MEMBERSHIP TERMS AND CONDITIONS
Last Revised: May, 2020
The following membership terms and conditions (the "Membership Terms") constitute an agreement between you ("you" or "your") and theSkimm, Inc. and its affiliates, successors and assigns (collectively, "theSkimm", "us", "our" or “we") regarding your membership (“Membership”) with theSkimm Money Application (the “App”).
BY REGISTERING FOR MEMBERSHIP, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE MEMBERSHIP TERMS. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP AND SERVICES RELATED THERETO SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE OF THE APP (THE “APP TERMS OF SERVICE”) IN ADDITION TO THESE MEMBERSHIP TERMS.
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
IN ADDITION, SECTION 5 BELOW EXPLAINS THAT MEMBERSHIPS TO THE APP (AND CHARGES RELATED THERETO) RENEW AUTOMATICALLY, AND HOW TO CANCEL THEM. PLEASE READ SECTION 5 CAREFULLY.
Membership with theSkimm entitles you to several benefits (“Membership Benefits”), including, without limitation:
Skimm Money Bundle which is comprised of:
Access to and use of theSkimm’s Money App
Access to theSkimm Money private Facebook group
Weekly personalized emails providing status updates on your savings with the Money App, updates from the community, and overviews and analyses on national and global news affecting the financial markets and your wallet
theSkimm, in its sole and absolute discretion, may make changes or modifications to Membership, the Membership Benefits, and these Membership Terms (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to our website. Your continued Membership after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of these Membership Terms as last revised. We will notify you in advance of any changes are made to our Membership fees (if any), payment terms (if applicable), or cancellation policy.
Membership is available only to individuals who can form legally binding contracts under applicable law. By registering for Membership, you represent and warrant that you are at least eighteen (18) years of age.
If you would like to become a member, you must create an account with the App, including a sign-in name ("Sign-In Name"), a password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you agree to provide accurate, current and complete information about yourself and to promptly update this information to maintain its accuracy. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of any information you provide, as well as for any use, misuse, or communications entered through your account. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. theSkimm will not be liable for any loss or damage caused by any unauthorized use of your Membership information.
theSkimm has the right to delete, change, suspend or terminate your Membership, your Sign-In Name and Password, and/or these Membership Terms in our sole discretion at any time and for any reason, and to refuse any and all current or future use of the Membership Benefits and/or the App if it suspects that such information is inaccurate or incomplete.
As of the present date, theSkimm does not charge for Membership. TheSkimm reserves the right to charge a fee for Membership in the future upon written notice. We will update these Membership Terms at such time.
By registering for Membership, or accessing and/or using the App, you specifically agree to receive and/or obtain any and all Electronic Communications (as defined below) via the App, email or SMS text messages. This includes Electronic Communications related to your Membership account from theSkimm’s third party service providers. You specifically consent to receive electronic mail (email), SMS text messages, and online communications and disclosures regarding your account instead of by regular mail. Except as noted below or otherwise at our discretion, communications will not be furnished on paper. Your consent will apply to all information we send to you, or disclose or communicate to you online, relating to your account, including monthly billing statements (if applicable), and any disclosures that are required by law to be in writing.
The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you relating to any documents you sign, as well as such other documents, statements, data, records and any other communications regarding your Membership. You accept Electronic Communications provided via the App as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
Through your Membership, you may be offered discounts and promotions on third-party products and services, and you may be provided with links or access to third-party websites that are not owned or controlled by theSkimm. These benefits are provided solely as a convenience to you and do not constitute an endorsement by theSkimm of any such third-party products or services, the party manufacturing or selling the products, the content on such third-party websites, nor of the business practices of the parties operating those websites. theSkimm has no control over and assumes no responsibility for the products, services, content, terms and conditions, privacy policies, or practices of any third party. BY REGISTERING FOR MEMBERSHIP, YOU EXPRESSLY RELEASE THESKIMM FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO, PURCHASE, AND/OR USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, OR WEBSITES.
You agree to indemnify and hold harmless theSkimm, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in relation to your breach of these Membership Terms or your misuse of the App. theSkimm reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
MEMBERSHIP AND THE APP ARE AVAILABLE "AS IS” AND “AS AVAILABLE." THESKIMM DOES NOT WARRANT THAT THE APP OR YOUR MEMBERHSIP WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE APP OR MEMBERSHIP.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE APP AND YOUR MEMBERSHIP. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY OF THE APP OR AVAILABLE THROUGH LINKS IN THE FOREGOING OR OTHERWISE RELATED TO MEMBERSHIP.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH OUR MEMBERSHIP AND THE APP IS FOR INFORMATIONAL PURPOSES ONLY. MUCH OF OUR CONTENT COMES FROM THIRD-PARTY SERVICE PROVIDERS. WE HAVE NO OBLIGATION TO REVIEW OR VET OUR THIRD-PARTY SERVICE PROVIDERS, OR ANY CONTENT OR MATERIALS, OR TO UPDATE ANY CONTENT OR MATERIALS, PROVIDED BY THESE THIRD-PARTY SERVICE PROVIDERS. WE HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION AND CONTENT THAT IS PROVIDED TO OR OBTAINED BY YOU THROUGH YOUR MEMBERSHIP. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ALWAYS ADVICE FROM A QUALIFIED PROFESSIONAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE MEMBERSHIP TERMS, THESKIMM DOES NOT PROVIDE ANY TYPE OF FINANCIAL, INVESTMENT, SECURITIES, TAX, BROKERAGE, LEGAL, OR OTHER PROFESIONAL ADVICE OR SERVICES, INCLUDING RECOMMENDATIONS TO PURCHASE OR SELL ANY PARTICULAR SECURITY. YOU SHOULD CONSULT WITH YOUR OWN INVESTMENT, TAX AND LEGAL ADVISORS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, THESKIMM, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE YOUR MEMBERSHIP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR MEMBERSHIP SHALL BE LIMITED TO THE GREATER OF $100 OR THE MEMBERSHIP FEES PAID DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, IF ANY.
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
Compliance with Applicable Laws
TheSkimm is based in the United States and are only available to United States residents. We make no claims concerning whether any Membership content or content in our App may be downloaded, viewed, or be appropriate for use outside of the United States. If you access our website, the App, or any such content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of these Membership Terms, all disputes arising out of or related to these Membership Terms, including the scope, the construction or application of these Membership Terms, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services ("JAMS") then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by theSkimm at ITS sole discretion.
Nothing in these Membership Terms shall be deemed to confer any third-party rights or benefits. These Membership Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. These Membership Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of these Membership Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of these Membership Terms. Each covenant and agreement in these Membership Terms shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Membership Terms. These Membership Terms contain the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter, except for the App Terms of Service which remain in full force and effect.
If you have any questions about these Membership Terms, please contact us via email at founders@theSkimm.com or regular mail at the following address:
50 West 23rd Street, Suite 5B
New York, NY 10010
Copyright 2020 theSkimm, Inc. All rights reserved.
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