Terms & Conditions
PLEASE READ CAREFULLY BEFORE USING THE MEASURED SITE, THE MEASURED APP, OR ANY OF MEASURED’S SERVICES. THESE TERMS INCLUDE AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.
Your use of our website, including any of its subdomains, and any other websites owned and hosted by Measured (together, our “Site”), and our mobile application (the “Measured App”, and together with our Site, the “Measured Platform”) is governed by these Measured Terms of Service (“Measured Terms”). By using or accessing our Site and/or the Measured App, you acknowledge that you have read, understood, and agree to comply with these Measured Terms and our Privacy Policy and that you agree to comply with them. You agree that these Measured Terms are the legal equivalent of a signed, written contract and constitute a legally binding agreement between us and you, as a user of the Measured Platform, and that you have read these Measured Terms, and accept, understand and will be bound by them. If you do not agree, you must not use our Site or the Measured App.
Our Site and the Measured App are operated by Measured Financial, Inc., its affiliates and agents. All references to “Measured,” “we” or “our” in these Measured Terms shall include affiliates, which shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Measured Financial, Inc.
If you have any comments, concerns or questions regarding these Measured Terms, please email us at [email protected]
1. Other Terms May Apply
We offer access to certain products and services through the Measured Platform, including, but not limited to, Financial Services (as defined below) (collectively, “Services”). Services accessed through the Measured Platform may be offered by us or by, or in conjunction with, third-party banks, broker-dealers, investment advisers, lenders, or other partners. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These Measured Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these Measured Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies.
Our Privacy Policy which sets out the terms on which we process any personal data we collect from you or that you provide to us, are incorporated into these Measured Terms by reference and also govern your use of the Measured Platform and our Services. By using or accessing any part of the Measured Platform and/or our Services, you agree to comply with our Privacy Policy.
2. These Terms May Change
We may update and amend these Measured Terms from time to time in our sole discretion, including by adding, deleting or modifying terms, which will be effective when posted on any part of the Measured Platform. Every time you wish to use our Site or the Measured App, please check these Measured Terms to ensure you understand the terms that apply to you at that time. Your continued use of the Site or the Measured App after the posting of any changes to these Measured Terms will mean that you accept and agree to the changes.
3. How to Access Our Services
In order to access or use any of our Services, you will be required to log into the Site or the Measured App and create an account (your “Measured Account”). To be eligible to use our Services, you must:
- Be a U.S. citizen – The Measured Platform and our Services are intended to be made available only to individuals who are legal residents of the fifty (50) United States or the District of Columbia. Nothing on the Measured Platform shall be considered a solicitation to sell products or services to any non-U.S. persons or to subject us to non-U.S. laws or regulations.
- Be of legal age in your state of residence – You must be at least 18 years old (or 19 years in Alabama or Nebraska) to use our Site or the Measured App or any of our Services.
- Provide your full legal name, address, telephone number, date of birth, social security number, identity of employer, and have a valid and unique email address.
We offer access to certain financial products and services (“Financial Services”) that may require establishing accounts through our Site or the Measured App, and which may be with a Measured entity or a third-party financial institution partner. Accessing and maintaining accounts to access these Financial Services may be subject to additional eligibility requirements and to Additional Terms, which will be disclosed to you before you sign up. We do not guarantee that you will qualify or be able to use any particular Financial Service, even if your Measured Account is in good standing.
Our Services May Change
We reserve the right to withdraw or amend any portion of our Site, the Measured App, and any Services we provide on or through the Measured Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Measured Platform or the Services is unavailable at any time or for any period. From time to time, we may restrict users’ access to some or all of the Measured Platform, the Services, or any part thereof.
4. Your Responsibilities
A. Account Security
You are responsible for maintaining the security of Credentials for your Measured Account. You should treat your Credentials, such as your name, username or password as confidential, and you agree not to provide any other person with access to any password- protected portion of the Measured Platform except as set forth in this Section.
Your Measured Account may include personal and sensitive information, including financial information. You agree that you are solely responsible for all activities that occur in connection with your Measured Account, username, and password. If you authorize a third party to access your Measured Account, then we may disclose your information with such third party or accept payments made on your behalf from such third party. Granting a third party authorization to take action on your behalf or use your information does not relieve you of any responsibilities under these Measured Terms.
You must immediately notify us of any unauthorized use of your Measured Account, password, username, or any other breach of security. You acknowledge and agree that you are solely responsible for any activities or actions carried out under your Measured Account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with this Section.
B. Providing Accurate and Updated Information
You certify that the information you provide to us at any point, including in connection with the registration process of your Measured Account or with the use of our Site, the Measured App or any Services, is true, accurate, current, and complete. You agree that you will maintain and update such information regularly.
You also agree to provide any information or documentation reasonably requested by us to verify your identity and other information provided by you. You agree that we or our agents may contact third parties to verify such information, including consumer reporting agencies, and you authorize us to share any information we collect about you with third- party sources or service providers to help us with these verification procedures.
C. Prohibited Activities
While using the Site or the Measured App, you agree to comply with all applicable laws, rules and regulations, in addition to these Measured Terms. We reserve the right to terminate your access to or use of the Site or the Measured App, any of the Services or your Measured Account (or any part thereof) if you fail to comply with any such law, regulation or rule or these Measured Terms.
You also agree not to use, or to assist or enable any others to use the Site, the Measured App, your Measured Account or any of the Services for any unlawful or fraudulent activity. This includes, but is not limited to the following:
- Breaching any applicable laws or regulations, agreements with third parties, third-party rights, or agreements with us or any of our third-party partners, including these Measured Terms and any Additional Terms;
- Selling or offering, or doing any activity that can be construed as selling or offering, or attempting to sell or offer, (i) pornography and other obscene materials, sexually-related services such as prostitution, escorts, pay-per-view, or adult live chat features; (ii) tobacco, weapons, or other regulated products or any other products that may have varying legal statuses, including on a state-by- state basis, (iii) unproven or risky health products or services; (iv) counterfeit goods or services, brand name or designer products or services in a way that is unauthorized, or goods or services that are illegally imported or exported or which are stolen; (v) deceptive or predatory products or services; (vi) any other goods or services as part of any pyramid scheme, network marketing or referral marketing programs; (vii) any other risky goods or services, as determined by us in our sole discretion;
- Providing false, inaccurate or misleading information to us or any of our third- party partners;
- Using any device, software, routine, file, or other tool or technology, including but not limited to any viruses, Trojan Horses, worms, time bombs or cancelbots, intended to damage or interfere with any of the Services or service to any user, host or network, or otherwise attempt to disrupt our business, or to surreptitiously intercept or expropriate any system, data, or personal information from the Site, the Measured App, any of the Services, or the Measured network;