This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Value-Centered Management, Inc., a California corporation (“VCMI”), and located at inoutcash.com (“inoutcash.com”). By using inoutcash.com you agree to be bound by the terms and conditions of this Agreement and In & Out CMS’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

1. Acceptance of Terms

By using the information, tools, features and functionality located on inoutcash.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the inoutcash.com website) or you are a “Member” (which means that you have registered with VCMI). The term “you” or “User” refers to a Visitor or a Member (Free or Premium). If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement including Exhibits A & B and indicate your acceptance during the Registration process (or Login process). You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with VCMI. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy and your Personal Information

For information about VCMI’s data protection practices, please read In & Out CMS’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how VCMI treats your personal information when you access inoutcash.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. The Service

The Service is a personal cash management system that allows Members to consolidate and track their financial information on inoutcash.com. The Service also presents personal financial coaching, and information relating to complimentary VCMI products or services (“In & Out CMS’s Offers”). The Service is provided to you by VCMI with or without charge (premium and free version) and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, or tax advice. The Premium Service features are subject to the payment of fees set forth hereunder as Exhibit A, Premium Fees.

4. Use of the Service

Your right to access and use inoutcash.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use inoutcash.com for lawful purposes. Accurate records enable VCMI to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of inoutcash.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of inoutcash.com or other actions that VCMI, in its sole discretion, may elect to take.

5. Service Offered through Network Marketing

The Service is offered to you through a distributor of VCMI’s network marketing group and as such your membership is associated with a sponsor who referred you to In & Out CMS. The sponsor is an independent distributor and is not an employee of VCMI. VCMI compensates sponsors (referral fee) for each Premium subscription fulfilled. If you accept this Service you are entering into an agreement with VCMI, and not with the independent distributor.

6. Account Information from Financial Institutions

VCMI is under contract with a third-party account aggregation service provider who partners with thousands of online financial service providers to access Member’s Account Information. VCMI makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. VCMI is not responsible for the products and services offered by or on third-party sites, nor is

VCMI responsible for technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. VCMI cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as current as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.

7. Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. Your email address & password, together with any other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you become aware of any unauthorized use of your Registration Information, you agree to notify VCMI immediately at the email address - This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

8. Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH inoutcash.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. VCMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF inoutcash.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

VCMI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON inoutcash.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. VCMI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

9. Limits of Liability

VCMI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO inoutcash.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF VCMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VCMI’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY PREMIUM MEMBER TO VCMI UNDER THIS AGREEMENT FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE T SUCH CLAIM.

10. Service Disclaimer

NEITHER VCMI NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, OR TAX ADVICE. VCMI IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in managing your finances. Your personal financial situation is unique, and any information and advice obtained through the Service 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.

11. Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. VCMI does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that VCMI shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

12. Indemnification

You shall defend, indemnify and hold harmless VCMI and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

13. Licensing Rights

By submitting information, data, passwords, usernames, PINs, other Log-in information, materials and other content to VCMI through the Service, you are licensing that content to VCMI solely for the purpose of providing the Service. VCMI may use and store the content, but only to provide the Service to you. By submitting this content to VCMI, you represent that you are entitled to submit it to VCMI for use for this purpose, without any obligation by VCMI to pay any fees or other limitations. By using the Service, you expressly authorize VCMI to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. VCMI will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit VCMI to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant VCMI a limited power of attorney, and appoint VCMI as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN VCMI IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, VCMI IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD-PARTY. You understand and agree that the Service is not sponsored or endorsed by any third-parties accessible through the Service.

14. VCMI’s Intellectual Property Rights

The contents of inoutcash.com, including its “look and feel” photographs, editorial content, notices, software and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of inoutcash.com belong or are licensed to VCMI or its software or content suppliers. VCMI grants you the right to view and use inoutcash.com subject to these terms. You may download or print a copy of information provided on inoutcash.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from inoutcash.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

15. Access and Interference

You agree that you will not:

1. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
2. Use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor inoutcash.com or any portion of inoutcash.com, without VCMI’s express written consent, which may be withheld in VCMI’s sole discretion;
3. Post or transmit any file which contains viruses, worms, or any other contaminating or destructive features, or that otherwise interfere with the proper working of inoutcash.com or the Service; or
4. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search inoutcash.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers

16. Termination

This Agreement will continue to apply until terminated by either you or VCMI as set out below. If you want to terminate your legal agreement with VCMI, you may do so by closing your account for the Service. All terminated Premium Users who are entitled to a refund will comply with refund requirements stated in Exhibit B “Refund Policy”.

To cancel your account, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with a request to have your account deleted”. Your account will be closed and your ability to log in deactivated immediately. Your In & Out CMS account data will be removed within 48 hours subject to and as explained in our Privacy Policy.

VCMI may at any time, terminate its legal agreement with you:

1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
2. if VCMI in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

17. Modifications

VCMI may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the inoutcash.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

18. Governing Law

This Agreement, and your relationship with VCMI under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with VCMI, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Contra Costa County, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case VCMI may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, VCMI is able to offer the Service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with VCMI, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

19. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if VCMI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which VCMI has the benefit of under any applicable law), this will not be taken to be a formal waiver of VCMI’s rights and that those rights or remedies will still be available to VCMI. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and VCMI regarding the subject matter of the same, and supersedes all other previous agreements.

EXHIBIT A

PREMIUM SERVICE FEE

Premium Service Fee

 

Description	Unit	Rate	Total Amount
Premium Subscription to In&Out CMS	1	$9.95	$9.95/month
	1	$119.40	$119.95/year

 

 

Payment Terms

VCMI Premium Service Fees begin on the first day that the service is available for use by the Premium Subscriber, or upon expiration of the 30-day Premium Trial Period and monthly, or annually thereafter. You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that VCMI may change its minimum pricing at any time. User must supply VCMI with correct credit card information, and any changes in credit card validity or expiration date must be updated. VCMI will automatically renew and charge Premium User's account each month or year for subscriptions. The renewal charge will be equal to the original subscription price, unless VCMI notifies User otherwise in advance. If the credit card cannot be processed for any reason, VCMI reserves the right to cancel the Service.

EXHIBIT B

REFUND POLICY

Premium Subscription Refunds

Upon cancellation of a Premium Subscription Agreement paid on an annual basis, the Premium User will receive a 90% refund of the pro-rata amount remaining on the annual subscription. For example, if a Premium User’s Agreement is cancelled with four (4) months remaining on the annual term, he or she will receive a refund that is based on the four remaining months multiplied by 90%. Premium Subscription Agreements paid on a monthly basis are not eligible for a refund.

Montana Residents

A Montana resident may cancel his or her Premium Subscription Agreement within 15 days from the date of enrollment, and receive a full refund of the subscription fee

 

Last Updated ( Saturday, 23 January 2010 02:06 )