Terms & Conditions

Effective: December 17th, 2016

Welcome, and thank you for your interest in WalletGyde, Inc. (“WalletGyde”, “we,” or “us”) and our Website at www.walletgyde.com (the “Website”), as well as all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Website, our “Service”). These Terms of Use are a legally binding contract between you and WalletGyde, Inc. regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR BY SIGNING A TESTING AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE OUR PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible to use the Services, or do not agree to these Terms, then please do not use the Service.

These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 20 below for the details regarding your agreement to arbitrate any disputes with WalletGyde, Inc.

  1. WalletGyde Service Overview.

    WalletGyde provides an application for managing cash flow and other financial data. Please note that the Service is meant only as an aid to assist you in organizing and managing your finances. The Service is not intended to provide any legal, tax or financial advice. The Service is intended only to assist you in your financial goals and decision making from a higher level, generalized perspective. You acknowledge that your personal financial circumstances are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.

  2. Eligibility.

    You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

  3. Payment.
    1. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    2. Your subscription for the Service will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team at support@walletgyde.com. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
  4. Accounts and Registration.
    1. To access the Service, you must register for an account. When you register you will be required to provide us with 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 be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@walletgyde.com. You should use particular caution when accessing the Service from a public or shared computer.
    2. In order to make full use of the Service we contract with third parties to access your financial transaction history at your financial institutions (“Financial Account History”) through the information you provide to those third party services, which create a unique, secure code to access your financial transaction history. In order to provide you with the Service, these third parties store your Financial Account History in their 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 third party providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution.
    3. By providing us with information, data, passwords, usernames, PIN codes or other login information, or other materials or content through the Service, you are thereby granting us and our third party contractors the right to use and store such information (including Financial Account History, collectively “Financial Information”) for the purpose of providing the Service to you or otherwise making use of such Financial Information as described in the Privacy Policy or as contemplated herein. By using the Service, you authorize these third parties, through us, to access your Financial Account History maintained by the relevant financial institution.
    4. We reserve the right to withdraw or amend this Website, the Service, and any other service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
  5. Alerts and Notices
    1. 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. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
    2. Alerts may be sent to your email address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
    3. Please be aware that any 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.
  6. Mobile Device Usage

    Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees.

  7. Prohibited Conduct

    BY USING THE SERVICE YOU AGREE NOT TO:

    1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
    3. post, upload, or distribute any User Content or other 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;
    4. interfere with security-related features of the Service, including without limitation 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;
    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation 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, or procedures of such networks, equipment, or servers;
    6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
    7. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials; or
    8. provide Financial Information to us which you do not have the authority to provide.
    9. attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
  8. Third-Party Services and Offers; Linked Websites.
    1. We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
    2. If the Website 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 linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  9. Termination of Use; Discontinuation and Modification of 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 user 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, without limitation, 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 support@walletgyde.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

  10. User Contributions
    1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
    2. All User Contributions must comply with the Prohibited Uses set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and nonproprietary. By providing any User Contribution on the Website, you grant WalletGyde and our respective licensees, successors and a nonexclusive, worldwide, irrevocable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
    3. You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WalletGyde, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
    4. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (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 Website, 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 DMCA Notices is:

      To Be Determined

      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 materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney's' fees) under Section 512(f) of the DMCA.

  11. Linking to the Website and Social Media Features
    1. You may link to the Website’s 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.
    2. This Website may provide certain social media features that enable you to:
      • Link from your own or certain third-party websites to certain content on this Website.
      • Send e-mails or other communications with certain content, or links to certain content, on this Website.
      • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

      You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

      • Establish a link from any website that is not owned by you.
      • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
      • Link to any part of the Website other than the homepage.
      • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
    3. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the requirements set out in these Terms of Use. 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.
  12. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the WalletGyde, Inc. Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The WalletGyde, Inc. Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
    2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services which subject to Section 13 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
  13. Changes to the Terms

    We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. 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 access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.

  14. Ownership; Proprietary Rights; Feedback
    1. The Service is owned and operated by WalletGyde, Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
    2. You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us a perpetual, worldwide, fully transferable, sublicensable, fully-paid, irrevocable, royalty-free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you, without obtaining your permission.
  15. Indemnity

    You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless WalletGyde, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "WalletGyde Financial Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

  16. Disclaimers; No Warranties

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WALLETGYDE FINANCIAL ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE WALLETGYDE FINANCIAL ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WALLETGYDE FINANCIAL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

    We DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.

    ALL FINANCIAL INFORMATION we receive from third parties OR YOU is not verified for accuracy by us.

    YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  17. Limitation of Liability

    IN NO EVENT WILL THE WALLETGYDE FINANCIAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE WALLETGYDE FINANCIAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WALLETGYDE FINANCIAL ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO WALLETGYDE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.

    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. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  18. Governing Law; Geographic Restrictions
    1. These Terms shall be governed by the laws of the State of Colorado without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the City and County of Denver, Colorado for the purpose of litigating all such disputes.
    2. WalletGyde is based in the United States. We provide this Website and the Service for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
  19. General

    These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and WalletGyde, Inc., regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

  20. Dispute Resolution and Arbitration
    1. Generally, in the interest of resolving disputes between you and WalletGyde, Inc. in the most expedient and cost effective manner, you and WalletGyde, Inc. agree that any and all disputes arising in connection with these Terms shall 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, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WALLETGYDE, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Notwithstanding subsection 20.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
    3. Arbitrator. Any arbitration between you and WalletGyde, Inc. 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, by calling the AAA at 1-800-778-7879, or by contacting WalletGyde, Inc.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). WalletGyde, Inc.'s address for Notice is:


      WalletGyde, Inc.
      PO Box 48060
      Denver, CO 80204

      The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or WalletGyde, Inc. may commence an arbitration proceeding.
    5. Hearing. Any arbitration hearings will take place at a location to be agreed upon in Denver, Colorado, 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 non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND WalletGyde, Inc. 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 WalletGyde, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications. In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
    8. Enforceability. If Subsection 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to these Terms
  21. Consent to Electronic Communications

    By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  22. Contact Information WalletGyde’s mailing address is PO Box 48060, Denver, CO, 80204. You may contact us by sending correspondence to the foregoing address or by emailing us at support@walletgyde.com.

Contact Us

Have any questions about your cash? Feel free to let us know.

WalletGyde, Inc.
Denver, CO 80203
P: (303) 324-0236
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