Terms of Use and Privacy Policy

1. AGREEMENT

   This Terms of Use Agreement ("Agreement") is made by and between Mpower Financial, LLC, a New Jersey limited liability company, with offices in Long Valley, NJ (herein "MF", "we", "us", or "our") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site, www.cashflownavigator.com (the "Site") and all information, e-books, documents, communications, files, images, text, graphics, descriptions, products and services available through the site (collectively, the "Materials") and all services operated by MF and third parties through the site (collectively, the "Services").

   BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER SOFTWARE, SERVICES, WEBSITES OR ANY OF MF'S LICENSEES' SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.

   MF RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AND POLICIES IN MF'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE.

   In consideration of your use of the Materials and Services, you represent that (a) you are at least 18 years old and are of legal age to form a binding contract, or have the permission of a legal guardian or parent, and (b) are not a person barred from receiving services under the laws of your jurisdiction.

2. DEFINED TERMS

   All user-supplied information, materials, text, communications, documents, videos, audio files, and photographs posted by you or another Site user on the Site pages are referred to collectively as "User Content." "MF Content" means all Materials and content provided by MF. User Content and MF Content may have different restrictions and conditions associated with them. A "Member" is a user who has registered and created a member account on the Site.

3. ACCESS TO THE SITE

   To access this Site or some of the resources it offers, such as e-books and certain interactive financial tools, you may be asked to provide certain registration and membership details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete. If MF believes the information you provide is not correct, current, or complete, MF has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

   Some features on the Site may enable you to import data from other locations. By making use of such features you represent that the content and information imported to this Site belongs to you and that such importation does not violate the intellectual property rights or other rights of a third party.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

   The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, MF does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

   In addition to the Materials and Services offered by MF, this Site also may make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate terms or license agreements that accompany such services. MF offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold MF responsible or liable with respect to the Third Party Services or seek to do so.

   Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the MF Content and User Content available on this Site subject to the following conditions:

   • You may not download or print any e-books or booklets made available on the Site.
   • The MF Content and User Content may not be modified or altered in any way.
   • You may not remove any copyright or other proprietary notices contained in the MF Content and User Content.
   • MF reserves the right to revoke the authorization to view, download, and print the MF Content and User Content available on this Site at any time, and any such use shall be discontinued automatically and immediately upon notice from MF.
   • The rights granted to you constitute a conditional license and not a transfer of title.

   The rights specified above to view, download, and print the MF Content and User Content available on this Site are not applicable to the design or layout of this Site. Such elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

5. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY

   The trademarks, logos, and service marks, including the Mpower Financial and "Cashflow Navigator" trademarks (the "Marks") displayed on this Site are the property of MF or other third parties. You are not permitted to use the Marks without the prior written consent of MF or such third party that may own the Marks.

   Unless provided expressly otherwise in this Agreement, MF (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the MF Content, the Services and the Materials, any modifications, improvements, upgrades, derivative works related thereto, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, Materials or the MF Content, or any intellectual property rights related thereto.

6. LICENSE TO MF FOR USER CONTENT

   Our Site accommodates User Content, including, but not limited to comments, reviews and forum and blog posts. By submitting any User Content to this Site you grant MF the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant MF a worldwide, perpetual, royalty-free, non-exclusive license to modify, compile, reproduce, sell, license and distribute such User Content. You understand that MF will have the right to use, reproduce, sell, sublicense and generally monetize the User Content you upload to the Site, and you expressly agree to such use by MF with no compensation or royalties to you. You also grant MF the right to publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site and for any other commercial purposes.

7. PROHIBITED COMMUNICATIONS AND PROFILE CONTENT

   You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by Us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

   If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Email@cashflownavigator.com.

9. USER CONDUCT

   In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.

   You may not access the Services or Materials if you are a direct competitor of MF, except with MF's prior written consent following your disclosure to MF of your status as a competitor. In addition, you may not access the Services or Materials for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Materials or the MF Content in any way or use it to provide services to a third party; (ii) copy, translate, modify or make derivative works based upon the Services or Materials or the MF Content; or (iii) create Internet "links" to the Services or Materials or "frame" or "mirror" any MF Content on any other server or wireless or Internet-based device.

10. MANAGING CONTENT AND COMMUNICATIONS

    MF reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. MF reserves the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized Use of this Site or Use that is deemed in violation of these Terms of Use. MF may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, MF will have no liability related to User Content. MF disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. You agree and represent that you are entirely responsible for all User Content that you upload, download, post, list, transmit or otherwise use or make available via the Site. Since we do not control the User Content posted on the Site we cannot and do not guarantee the accuracy, integrity or quality of such User Content.

11. WARRANTIES AND DISCLAIMERS

    Except as expressly provided otherwise in this Agreement or in a written agreement between you and MF, this Site, and all Materials and Services, including all the products, accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, MF makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations.

    You understand and acknowledge that (i) MF does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site; (ii) MF makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) MF shall not be liable or responsible for any content, products, or services offered by third parties.

    You further understand and agree that the MF Content is provided merely for informational purposes and nothing on this Site shall be taken or understood as specific advice for you. You understand that financial circumstances vary greatly and that this Site is intended to provide you with tools to manage your finances, but it is not intended to provide you with specific advice regarding your finances. You will not hold MF liable for any of the information or financial tools made available through the Site.

    The use of the Services or Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, financial injury or other harm that results from such activities or use of the Services and Materials on the Site. MF assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from MF or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

12. PERSONAL INFORMATION AND PRIVACY

    You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of MF or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

13. LIMITATION OF LIABILITY

    In no event, including, without limitation, negligence, shall MF, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of data, or profits, whether or not MF has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

14. INDEMNITY AND LIABILITY

    You agree to indemnify and hold MF, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use or your violation of any rights of another person or entity.

15. GOVERNING LAW AND JURISDICTION

    This Site (excluding linked sites) is controlled by MF from its offices within the State of New Jersey, United States of America. By accessing this Site, you and MF agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and MF also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within Morris County, New Jersey with respect to such matters. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

    Any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in Morris County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate MF's intellectual property rights, MF may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts.

    Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

16. GENERAL

    The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between MF and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by MF to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Privacy Policy

1. Our Commitment to Privacy:  Protecting your privacy and the personal information you provide us is a top priority for us. For this reason, we do not sell or rent your personal information to unrelated third parties for their marketing purposes without your explicit consent. We do share your information with our partners and affiliates and we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read this privacy policy to learn more about the policies and procedures we have put in place to achieve this goal. This notice describes our Privacy Policy. By visiting this site, you are accepting the practices described in this Privacy Policy.

   Note that the policies and procedures we describe here apply only to www.cashflownavigator.com (the "Site"). This privacy policy does not apply to the products or services provided by third parties that may be obtained or accessed through the use of the Site.

2. What Information is Collected: We collect personal information and non-personal information through the Site. Personal information is information that identifies you as an individual. Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

   Personal information. We may collect the following types of personal information:

   • a) Information provided by you when setting up a user Member account, including your name, zip code and email address.
   • b) Information you provide to us through customer service correspondence and general feedback in which you are identified.
   • c) If you opt to import your financial information from financial institutions you will be required to provide us with your bank account information. Importing financial information is an optional feature and you are not required to submit your bank of financial institution information if you feel uncomfortable doing so.

   Non-Personal information. When you visit the Site, we may collect non-personal information, such as a catalog of the Site pages you visit. Non-personal information is generally collected through the Site from the following sources: server log files, environmental variables, cookies, and other similar technologies and information that you voluntarily provide.

   • a) Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
   • b) Environmental Variables. We and our service providers may also collect certain environmental variables, such as computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.
   • c) Cookies and Similar Technologies. We and our service providers may use "cookies" or similar technologies on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by many websites, and can facilitate your ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer.
   • d) Information That You Voluntarily Provide. We also collect non-personal information (e.g., your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any personal information, such information is considered to be non-personal information, as it does not personally identify you or any other user. Additionally, we may aggregate personal information in a manner such that the end-product does not personally identify you or any other user of the Site. Such aggregate information is considered non-personal information for purposes of this Policy.

3. How and When the Information is Used?

   Personal Information. We may use personal information we collect in the following ways:

   • a) Internal Business Purposes. We may use personal information for our internal business purposes, such as data analysis, audits and customer service.
   • b) Fulfillment of Requests. We may use personal information collected about you to provide you with services or information that you request, including information and/or confirmation relating to the creation of your account or any changes made to it.
   • c) Administrative Communications. From time to time we may use personal information to send to you important information regarding the Site, or changes to our terms, conditions, rules and policies.
   • d) Marketing. In addition, we may also use personal information to enhance our information and to aid us in providing our customers with targeted promotions. You authorize us to use personal information to inform you of programs, services and promotions that we believe may be of interest to you, including but not limited to offer our products and services to you, or to make you aware of information, events or activities we sponsor. OUR AFFILIATES AND PARTNERS: Note that we share your email address with our affiliates and marketing partners for marketing purposes. Affiliates and Partners are parties with whom we are in a binding contract in which such other party has agreed in writing to not further disseminate your email address and to not use your email address without our prior consent.
   • e) Reminders. As a Site Member we may send to you, by email or text message, reminders about updating your monthly savings goal. Should you wish to not receive such reminder messages, you may opt out by changing your user preferences under My Communications Preferences in your Account Settings.

   Non-Personal Information. Because non-personal information does not personally identify you, we may use such information for any purpose. For example, we may collect and use data as a form of aggregate information to compile summary reports or statistics about net worth or cash flow data associated with all users or segments of users, or to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. In addition, we reserve the right to disclose such non personal information to other third parties, for any purpose.

4. Legal Requests.

   We cooperate with law enforcement authorities, as well as with other third parties, to enforce laws, intellectual property rights, and to prevent fraud. In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can, and you authorize us to, disclose your information.

5. How We Protect Your Information.

   The privacy and protection of your information is important to us. We therefore use practices that are consistent with standards in the industry to protect your privacy. Subject to the other sections of this Privacy Policy, we do not make any personal information available to third parties, other than our affiliates and partners, without your permission. Please note, however, that no transmission over the Internet or telephone can be fully guaranteed in its confidentiality and non-disclosure, and as such you transmit at your own risk.

   Your access to your user account is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected services at the end of your session. You are responsible for all actions taken with your login name and password. Your user password should be held in strict confidence. If you lose control of your password, you may lose substantial control over your account. Therefore, if your password has been compromised for any reason, you should immediately change your password. We offer you the ability to review and change your account information by logging onto the Site, and once logged in as a registered user, you may change your password and user preferences. Please contact us at Email@cashflownavigator.com if you are unable to change your password.

6. Consent. By using our website, you consent to the collection and use of your personal information as described in this Privacy Policy.
7. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes to our website. Any such changes will be effective 30 days from the time such new policies are posted, unless otherwise stated in the change.
8. Effective Date. This Privacy Policy is effective as of September 25, 2011.