This Agreement sets forth the terms and conditions that apply to your access and
use of the Internet Web site owned and operated by DecisionLogic (dba of Clarilogic, Inc.), a California
corporation (“DecisionLogic”), and located at www.DecisionLogic.com (hereby referred
to as “The Site”). By using the site, you agree to be bound by the terms and conditions
time to time in the future (see “Modifications” below).
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.
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.
CONTENT YOU PROVIDE
You are licensing to DecisionLogic and its service providers,
including Yodlee, Inc. (“Yodlee”), any information, data, passwords, materials or
other content (collectively, “Content”) you provide through or to the service. DecisionLogic
and Yodlee may use, modify, display, distribute and create new material using such
Content to provide the service to you. By submitting Content, you automatically
agree, or promise that the owner of such Content has expressly agreed that, without
any particular time limit, and without the payment of any fees, DecisionLogic and
Yodlee may use the Content for the purposes set out above. As between DecisionLogic
and Yodlee, DecisionLogic owns your confidential account information.
THIRD PARTY ACCOUNTS
By using the service, you authorize DecisionLogic and Yodlee to access third party
sites designated by you, on your behalf, to retrieve information requested by you,
and to register for accounts requested by you. For all purposes hereof, you hereby
grant DecisionLogic and Yodlee a limited power of attorney, and you hereby appoint
DecisionLogic and Yodlee as your true and lawful attorney-in-fact and agent, with
full power of substitution and resubstitution, for you and in your name, place and
stead, in any and all capacities, to access third party internet sites, servers
or documents, retrieve information, and use your information, all as described above,
with the full power and authority to do and perform each and every act and thing
requisite and necessary to be done in connection with such activities, as fully
to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE
AND AGREE THAT WHEN DECISIONLOGIC OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM
THIRD PARTY SITES, DECISIONLOGIC AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE
AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers
shall be entitled to rely on the foregoing authorization, agency and power of attorney
granted by you. You understand and agree that the service is not endorsed or sponsored
by any third party account providers accessible through the service. You acknowledge
that through the use of this service, DecisionLogic shall have access to your account
credentials, including, but not limited to login username and passwords.
DecisionLogic is a paid service where its Clients (often Lenders) compensate DecisionLogic for facilitating the retrieval of your bank account information from your financial institution. The purposes may vary, but typically you are being asked to share your bank account data, including transaction history, to assist you in the process of verifying your income.
The bank account information and other information you may provide DecisionLogic is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. DecisionLogic does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, DecisionLogic does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. You should be aware that the rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
By using the service, you authorize DecisionLogic to allow its Clients to request you to log into your financial institution, through DecisionLogic Services. If you successfully log in, a report will be generated showing the current status of the accounts found at that institution, very similar to your bank statement. DecisionLogic does not score the data or warrant that the data is complete, accurate or certified. Instead, DecisionLogic makes your bank account information, including bank transaction history, available to its Clients for their specific use. You will typically be asked to agree to their terms and conditions during this process.
DecisionLogic shall make best efforts to retrieve your complete account information according to the type of verification requested. You agree that certain factors outside of our control may affect the completeness of the information returned including the data returned by Yodlee, our data providers and your financial institution. Similarly, DecisionLogic may request that you enter your bank account number and routing number (or equivalent). In doing so, you authorize DecisionLogic, Yodlee, our data providers and Clients to retrieve all bank account information available at your financial institution using the log in credentials you provided. In some cases, you may provide a partial or incorrect account number and DecisionLogic will still be able to retrieve account information and transaction history. DecisionLogic may retrieve account details for multiple checking and/or savings accounts that have different account numbers if they are available at your financial institution using the same credentials you provided. The way DecisionLogic Clients use your bank account data will vary widely and we encourage you to read their terms and conditions and understand how your data is being used and for what purposes by contacting them directly.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 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. DECISIONLOGIC AND YODLEE 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. DECISIONLOGIC
AND YODLEE 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 DECISIONLOGIC OR YODLEE THROUGH OR FROM THE SERVICE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER DECISIONLOGIC OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT
PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS
AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES, EVEN IF DECISIONLOGIC OR YODLEE HAS 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.
You agree to protect and fully compensate DecisionLogic and Yodlee 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 Yodlee is a third party beneficiary of the above provisions,
with all rights to enforce such provisions as if Yodlee were a party to this Agreement.
ACCEPTING THE TERMS
By using the information, tools, features and functionality located on the site,
you agree to be bound by this Agreement, whether you are a “Visitor” (which means
that you simply browse the site) or you are a “Client” (which means that you have
registered with DecisionLogic). The term “you” or “User” refers to a Visitor or
a Client. If you wish to become a Client, communicate with other Clients and make
use of the Service, you must read this Agreement and indicate your acceptance during
the Registration or Client Engagement process.
You may not use the Service and you may not accept this Agreement if you are not
of a legal age to form a binding contract with DecisionLogic.
If you accept this Agreement, you represent that you have the capacity to be bound
by it or if you are acting on behalf of a company or entity that you have the authority
to bind such entity. Before you continue, you should print or save a local copy
of this Agreement for your records.
PRIVACY AND YOUR PERSONAL INFORMATION
For information about DecisionLogic’s data protection practices, please read DecisionLogic’s
how DecisionLogic treats your personal information when you access www.DecisionLogic.com
and use the Service. The policy may be updated from time to time at our discretion.
Changes will be effective upon posting to the site.
YOUR USE OF THE SERVICE
Your right to access and use www.DecisionLogic.com and the Service is personal to
you and is not transferable by you to any other person or entity. You are only entitled
to access and use the site for lawful purposes.
Your access and use of www.DecisionLogic.com may be interrupted from time to time
for any of several reasons, including, without limitation, the malfunction of equipment,
periodic updating, maintenance or repair of www.DecisionLogic.com or other actions
that DecisionLogic, in its sole discretion, may elect to take.
DECISIONLOGIC’S INTELLECTUAL PROPERTY RIGHTS
The contents of www.DecisionLogic.com, 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 www.DecisionLogic.com belong or are licensed to DecisionLogic or
its software or content suppliers. DecisionLogic grants you the right to view and
use the site subject to these terms. You may download or print a copy of information
provided on the site for your personal, internal and non-commercial use only. Any
distribution, reprint or electronic reproduction of any content from the site in
whole or in part for any other purpose is expressly prohibited without our prior
ACCESS AND INTERFERENCE
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering
or extraction tools, program, algorithm or methodology to access, acquire, copy
or monitor the site or any portion of the site, without DecisionLogic’s express
written consent, which may be withheld in DecisionLogic’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the site, other than the search engines and search
agents available through the Service and other than generally available third-party
web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other
contaminating or destructive features, or that otherwise interfere with the proper
working of www.DecisionLogic.com or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software
comprising or in any way making up a part of www.DecisionLogic.com or the Service.
DecisionLogic may modify this Agreement from time to time. Any and all changes to
this Agreement will be posted on the www.DecisionLogic.com site. In addition, the
Agreement will always indicate the date it was last revised. You are deemed to accept
and agree to be bound by any changes to the Agreement when you use the Service after
those changes are posted.
GOVERNING LAW AND FORUM FOR DISPUTES
This Agreement, and your relationship with DecisionLogic under this Agreement, shall
be governed by the laws of the State of California without regard to its conflict
or choice of law provisions. Any dispute with DecisionLogic, or its officers, directors,
employees, agents or affiliates, arising under or in relation to this Agreement
shall be resolved exclusively through the small-claims court of the Superior Court
of California, except with respect to imminent harm requiring temporary or preliminary
injunctive relief in which case DecisionLogic may seek such relief in any court
with jurisdiction over the parties. You understand that, in return for agreement
to this provision, DecisionLogic is able to offer the Service at the terms designated
and that your assent to this provision is an indispensable consideration to this
You also acknowledge and understand that, with respect to any dispute with DecisionLogic,
its officers, directors, employees, agents or affiliates, arising out of or relating
to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER
OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, this Agreement as a whole shall not
be deemed unlawful, void or unenforceable, but only that portion of this Agreement
that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if DecisionLogic does not exercise or enforce any legal right or
remedy which is contained in the Agreement (or which DecisionLogic has the benefit
of under any applicable law), this will not be taken to be a formal waiver of DecisionLogic’s
rights and that those rights or remedies will still be available to DecisionLogic.
All covenants, agreements, representations and warranties made in this Agreement
shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and
DecisionLogic regarding the subject matter of the same, and supersedes all other
Clarilogic, Inc. d/b/a DecisionLogic
Last Update: 12/23/2015