Tally Save Terms and Conditions
Last Updated June 2019
Welcome to Tally! We’re excited you are using Tally Save, as well as all related web sites, downloadable software, mobile applications (including tablet applications), and related products and services provided by Tally Technologies, Inc. (“Tally”) and certain third parties (collectively, the “Site” and the “Service”).
A. This is a legally binding agreement between you and Tally.
This agreement is a contract between you and Tally, and it governs your use of the Service.
Unless prohibited by applicable law, these Terms provide that all disputes between you and us will be resolved by individual (non-class) binding arbitration, not in state or federal court (excluding claims you can bring in small claims court). Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with Tally.
B. Tally will communicate with you electronically.
You agree to conduct transactions with Tally electronically. When you visit www.meettally.com or send emails to us, you are communicating with us electronically and you consent to receive any and all communications from us electronically (“Electronic Disclosures”) to the extent allowed by law. We will provide Electronic Disclosures by email, by posting notices on the Site, mobile or web application, text message, or other electronic means.
At any time, you may request a paper version of disclosures required by law to be delivered to you in writing. We will send you such disclosures free of charge.
You may refuse to receive Electronic Disclosures before using the Service. You may also update your contact information or withdraw your consent at any time by (a) emailing us at email@example.com or (b) writing us at P.O. Box 411165, San Francisco, CA 94141. Once you refuse or withdraw your consent to receive Electronic Disclosures, we reserve the right to limit your use of the Service. If you withdraw your consent, you may request paper versions of any disclosures the Service was obligated by law to deliver to you in writing within the past 180 days. We will send these disclosures free of charge. After 180 days from your withdrawal of consent, we will not deliver paper copies of any Electronic Disclosures.
In order to receive Electronic Disclosures, you must have the following hardware and software:
- A computer or mobile device with an internet connection;
- A current web browser that includes 128-bit encryption with cookies enabled;
- A valid email address and mobile telephone number; and
- Sufficient storage space to save Electronic Disclosures or an installed printer to print them.
We may change these requirements and, if we do so, we will notify you promptly of any material change to these requirements.
C. Your privacy is important to Tally.
- We will disclose information to third parties about payments you initiate or make:
- where it is necessary for completing payments;
- in order to comply with government agency or court orders;
- if you give us your written permission;
- with our Bank Partner or any other third party we use to provide this Service; or
- as provided elsewhere in these Terms.
D. Your use of Tally Save may be subject to additional terms.
Your use of the Service is subject to any additional terms or agreements applicable to the Service (“Additional Terms”), such as, for example, end-user license agreements for any downloadable applications we may offer, or rules applicable to particular features or content of the Service.
II. Tally Save can help you save money or reduce your credit card debt.
Tally Save is a mobile application that enables you to automatically set aside money each week in a Tally Save account. You can use the Service to commit to a weekly auto-deposit of at least $5. This auto-deposit will recur on the day you choose (Monday through Friday, excluding holidays). To use Tally Save, you must link your U.S. bank account to your Tally Save account. On the day you choose for your recurring auto-deposit, Tally will transfer the amount of your auto-deposit from your linked bank account to your Tally Save account. If the day you choose falls on a holiday, your auto-deposit will occur on the next business day.
You may also instruct Tally to pay the savings in your Tally Save account toward your credit card debt.
A. You must meet certain eligibility criteria to use Tally Save.
In order to use the Service you must:
- Be at least 18 years old (or older if you live in a state where the age of majority is older than 18);
- Not be a data subject of the European Union as defined in the EU’s General Data Protection Regulation;
- Have a bank account with a U.S. financial depository institution;
- Reside in the United States;
- Comply with any and all laws and regulations in your State and the United States; and
- Provide accurate verifiable identifying information.
By agreeing to these Terms, and using the Service, you represent and warrant that you meet the eligibility criteria described in this section, and that you have not previously been suspended or removed from the Service. You also represent and warrant that you are using the Service on behalf of yourself, or if you are using it on behalf of another person, you represent that you have the legal authority to bind that person to these Terms and that both you and that person agree to be bound by these Terms.
B. To use Tally Save, you must register for an account.
To access the Service, you must register for an account with Tally Save. When you register you will be required to provide us some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
When you register, you will also be asked to create a password. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur on your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org or call us toll-free at 866-508-2559.
You are only permitted to register for one Tally Save account. You agree not to register for multiple accounts, though you may register for other services with Tally.
C. You can use your Tally Save account to save money, or reduce your credit card debt.
You can do two things with the money held in your Tally Save account:
- You can save the money in your Tally Save account and transfer it back to your linked bank account when you need it; or
- You can instruct Tally to apply the money in your Tally Save account to the balance of a credit card where you are the primary account holder.
If you choose to save the money in your Tally Save account (for a specific goal or a rainy day), you can transfer the money back to your linked bank account for no fee, whenever you choose. Your money is transferred between your linked bank account and your Tally Save account using the ACH network; these transfers take approximately three business days and could take longer, especially if the transfer occurs on a weekend or a holiday. Your Tally Save account may reflect money that is still in transmission. Money in transmission to your Tally Save account is not accessible until the transfer is complete, which may take up to three business days.
If you want to apply the funds in your Tally Save account towards the balance of a credit card where you are the primary account holder, you must link the credit card to your Tally Save account in the Tally Save application. On the 1st of each month, Tally will apply all of the money in your Tally Save account to your credit card balance, regardless of the due date of your regular credit card payment. This payment to your credit card is intended to be made in addition to your regular monthly credit card payment. If the 1st of the month falls on a holiday or a weekend, the payment to your credit card will occur on the next business day.
D. Tally will email you before auto-deposits or credit card payments.
You will get a reminder email a day before an auto-deposit occurs or a payment is made to your linked credit card.. As permitted, you may cancel auto-deposits or credit card payments by replying to the reminder email or emailing email@example.com before 9:00 a.m. Pacific Time on the day the auto-deposit or payment is scheduled to occur. Cancelling a single payment or auto-deposit must be done through email. If you would like to pause auto-deposits or credit card payments and cancel future auto-deposits or payments, you must change your auto-deposit or payment settings in the Tally Save application. Pausing an auto-deposit or payment on the scheduled date will not cancel the payment scheduled to occur. You will still need to cancel by emailing firstname.lastname@example.org before 9:00 a.m. Pacific Time on the day of the auto-deposit or payment.
E. You should contact Tally if you believe an error related to your Tally Save account occurred.
All questions about auto-deposits or payments made through Tally Save must be directed to Tally, and not to the bank or other financial institution where you have your linked bank account or your linked credit card. Tally is responsible for your ability to pay funds in your Tally Save account to a credit card balance; and Tally is responsible for resolving any errors that were caused by Tally.
IF YOUR CREDENTIALS TO ACCESS THIS FEATURE ARE LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at email@example.com and 866-508-2559.
You must notify us immediately if you suspect or believe that a transaction has occurred that you did not authorize or if you believe an incorrect amount was authorized. You may contact us at firstname.lastname@example.org and 866-508-2559. If your Tally Save account statement or account history in the application shows payments you did not instruct Tally to make, tell us at once. If you do not tell us within 60 days after the statement or history was transmitted or made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you initially provide information to us by telephone, we may require that you send your complaint or question in writing within ten business days. You will be asked and are required to provide us with the following information: your name; the email address associated with your Tally Save account; a description (including dollar amount) of the transaction that you believe is unauthorized or in error; a reference/transaction ID; an explanation why you believe there was an unauthorized transaction or error; and any other information we reasonably request. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we provisionally credit your account and we determine that no error occurred, we may reverse the credit. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you an explanation. You may ask for copies of the documents that we used in our investigation.
F. Your funds in your Tally Save account are held with our FDIC-insured bank partner.
The funds in your Tally Save account are combined with the balances of other Tally Save accounts and held at an FDIC-Insured bank for your benefit and are insured up to $250,000. Tally is not a bank and does not have an FDIC insurance number. Your funds are FDIC-insured on a “pass through” basis.
The money in your Tally Save account can only be applied to a credit card balance, held for your benefit in your Tally Save account, or transferred back to your linked bank account. You cannot send the money in your Tally Save account to a third party or spend the money in your Tally Save account on goods and services.
Any balance you hold in your Tally Save account represents an unsecured claim against Tally. You will not earn interest on the funds held in your Tally Save account. Tally owns any interest or other earnings generated by these funds; however, the claim against Tally represented by the balance in your Tally Save account is not secured by any monies Tally may earn. These pooled amounts are held apart from Tally’s corporate funds, and Tally will neither use these funds for its operating expenses or any other corporate purposes, nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.
G. Tally may retrieve your information from third parties.
You may direct Tally to retrieve your information maintained online by third-party financial institutions such as your bank or credit card company (collectively, “Account Information”). Tally works with one or more online financial service providers under contract to access this Account Information.
Tally does not store any user account credentials. Instead, the online financial service providers store your login credentials in a separate database.
In order to make full use of the Service, you will need to link your Tally Save account with accounts you maintain at third party financial institutions that have records of your financial transaction history (“Financial Account History”). You can only actively link one bank account and one credit card to your Tally Save account.
We contract with third-party service providers (“Service Providers”) to access your Financial Account History through the login and password information you provide to us for third-party financial institutions.
In order to provide you with the Service, we store your Financial Account History in our databases. Please be aware that any stored Financial Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Financial Account History is only as accurate as the information provided to us by our Service Providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution. Because of this, it is your responsibility to ensure that your Financial Account History, including due dates and amounts due, is accurate. And, you agree that if your Financial Account History is incorrect or becomes outdated, and we notify you of that, you will correct it within 72 hours of our notification so we can correct the issue.
Tally is not responsible for the accuracy of the information provided by Service Providers or maintained by or on third-party sites, or for products or services offered by or on such sites.
By providing us and our Service Providers with information, data, passwords, usernames, PIN codes or other login information, or other materials or content through the Service, you grant us the right to use and store such information (including Financial Account History, collectively “Financial Information”) for the purpose of providing the Service to you. By providing access to Financial Information, you agree that the owner of such Financial Information has expressly agreed that, without any particular time limit, and without the payment of any fees, Tally and its Service Providers may use the Financial Information in connection with the Service.
By using the Service, you authorize us and our Service Providers, as your agents, to access your Financial Account History maintained by financial institutions on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes, you give Tally and its Service Providers an irrevocable limited power of attorney, which is coupled with an interest, and you appoint Tally and its Service Providers as your true and lawful attorney-in-fact and agent, with full powers for you and in your name and all capacities, to access third party Internet sites, servers or documents, retrieve information, and use your information with the full power and authority to do and perform each and every act and thing in connection with such activities or the Service, as you might or could do yourself. YOU AGREE THAT WHEN TALLY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES AND FINANCIAL INSTITUTIONS, TALLY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
You agree that third parties may rely on this authorization, agency and power of attorney granted by you.
In addition, Tally and its Service Providers may use, modify, display, distribute and create new material using Financial Information to provide the Service to you. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided by or about you, may be used by us or our third party vendors to conduct certain analytical research, performance tracking and benchmarking. We or our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including, helping to improve products and services and assisting in troubleshooting and technical support.
H. You can close your Tally Save Account
You may contact us at email@example.com to close your account. If there is a balance in your Tally Save account, we will first require you to transfer the balance back to your linked bank account or apply the money to a credit card balance before we close the account.
I. Your Tally Save account will be dormant if you do not log in for two years.
If you do not log in to your Tally Save account for two or more years, Tally may close your account and send the balance to your linked bank account or your primary address (if available, and if we have verified the required identifying information that you have provided to us). If we cannot return the funds, we may leave your account dormant for a period, or if required, we will escheat (send) your balance to your state of residency. Tally will determine your state of residency based on the identifying information you provided when you set up your Tally Save account. If your address or state of residence is unknown, the funds will be escheated to the State of Delaware. Where required, Tally will send you an email notice before escheating any funds in your Tally Save account. If you fail to respond to this notice, your Tally Save balance will be escheated to the applicable state. If you would like to claim any escheated balance from the applicable state, please contact the applicable state’s unclaimed property administrator.
III. When you use Tally Save, you can earn rewards.
When you use Tally Save, you can also earn promotional points, which, if certain criteria are met, are redeemable for gift cards or for contributions to charity: water, a 501(c)(3) nonprofit organization.
A. When you register for Tally Save, you are also enrolled in the Tally Save Rewards Program.
When you open your Tally Save account, you are automatically enrolled in the Tally Save Rewards Program. You can accrue points in two ways:
- You’ll earn points when you complete certain actions within the Tally Save application. For example, we may award points when you meet your savings goal several weeks in a row.
- You’ll earn points when you share Tally Save with others. For example, we may award points if you refer friends and family to use the Tally Save application, they open a Tally Save account, and set up auto-deposit.
The number of points you can earn for actions will be reflected in the application. The number of earnable points will vary with each action, and will be set by Tally.
Each time you earn points, we will update your point balance. Your current point balance will be visible when you are logged in to your Tally Save account in the right-hand top corner of the application.
If you believe you validly earned points that were not posted to your points balance, please contact us within 60 days of the date on which you believe you should have earned the points at firstname.lastname@example.org or 866-508-2559. Your points may not show up immediately in the Tally Save app if your transaction has not settled or is delayed.
You may redeem the points you earn for gift cards to various merchants. When you redeem your points for a gift card, Tally will send an email to the email address you provided when you set up your Tally Save account with a gift card code.
The available gift cards and participating merchants may change at Tally’s discretion. The merchants represented by the available gift cards are not sponsors of the Tally Save application or the Tally Save rewards program or the Service, nor are they affiliated with Tally. Some gift cards may have additional terms and conditions, including terms and conditions from our partners and merchants who ultimately fulfill the reward.
When you redeem points for a gift card, the transaction is final. We cannot refund points once a redemption occurs.
2. Donations to charity: water
You can also use your reward points towards a donation to charity: water, a 501(c)(3) nonprofit registered in the United States. You can donate your reward points to provide a certain number of days of clean water for an individual. At approximately the end of each month, Tally will make a donation to charity: water equal to the total value of the donated reward points per days of clean water. The cost of providing a day of clean water to an individual is calculated by charity: water.
Once your reward points are donated, the transaction cannot be reversed or undone.
You should consult a tax adviser regarding whether this donation is deductible under U.S. tax rules and regulations.
3. Limitations on Participation in the Tally Save Rewards Program
Tally may limit your ability to participate in the Tally Save Rewards Program, at Tally’s discretion. If you do not comply with the terms of this agreement, Tally may decide you cannot participate in the Tally Save Rewards Program. If Tally believes you attempted to earn points in a fraudulent way, Tally may eliminate all of your points, cancel your Tally Save account, and eliminate your access to the Tally Save application.
We may implement limitations on your use of points. For example, we may limit the number of points you can earn or use within certain periods of time.
Your points are not property. You cannot transfer your points to another person or another Tally Save account. You also cannot transfer points through a legal procedure, such as an inheritance.
It is your responsibility to determine whether you may be liable for any federal, state, or local income tax as a result of using points earned in the Tally Save Rewards Program.
III. Additional information about your use of Tally Save.
A. Tally may contact you at your mobile device or email.
By agreeing to these Terms you are giving your express consent in writing to be contacted by us through your mobile device (we may or may not use an automated dialer) or by email for any reason in connection with the Service.
From time to time, we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Alerts may be sent to you in certain situations, e.g., changes in your registration information or material changes to these Terms. You may also create voluntary Alerts customized to suit your own preferences. To the extent not prohibited in accordance with applicable law, we may add or delete categories of Alerts from time to time.
Alerts may be sent to your email address and, based on your preferences, communicated by additional means, such as, by pop-up notices on your mobile device. Since Alerts may include financial information or personal data, please be aware of the methods you choose to receive Alerts in order to safeguard your information.
Please be aware that Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the accuracy or timely arrival of any Alerts.
B. Signing up for the Tally Save Wait List does not guarantee that you are eligible for a Tally Save account.
C. You are responsible for the cost of accessing Tally Save through your mobile device.
Use of the Service may be made available through a browser on a mobile device or through an application running on a mobile device. You are responsible for all costs incurred by you with respect to using the Service on a mobile device, including data usage fees and other telecommunications fees.
D. From time to time, we may change these Terms.
We reserve the right, at our discretion, to change these Terms on a going forward basis at any time. Although we may make a reasonable attempt to notify you if we make any changes that materially modify your rights or obligations via email, text to your mobile phone or other agreed-to method, please check these Terms periodically for changes. 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 use of the Service. All other changes are effective upon publication of the changed Terms.
E. Tally Save and the Service are the intellectual property of Tally.
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 for commercial use. You agree not to reverse engineer or reverse compile any of the Service technology,
The Site, its content, any materials downloaded, and all intellectual property relating to the Site (including copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Tally or third parties and all right, title and interest them remain the property of Tally and/or such third parties (collectively, the “Content”). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You are authorized only to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for the purpose of transacting business with Tally. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Internet, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Tally. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents or information obtained from the Site other than in connection with completing information required to transact business with Tally.
F. When you use Tally Save, you agree to respect Tally’s site security.
As a condition of your use of the Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Tally client or user of the Site; (iii) probe, scan or test the vulnerability of the Site or the Tally network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. If you violate our system or network security, it could result in civil or criminal liability to you.
G. Certain conduct is prohibited when using Tally Save or the Service.
BY USING THE SERVICE YOU AGREE NOT TO:
Use the Service for any illegal purpose, or in violation of any local, state, national, or applicable 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 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 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 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, procedures or operations of such networks, equipment, or servers;
Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
Sell or otherwise transfer Service access or any Service-related content or any right or ability to view, access, or use any Service-related content or materials;
Provide Financial Information to us which you do not have the authority to provide;
Open more than one Tally Save account;
Use the Feature to make payments to anyone outside the United States or its territories, make payments to unlawful Internet gambling sites, make payment to or at the direction of any government agency or entity, or make any court-ordered payments;
Attempt to do any prohibited conduct, or assist or permit any persons in engaging or attempting to engage in any prohibited conduct.
H. We reserve the right to terminate your use of Tally Save and discontinue or modify the Service.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your Tally Save account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com.
I. We cannot control the services and resources we link to in these Terms, the Service, or the Site.
The Site may contain links to outside services and resources, the availability and content of which Tally does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of their web sites. Tally does not assume any responsibility or liability for the actions, products, and content of these and any other persons. Any concerns regarding any such services or resources should be directed to the service or resource.
J. Disclaimer of Warranties
PLEASE READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
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. TALLY EXPRESSLY DISCLAIMS 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
TALLY MAKES 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 TALLY OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
K. Limitation of Liability
PLEASE READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU AGREE THAT TALLY OR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF TALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARMS, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS 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; or (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY OTHER PERSON.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HOWEVER, EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the extent permitted by applicable law, you agree to protect and fully compensate Tally and its affiliates from any and all claims, losses, damages, penalties, fines, forfeitures, legal fees (including legal fees incurred in connection with the enforcement of your indemnification obligation) and related costs, judgments, and any other costs, fees and expenses incurred by Tally or its affiliates 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.
Any failure by Tally to exercise any rights or enforce any of these Terms is not a waiver of such rights or terms. If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, will not be affected, and each provision will be valid and enforced to the fullest extent permitted by law.
N. Dispute Resolution and Arbitration
THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.
GENERALLY. In the interest of resolving disputes between you and Tally in the most expedient and cost effective manner, to the extent permitted by applicable law, you and Tally agree that any and all disputes arising in connection with the Service will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Service, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Service.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TALLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.
EXCEPTIONS. We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, or (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.
ARBITRATION RULES. Any arbitration between you and Tally will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Tally will pay all arbitration fees and expenses.
HEARING. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules.
NO CLASS ACTIONS. YOU AND TALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tally agree otherwise, the arbitrator may not join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
ENFORCEABILITY. You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of these Terms in effect at the time of demand or action, and not the time of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court. If class actions provisions are found to be unenforceable or if the entirety of the arbitrations provisions are found to be unenforceable, then the entirety of the arbitration provisions will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Governing Law Section below will govern any action arising out of or related to these Terms.
O. Governing Law
To the extent permitted by applicable law, (i) these Terms will be governed by the laws of the State of California without regard to conflict of law principles, and (ii) to the extent that any lawsuit or court proceeding is permitted under these Terms, we both agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
P. Contact Information
The Services are offered by Tally, located at P.O. Box 411165, San Francisco, CA 94141. You may contact us by sending correspondence to this address or by emailing us at firstname.lastname@example.org. Tally is available Monday through Friday from 8 a.m. to 5 p.m. Pacific Time. If you would like these Terms emailed to you, please email us at email@example.com and request a copy to be sent to your email address.