the terms hereof.
You hereby warrant and represent that the Bank has agreed and will continue throughout the term of this Agreement to accept responsibility for the prompt delivery of funds to settle transactions effected on the behalf of You by mimble. mimble will, at no time, receive, retain or physically control any cash, securities or other assets in the mimble Account; provided, however, that mimble will assist you to obtain disbursements from the mimble Account from the Bank from time to time as you request. Any disbursements of funds from the mimble Account will be made back to the initial Funding Account or to a substitute Funding Account that is controlled by you at a substitute financial institution. Funds may not be transferred from a mimble Account to a third-party controlled account.
5.1 Purchasing a Merchant-Issued Closed Loop Gift Account. Merchant-issued closed loop gift card accounts in the form of either physical gift cards or codes used to access funds in those accounts (“Merchant-Issued Closed Loop Gift Accounts”) are available to purchase by individuals over the age of 18 years. You represent and warrant to the Company that you are at least 18 years old. The Company retains the sole discretion to refuse to sell Merchant-Issued Closed Loop Gift Accounts to any person for any reason. The amount of credit verified by the Company at the time of sale shall be deemed the available balance on the Merchant-Issued Closed Loop Gift Accounts. No refunds will be issued, offered or provided for the purchase of Merchant-Issued Closed Loop Gift Accounts.
5.2 Paying for a Purchase. In order to purchase Merchant-Issued Closed Loop Gift Accounts, the Company accepts payment only from your mimble Account with Evolve Bank, member FDIC.
You agree that you will pay for the Merchant-Issued Closed Loop Gift Accounts you purchase. You are responsible for the timely payment of all fees and for providing the Company with a valid form of payment.
Prices for products offered for sale by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. The Company reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice.
- No Return of Merchant-Issued Closed Loop Gift Accounts
- Merchant-Issued Closed Loop Gift Accounts are non-refundable and non-returnable.
- A Merchant-Issued Closed Loop Gift Account may be used in accordance with the terms and conditions specified by the merchant or other party who issued that Merchant-Issued Closed Loop Gift Account.
5.3 Documentation of Transactions. At the time of purchase, you will receive an email receipt for the transaction. Retain the receipt for your records.
5.4 Disputes with Merchants. You agree to make a good faith effort to settle all disputes about purchases you make using your Merchant-Issued Closed Loop Gift Account with the merchant who accepted the Merchant-Issued Closed Loop Gift Account.
5.5 No Company liability for any Merchant-Issued Closed Loop Gift Account subsequent to delivery to you. Company is not responsible for any value lost from a Merchant-Issued Closed Loop Gift Account subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, Company recommends protecting your personal computer and mobile device with an appropriate password. Specifically with respect to merchant-specific eGift Cards, for some merchants brands third-party vendors may provide issuance (including terms and conditions), fulfillment, customer service, and transaction-related services for those merchant-specific eGift Cards, and Company is not liable for any claims related to those services.
5.6 Notice of Errors. If you think a receipt is wrong or you have a question concerning a Merchant-Issued Closed Loop Gift Account transaction, please email us at email@example.com. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Merchant-Issued Closed Loop Gift Account number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.
- If the transaction would exceed the funds available through your selected form of payment
- If your connectivity, personal computer, or mobile device is not working properly
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken
- Any issue covered by the Disclaimer of Warranties section
5.8 Expiration. The expiration of your Merchant-Issued Closed Loop Gift Account is dependent on the specific Merchant policies. We have no control over the expiration date, however, most Merchant-Issued Closed Loop Gift Accounts have no less than a 5 year expiration date, and many have no expiration date. After the Merchant-Issued Closed Loop Gift Account has expired or is deactivated, it is no longer valid. All transactions will be declined.
5.8 TAX REPORTING REQUIREMENTS. The Company sells gift cards, gift codes, and account credits. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.
6.1 No Fees Required. For use of only the savings functionality, mimble does not currently charge any fees for your use of the App and the Services.
Notwithstanding the foregoing, you acknowledge and agree that mimble reserves the right to set and charge fees in the future for your use of the App and the Services. If mimble intends to set and charge fees, or change the fees for your use of the App and Services in the future, mimble will provide you with at least 30 calendar days advance written notice of such change and provide you with at least this period of time to terminate this Advisory Agreement and transfer any funds from your mimble Account as may be necessary to avoid a charge for such fees.
Mimble also expects from time to time to run various promotional campaigns to attract Clients to open accounts in mimble. These promotions may include additional account services or products offered on a limited basis to select Clients, more favorable fee arrangements, and/or reduced or waived advisory fees for Clients.
Mimble may also pay pre-determined fees to third-parties ("Marketing Affiliates") for driving new users to mimble, which may be in the form of so-called CPM, CPC or CPA arrangements (respectively, impressions, clicks or actions through other websites). Clients are not charged any fee or other costs for being referred to mimble by a current client, marketer or solicitor.
6.3 Other Fees for Specially Requested Services and Irregular Occurrences. Here are fees that mimble or the Bank may charge, in addition to any regular fees for specially requested services or irregular occurrences:
- Automated Clearing House (ACH) Deposit or Withdrawal Free
- Returned ACH, or Check* Deposit $30/occurrence
- Domestic Wire Transfer* $40/occurrence
* Deposits and Withdrawals in the Program are regularly done by ACH transfer. Checks and wire transfers are not regularly accepted.
- Deposits and Related Purchases
You agree that you will deposit in the Program by using the Application to initiate Deposits at Will, by using your Funding Account. You agree and acknowledge that nothing in any of the Agreements gives you any right to fund any Deposit in the Program in any manner other than an Automated Clearing House transfer from your Funding Account to the the Bank in accordance with the Agreements. We reserve the right to accept funds from other sources or through other means on a case by case basis and subject to the fees in the Program Agreement with the prior express written approval of a duly authorized officer of mimble.
You may, withdraw money from your mimble Account by initiating a Withdrawal request through the App at any time. You acknowledge and agree that, notwithstanding anything in the Agreements to the contrary, you will not be able to request Withdrawals, unless and until you connect your Funding Account to your Deposit Account using the Application in accordance with this Agreement. You agree that, by requesting a Withdrawal, you authorize mimble to place an request with the Bank on your behalf to move funds of the amount that you request. Mimble will undertake good faith efforts to generate and place the request for such transfers on the Business Day after you request a Withdrawal, but you acknowledge and agree that such Orders may be placed any time within five Business Days after you request a Withdrawal. mimble will send any Withdrawal request you initiate through the Application to the ACH Operator. You agree that, by requesting a Withdrawal, you authorize the ACH Operator to request that the Bank transfer the funds in the amount you request to your Funding Account. You acknowledge and agree that it may take up to five Business Days after the Bank initiates a transfer of money for the proceeds of a Withdrawal to arrive in your Funding Account.
- Automated Clearing House Transactions
You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Account to mimble and its third party service providers when requested in connection with the mimble Platform. You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Account or in payment instructions to make a deposit or pay subscription fees may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Account without notice to you. You agree that mimble and/or its third party service providers may request and that mimble and/or its third party service providers may make ACH transfers solely by reference to the account number of the recipient. mimble and its third party service providers shall not be obligated to determine whether there is a discrepancy relating to names or account numbers in transfers between any of your mimble Accounts and your Funding Account.
Although mimble may transmit your requests for Withdrawals to the ACH Operator and/or the Bank, mimble shall have no authority to initiate any Withdrawal or otherwise to transfer any money out of your Deposit Account other than for fee deduction pursuant to this Agreement.
- Types of Transfers; Limitations
The types of electronic funds transfer generally available in your Deposit Account are Deposits and Withdrawals.
Deposits to and withdrawals from an account are generally limited to $500 or $1,000 per week unless the Bank determines in its sole discretion to make an exception. You acknowledge and agree that the Bank shall have the right to delay, limit, restrict, or refuse, among other things, any deposits or withdrawals in a pattern of deposits and withdrawals if the Bank believes in good faith that the pattern gives the Bank reason to suspect suspicious activity.
- Electronic Funds Transfer Documentation
You will receive an email with a link to the monthly statement, which will show all activity in your Deposit Account, including any electronic funds transfer.
- Stop Payment
If you instruct the Bank to make regular preauthorized Withdrawals or Deposits, you can stop such Transactions by request through the App. You agree to indemnify and hold harmless the Bank from and against any loss incurred by the as a result of its execution of a preauthorized Transaction if any of the information relied upon in the stop payment order is incorrect or incomplete or as a result of its not paying a preauthorized Transaction for which a valid stop payment order is in effect. If you instruct the Bank to stop a preauthorized Transaction at least three Business Days before the Transaction is scheduled to be made, and the Bank does not, the Bank shall be liable for your losses or damages.
- Error Resolution
In case of errors or questions about your electronic transfers, email us at firstname.lastname@example.org as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.
This can also be done in the App by submitting a form through the transaction screen.
- Timeliness and Accuracy of External Data
As part of the mimble Platform, mimble will retrieve information from your Bank Accounts and your Account Information. mimble works with one or more online financial service providers to access this Account Information. mimble makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. mimble is not responsible for the products and services offered by or on third-party sites.
mimble cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. mimble cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the mimble Platform, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the mimble Platform, in the manner prescribed in the associated instructions.
During Registration and in the course of using of the Service you will be asked to establish your personal savings goals and to provide mimble with certain instructions (the "Settings") that will enable mimble to help you achieve your savings goals. Your Settings may include authorizing and instructing mimble to (i) monitor your Funding Account and collect data on spending and savings patterns, (ii) notify you of savings opportunities based on your Funding Account spending and saving patterns, or (iii) transfer funds from your Funding Account to your mimble Account on specified dates, in connection with the occurrence of certain events identified in your Settings, at regular intervals, or on a one-off basis.
- Accuracy and Changes to User Information
You agree to provide accurate, up-to-date User Information and Funding Account Credentials when registering for your Account and when you otherwise access or make use of the Account, App or Service. You further agree to promptly update all your User Information and Funding Account Credentials whenever the information provided to us by you is found to be or becomes inaccurate. You can update your information by emailing us at email@example.com. We are not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate User Information or Funding Account Credentials. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate User Information or Funding Account Credentials, we may temporarily suspend or terminate your access to
- Timing of Communications
Any electronic Communications will be deemed to have been received by you no later than five (5) Business Days after mimble sends it to you by email or posts such Communication on the App or through the Service, whether or not you have received the email or retrieved the Communication from the App or Service. An electronic Communication by email is considered to be sent at the time that it is directed by mimble’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
- Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to registered users.
If you choose, or are provided with, a username or password you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
- Intellectual Property Rights
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by mimble, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may download a single copy of materials to your computer or mobile device (as applicable) solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Services.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
The Mimble name, the terms mimble, mimblemoney, and Mymimble, the Mimble logo and all related names, logos, product and service names, designs and slogans are trademarks of Mimble or its affiliates or licensors. You must not use such marks without the prior written permission of Mimble. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted.
- User Conduct and Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing,you understand and agree not to use the mimble Platform or Services to:
- Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- To violate any laws or for any illegal purpose, including, without limitation, any laws governing theft, wire fraud, money laundering,
- conversion and any law relating to financial services or cybercrime.
- Contribute (or purport to contribute) funds to a savings goal, or create (or purport to create) a savings goal to which others could make contributions, for the purpose of money laundering or other illegal transferring of funds.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”,“spam”,“chain letters”,“pyramid schemes”, or any other form of solicitation. This prohibition includes but is not limited to: a) using the mimble Platform or Services to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the mimble Platform or Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through mimble.
- Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt mimble or servers or networks connected to mimble, or disobey any requirements, procedures, policies or regulations of networks connected to mimble.
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve unauthorized commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- User Content
26.1 Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the mimble Platform. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content to us, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
26.2 Ownership and Use of User Content. mimble does not claim ownership of any User Content. By submitting such User Content, however, You hereby grant mimble a worldwide license and right to (i) copy, store and use that User Content for the purpose of providing you with our Services; (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information (“Aggregated Data”) and copy, store and use such Aggregated Data; and (iii) use your User Content in perpetuity for marketing purposes in any media format (including publishing or re-publishing). You acknowledge and agree that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve, and that you will not be compensated in any way for our use of your User Content.
26.6 Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your address, date of birth, Social Security Number, a copy of your driver’s license or such other information or documentation as we may deem necessary (including, without limitation, information requested and obtained about you in connection with providing a financial service or product to you). Such information may be required, for instance, in order to meet our legal obligations or the requirements of mimble’s banking partners.
- Copyright Infringement
Mimble respects the intellectual property rights of others and expects all visitors to the Services to the do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (“DMCA”) , we will respond promptly to any claim that User Contributions or any other materials accessible from the Services infringe copyright or other intellectual property rights of any person if such claims are reported to mimble as provided below. It is our policy in appropriate circumstances to disable and/or terminate the accounts of repeat infringers.
If you believe that any User Contentor any other materials accessible from the Services infringe your copyright or other intellectual property rights, please send written notice to our designated copyright agent (specified below) (the “DMCA Notice”). In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the DMCA Notice must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive the DMCA Notice is:
Attention: Copyright Agent
3848 SE Division Street, #122
Portland, Oregon 97202
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright or other intellectual property, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of mimble and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) we may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for us to review your unsolicited ideas; and (5) we have no obligation to keep any unsolicited ideas confidential.
- Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mimble, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mimble. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Services
We may update the content on the Services from time to time, but content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
- Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites and mobile applications to certain content on the Services.
- Send emails or other communications with certain content, or links to certain content, on the Services.
- Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites and mobile applications.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- Establish a link from any website or mobile application that is not owned by you. Cause the Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or mobile application.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or mobile applications linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and mobile applications.
- Geographic Restrictions
The owner of the Services is based in the state of Oregon in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the App and/or the App may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- No Conflict
You represent and warrant that no term of any of the Agreements conflicts with or violates any duty you have under any law, regulation, or agreement.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT, COMPUTER PROGRAMS OR MOBILE APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES (INCLUDING YOUR DOWNLOADING OF THE APP), OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR MOBILE APPLICATION LINKED TO IT.
YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, THE APP, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
The Services are operated by, and all feedback, comments, requests for technical support and other communications relating to the Services should be directed to:
3848 SE Division Street, #122
Portland, Oregon 97202