Worth Account USER AGREEMENT
You have purchased or enrolled in Worth Account ("Program") from Worth Unlimited, LLC, ("Worth") for the purpose of debt reduction or liquidation of mortgage and/or consumer debt and wealth building or wealth accumulation. Program package options are detailed below.
All packages include the following:
- One personal and secure system to accelerate the payoff of debt or liquidation of mortgage and/or consumer debt.
- Training options and coaching to help you use the Program.
- Free access to Client Support services for 6-months.
Package Option Details:
- Gold Package
Allows you to pay off up $80,000 of non-mortgage related debt. - Platinum Package
Allows you to pay off up to 3 mortgages, with no limit to the total dollar amount of debt paid off or the number of non-mortgage related debts. - Platinum Plus Package
Allows you to pay off up to 10 mortgages, with no limit to the total dollar amount of debt paid off or the number of non-mortgage related debts.
Requirements
Access to a computer system with Internet connection and to both a checking account and a savings account is required to use this Program. If you do not have a line of credit (LOC) for use with the Program, you will need to use your checking and savings accounts as directed by the Program.
UNAVAILABILITY OR CANCELLATION OF A LINE OF CREDIT OR INCREASE OF YOUR INTREREST RATE (IF YOU HAVE OPTED TO USE A LINE OF CREDIT WITH THIS SYSTEM) IS NOT GROUNDS FOR REFUND OF THE PURCHASE PRICE.
Worth IS WILLING TO LICENSE THE HARDWARE, CARTRIDGES, FIRMWARE AND SOFTWARE OF THE PROGRAM TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS Worth Account USER AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE PROGRAM OR ANY OF ITS ASSOCIATED COMPONENTS, YOU ACCEPT THE TERMS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PROGRAM AND YOU SHOULD PROMPTLY CONTACT Worth DURING THE ABOVE THREE DAY RESCISSION PERIOD (5 IN ALASKA) FOR TERMINATION OF ALL ACCESS TO THE PROGRAM.
- Definitions "Software" means any machine readable materials (including, but not limited to, source code, compiled code, algorithms, libraries, source files, header files, and data files), any updates or error corrections provided by Worth, and any user or owner manuals, programming guides and other documentation provided to you by Worth under this Agreement. "Firmware" means any encoded information provided on any chip or microprocessor of the Program including, but not limited to, source code, compiled code, algorithms, libraries, source files, header files, and data files, and any updates or error corrections provided by Worth. "Hardware" means any physical component that is part of or sold with the Program, including but not limited to Program cartridges used with the Program that contain images or fonts. "Documentation" means any documents provided with the Program when purchased, including but not limited to the user's manual.
- License to Use Subject to the terms and conditions of this Agreement, Worth grants you a non-exclusive, non-transferable, limited license without license fees to use the Program and any associated Software, Firmware and Hardware.
- Restrictions Software and Firmware are confidential and copyrighted. Title to Software, Firmware and Hardware and all associated intellectual property rights is retained by Worth. Unless enforcement is prohibited by applicable law, you may not (i) de-compile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from the Program or Worth's website; (ii) resell or transfer the Program or Worth's website or use of or access to the Program or Worth's website; (iii) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Program or Worth's website, except as otherwise provided in this Agreement, for any purpose; (iv) download or save a copy of any of the screens appearing in the Program or Worth's website for any purpose; (v) use or otherwise export or re-export the Program or Worth's website in violation of the export control laws and regulations of the United States of America; (vi) use the Program or Worth's website for more than one real property per Program; (vii) knowingly designate any competitor (or employee or agent thereof) of Worth as a user; or (viii) knowingly otherwise allow access to the Program or the Worth website to a competitor of Worth. In the event that a Competitor is allowed access to the Program or Worth's website you acknowledge that Worth may terminate your access to the Program or Worth's website without any refund of the activation fee and seek all available remedies by law and as provided in this Agreement. No right, title or interest in or to any trademark, service mark, logo or trade name of Worth or its licensors is granted under this Agreement.
- Necessary Equipment You shall be solely responsible, at your own expense, for providing all Internet access, including but not limited to acquiring, installing and maintaining all telephone equipment, Internet access, hardware, software and other equipment as may be necessary to connect to, access, and use the Worth website.
- Line of Credit Conditions (If you have opted to use a Line of Credit with this system) You may have qualified for a LOC as a precondition to purchasing the Program. You acknowledge that the terms of your LOC are between you and your financial institution; that the terms of the LOC may allow your financial institution to raise or lower your available credit and/or interest rate; that the lowering of your available credit or increase of your interest rate by your financial institution will affect the performance and results of the Program; and you hereby waive and absolve Worth from all liability, indirect, incidental, special or consequential damages that may result from your financial institution changing your credit limit or interest rate. UNAVAILABILITY OR CANCELLATION OF A LINE OF CREDIT OR INCREASE OF YOUR INTEREST RATE IS NOT GROUNDS FOR REFUND OF THE PROGRAM PURCHASE PRICE.
- Termination This Agreement is effective until terminated. This Agreement will terminate immediately without notice from Worth if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any of the Software, Firmware or Hardware become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Worth will terminate this Agreement immediately, without notice, if you fail to comply with any provision of this Agreement.
- Limitation Of Damages YOU HEREBY AGREE AND HOLD HARMLESS Worth, AND ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SUBCONTRACTORS, VENDORS OR SERVICE PROVIDERS FROM ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN TORT OR CONTRACT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA OR CONTENT, LOSS OF PURCHASE PRICE OR DIMINUTION IN THE VALUE OF THE TRANSACTION CONTEMPLATED BY THE AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION 8 ALLOCATES THE RISKS BETWEEN YOU AND Worth, AND YOU ACKNOWLEDGE THAT Worth'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Worth'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR PURCHASE PRICE FOR THE PROGRAM.
- Trademarks and Logos You acknowledge and agree as between you and Worth that Worth owns the Program and Worth trademarks and all Program and Worth-related trademarks, service marks, logos, and other brand designations. You shall not use the Worth Marks for any purpose without the express written consent of Worth. All authorized and unauthorized use of the Worth Marks inures to Worth's benefit.
- Governing Law Any action related to this Agreement will be governed by Utah law and controlling U.S. federal law. You expressly agree and consent that the courts of Salt Lake County, State of Utah shall have exclusive jurisdiction over all actions arising from, out of, or with respect to this Agreement.
- Severability If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
- Integration And Representations This Agreement is the entire agreement between you and Worth relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT NEITHER THE PROGRAM, Worth, NOR ITS INDEPENDENT AGENTS HAVE PROVIDED YOU WITH ANY TAX, FINANCIAL OR LEGAL ADVICE. Worth IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Program is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Program may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
PREMIUM FEATURES
Premium Features ("PREMIUM") are optional features that work in conjunction with your Program and are serviced by Connect Client Services, LLC ("CCS"). Depending on the package you purchased or enrolled in, PREMIUM may be included or may be purchased by paying a monthly or annual service fee. By paying the service charge for PREMIUM or by accessing and using PREMIUM, you hereby agree to the following terms and conditions for use of PREMIUM. The charge for PREMIUM may change upon the sole discretion of CCS with 30 days prior notice. Unless canceled by you as set forth below, you agree to pay the charges as published. Payment shall be adjusted upon the first month following publication date of new pricing. You can cancel PREMIUM at any time with 30 days notice to CCS by calling 877-676-5638; please have your Client Identification number available.
TERMS AND CONDITIONS OF THE ACCOUNT CONNECT SERVICE
Provide Accurate Information You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights 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. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
Content You Provide You are licensing to CCS and its service providers, including Yodlee, Inc. ("Yodlee"), any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the service. CCS and Yodlee may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, CCS and Yodlee may use the Content for the purposes set out above. As between CCS and Yodlee, CCS owns your confidential account information.
Third Party Accounts By using the service, you authorize CCS and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant CCS and Yodlee a limited power of attorney, and you hereby appoint CCS and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDE AND AGREE THAT WHEN COMPANY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, CCS AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
Disclaimer of Warranties 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. CCS and Yodlee expressly disclaim 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, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. CCS and Yodlee make 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 CCS or Yodlee through or from the service will create any warranty not expressly stated in these terms.
Limitation of Liability You agree that neither CCS or Yodlee nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if CCS or Yodlee has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transmissions 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; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the service.
Indemnification You agree to protect and fully compensate CCS and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) 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. You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.
Worth Account
LIMITED WARRANTY
What Does This Warranty Cover? Worth Unlimited, LLC ("Worth") warranties that customer's "Years to Pay Off" date ("Payoff Date") as shown on the Worth Account program (the "Program") is accurate based upon the financial data provided by customer and customer's following the prompts and money transfers as directed by the Program. Additionally, Worth warranties that customer will be able to access the software over the internet via a web portal (or through a downloadable format, at the sole discretion of the company) and that customer's personal data will be stored on protected secure servers.
How Long Does The Coverage Last? This warranty lasts for as long as customer uses the Program. Coverage terminates if customer stops using the Program, loads inaccurate data, or fails to follow the money transfers as directed by the Program.
What will Worth Unlimited Do? In the event that customer's debts are not paid off by the Payoff Date and customer has followed all money transfers as directed by the Program, Worth will refund the purchase price of the Program excluding any finance charges that have been paid. If customer is not able to access the Program, Worth will troubleshoot customer's issues. If it is determined that customer's inability to access the Program is due to an issue with Worth and Worth is unable to resolve customer's access issue within thirty days of receiving notification of Worth's error, customer shall be entitled to a refund of the purchase price of the Program excluding any finance charges that have been paid. Under no circumstances will Worth be liable for any monetary amount beyond refunding the purchase price of the program.
What Does This Warranty Not Cover? This warranty does not cover any access problems to the Program due to customer's equipment, computer, internet browser, or ability to access the Internet. Nor does this warranty cover any inability to use the Program due to a change in customer's personal or financial circumstances such as loss of employment, death or disability. Nothing in this warranty shall be implied to cover unavailability of lines of credit or changes to lines of credit or mortgages.
How Do I Get Service? Problems with access to the Program or questions about the Payoff Date can be addressed by calling 877-576-5563, emailing support@worthunlimited.com or sending a letter to:
Worth Unlimited
120 E 13065 S
Draper, UT 84020
How Does State or Provincial Law Apply? This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or from province to province.
SCHEDULE B - PRIVACY POLICY DISCLOSURE
(Protection of the Privacy of Personal Non-Public Information)
Respecting and protecting customer privacy is vital to our business. By explaining our Privacy Policy to you, we trust that you will better understand how we keep our customer information private and secure while using it to serve you better. Keeping customer information secure is a top priority, and we are disclosing our policies to help you understand how we handle the personal information about you that we collect and disclose. This notice explains how you can limit our disclosing of personal information about you. The provisions of this notice will apply to former customers as well as current customers unless we state otherwise.
THE PRIVACY POLICY EXPLAINS THE FOLLOWING
- Protecting the confidentiality of our customer information
- Who is covered by the Privacy Policy
- How we gather information
- How you can obtain access to the information we have collected about you
- The types of information we share, why, and with whom
- Opting Out - how to instruct us not to share certain information about you or not to contact you.
PROTECTING THE CONFIDENTIALITY OF CUSTOMER INFORMATION
We take our responsibility to protect the privacy and confidentiality of customer information very seriously. We maintain physical, electronic, and procedural safeguards that comply with applicable legal standards to store and secure information about you from unauthorized access, alteration, and destruction. Our control policies, for example, authorize access to customer information only by individuals who need access to do their work.
WHO IS COVERED BY THE PRIVACY POLICY?
We provide our Privacy Policy to customers when they conduct business with our company. If we change our privacy policies to permit us to share additional information we have about you, as described below, or to permit disclosures to additional types of parties, you will be notified in advance and asked for any required consent. This Privacy Policy applies to consumers who are current customers or former customers.
HOW WE GATHER INFORMATION
As part of providing you with financial products or services, we may obtain information about you from the following sources:
- Forms and other information that you provide to us, whether in writing, in person, by telephone, electronically, or by any other means. This information may include your name, address, employment information, and income.
- Your transaction with us, our affiliates, or others. This information may include your account balances, payment history, and account usage.
- Public sources. This information may include real estate records and telephone numbers, etc.
ACCESS TO INFORMATION
You may make inquiries regarding personal information collected by us about you in our custody and control by calling us at 877-576-5563 or writing to the address indicated below. You may also request that we correct any errors regarding such information, provided that you notify us in writing of such errors and provide us with reasonable time to review your request. We will investigate the matter and, if reasonable to do so, we will correct any errors in your information. To correct errors, you can call us at the number above followed by confirmation in writing at the address below.
INFORMATION WE SHARE
We may disclose information we have about you as permitted by law. We are required to or we may provide information about you to third parties without your consent, as permitted by law, such as:
- To our third party partners and suppliers who help us to provide products, services or software.
- To regulatory authorities and law enforcement officials
- To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability
- To respond to a subpoena or court order, judicial process or regulatory authorities
- In connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or an operating unit, etc.
We do not provide non-public information about you to any company whose products and services are being marketed unless you authorize us to do so. These Companies are not allowed to use this information for purposes beyond your specific authorization.
OPTING OUT
We also may share information about you within our corporate family of offices. We may share all of the categories of information we gather about you, including identification information (such as your name and address), application information (such as your income), your account transactions and experiences with us (such as your payment history), and information from other third parties(such as your employment history). By sharing this information we can better understand your financial needs. We can then send you notification of new products and special promotional offers that you may not otherwise know about. You may prohibit the sharing of application and third-party credit-related information about you as described in this notice, just check the appropriate option to indicate your privacy choices.
- Please do not share personal information about me with non-affiliated parties.
- Please do not share personal information about me with any of your affiliates except as necessary to effect, administer, process, service or enforce a transaction requested or authorized by myself.
- Please do not contact me with offers of products or services by mail.
- Please do not contact me with offers of products or services by telephone.
Name
Address
City, State, ZIP Code
Phone Number
Signature
Date
Worth Unlimited
120 E 13065 S
Draper, UT 84020
877-576-5563
NOTICE OF RIGHT TO CANCEL
Copy 1
Date of transaction: 2/15/2019
You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Worth Unlimited, 120 E 13065 S, Draper, UT 84020 NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
I HEREBY CANCEL THIS TRANSACTION.
Buyer's Signature
Date
Print Name
Buyer's Phone Number
NOTICE OF RIGHT TO CANCEL
Copy 2
Date of transaction: 2/15/2019
You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Worth Unlimited, 120 E 13065 S, Draper, UT 84020 NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
I HEREBY CANCEL THIS TRANSACTION.
Buyer's Signature
Date
Print Name
Buyer's Phone Number