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Last Updated Date: August 2nd, 2021
Effective as of: May 1st, 2021
Please take a minute to read what is expected during the Coaching Program to be delivered by Bolder Money Inc., and the coaches contracted by Bolder Money Inc. (Bolder Money). These terms of service (“Terms”) are between you and Bolder Money, Inc. (“Bolder Money,” “we,” “our,” or “us”), and establish the terms that apply to you when you use the Service (as defined below).
BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. We are constantly improving the Service, so these Terms may need to change as we do. We can change these Terms at any time, and if we do, we will make reasonable efforts to provide you with prior notice of any material changes. Your continued use of the Service after any change to these Terms means that you accept the new version. You should consult these Terms each time you access the Service to view any changes. These Terms were last modified on the date indicated above.
AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN A DISPUTE. YOU CAN OPT OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING coaches@boldermoney.com WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
Please review our Privacy Policy (located at https://www.boldermoney.com/privacy) which explains how we collect, use, and share information about you when you access or use the Service. By accepting these Terms, you consent to our use of data in accordance with the Privacy Policy.
1. Use of the Service.
A. Service. The “Service” includes: (1) Bolder Money’s website (located at https://boldermoney.com) (the “Site”) as may be updated, relocated, or otherwise modified from time to time; (2) the financial coaching sessions which may be conducted via video conference, text-messaging or phone (“Coaching Sessions”); and (3) all content on the Site, Budgeting Tool, related websites and networks, and all intellectual property rights arising out of or related to the foregoing. Any person who accesses or uses the Service, whether on their own behalf or on behalf of any third party, is a “User.” Any User who purchases Coaching Sessions and/or creates an account is also a “Member.”
B. Right to Access. Subject to your compliance with these Terms, Bolder Money hereby grants you access to the Site, solely for your personal use.
2. Accounts; Registration; Restrictions.
A. Accounts. To access most features of the Service, Users must register for an account. You must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
B. Accuracy of Information. You acknowledge that if you provide any information to us that is not current, complete, or accurate, Bolder Money may terminate these Terms and your continued access and use of the Service. You agree to update your information if it is no longer current, complete, and accurate.
C. Eligibility. You represent and warrant that: (1) you are at least 18 years of age; (2) you have not been previously suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with all applicable laws. The Service is intended for Users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
D. Credentials. As part of the registration process, you might be asked to select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Bolder Money immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at coaches@boldermoney.com. You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You may not share your login credentials with any third party. Bolder Money will not be liable for any loss that you incur as a result of someone else using your login credentials or account.
E. Your Responsibilities. You may use the Service solely for lawful purposes, and you may not (and you may not allow or assist any third party to):
(1) use, copy, modify, create derivative works, install, transfer, or distribute the Service, except as specifically described in these Terms and any usage limitations communicated to you;
(2) rent, lease, or otherwise permit third parties to use the Service, or reformat, mirror, or frame any portion of the Service;
(3) circumvent or disable any security features of the Service, or probe, scan, or test the vulnerability of the System;
(4) gain unauthorized access to the Service, to other Members’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
(5) use the Service to distribute any viruses or other malicious code, or to transmit large amounts of data in a way that would be expected to have a detrimental effect on the Service;
(6) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(7) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Service (except to the extent this restriction is prohibited by applicable law);
(8) use the Service to transmit (i) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, hateful, libelous, defamatory, obscene or otherwise objectionable, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
(9) restrict, discourage, or inhibit any other User from using the Service;
(10) disclose personal information about a third party or another User on the Service or obtained from the Service without the consent of such third party or User, or solicit, harvest, or collect information about other Bolder Money Users without their consent;
(11) violate any applicable international, federal, state, provincial, or local laws or regulations;
(12) use the Service in violation of Bolder Money’s or any third party's intellectual property or other rights;
(13) express or imply that any statements you make are endorsed by Bolder Money, without our prior written consent in each instance; or
(14) use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these restrictions and to enforce these Terms.
3. Payment and Fees.
A. Fees. Certain features within the Service, including the Coaching Sessions, may require you to pay fees, including one-time fees or fees on a subscription basis, and may provide you the option to activate recurring automatic payments for recurring fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged. If you activate or update recurring payments through the Service, you authorize Bolder Money and its third-party service providers to periodically charge, until cancellation, all accrued fees.
B. Membership Plans. Unless otherwise specified, all membership plans are month-to-month. You will be charged monthly in advance for your membership plan. If you cancel or change your membership plan, the cancellation or change may not take effect for 30 days. You may cancel your membership plan by contacting the Bolder Money coach from whom you receive Coaching Sessions (your “Coach”) directly via email or phone.
C. Promotional Offers. Bolder Money, at its sole discretion, may make promotional offers with different features and different pricing to any of Bolder Money’s Users. These promotional offers, unless made to you, will not apply to your offer or these Terms.
D. Authorization. You authorize Bolder Money to charge all fees for the membership plan you select. If you pay any fees with a credit card, Bolder Money may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
E. Payment Processing. Payment processing services for Bolder Money may be provided by our third-party payment processors, which may include Stripe Inc. (“Stripe”). Stripe uses your credit card to make payments. The processing of credit card charges or credits, as applicable, relating to your use of the Service will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You hereby agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time as set forth therein. You agree to provide Bolder Money and Bolder Money’s third-party payment processors with current, accurate, and complete information about you and your payment methods.
F. Early Cancellation Policy. If you sign up and pay for a three-month membership plan and cancel your plan before three months have lapsed, you must pay to Bolder Money the difference between: (1) the aggregate amount you have paid Bolder Money in such three-month period; and (2) the aggregate amount you would have paid if you were on Bolder Money’s three-month plan.
4. Content Submitted to the Service.
A. Member Content. Certain features of the Service may permit Members to upload and publish content to the Service (“Member Content”). You own any Member Content you provide. Except as expressly described in these Terms, no ownership rights in the Member Content are transferred to Bolder Money by these Terms.
B. License to Bolder Money. By sending us Member Content or by posting or publishing it to the Service, you grant Bolder Money and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publish, publicly display, and use such Member Content in any media now known or hereafter developed, to provide the Service to you and other Members and to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you.
C. Responsibility for Member Content. You are solely responsible for your Member Content and the consequences of posting it on the Service. None of the Member Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Member Content. Bolder Money may (but is not obligated to) remove or alter any Member Content at any time for any reason. We neither endorse nor are responsible for any Member Content. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. The opinions expressed on the Service by Members reflect solely the opinions of the Members and do not reflect the opinions of Bolder Money. If you believe Member Content violates these Terms or any policies we provide, please contact Bolder Money immediately at coaches@boldermoney.com so that we can consider its editing or removal. You understand that when using the Service you will be exposed to Member Content from a variety of sources and acknowledge that Member Content may be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable right or remedy you may have against Bolder Money with respect to Member Content.
5. Optional Third-Party Services. Bolder Money and third parties may make available integrations between the Service and third-party products or services, including plugins and related (“Third-Party Services”) that you may elect to use. Any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. Because the Third-Party Services rely on the Third-Party Service provider’s continued operation, Bolder Money does not warrant or provide support for Third-Party Services. Bolder Money is not responsible for any violations of applicable law by Third-Party Service providers, or for any liability arising from your use of Third-Party Services. Bolder Money does not guarantee the continued availability of any Third-Party Services (or any integration with Third-Party Services or related Service features), and if such Third-Party Services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation.
6. Ownership.
A. Bolder Money IP. The Service, including any content, modifications, and updates, and all intellectual property rights therein (collectively, “Bolder Money IP”), is owned by Bolder Money and its licensors. No ownership rights in the Bolder Money IP are transferred to you by these Terms. You do not have any rights in or to the Bolder Money IP except for the limited express rights granted in these Terms.
B. Trademarks. You acknowledge that Bolder Money has acquired, and is the owner of, common law or registered trademark rights in the name and word marks “Bolder Money Moves”, and in the other marks and design marks displayed on the Service. You acknowledge that these names and marks are famous and internationally known. You will not challenge the validity of, or Bolder Money’s ownership of, the foregoing names or marks, and you waive any rights you may have to do so. You may not use our names or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing names and marks by you will insure exclusively to Bolder Money’s benefit.
C. Feedback. If you give Bolder Money feedback, comments, or suggestions concerning the Service (collectively, “Feedback”), you hereby assign to Bolder Money all right, title, and interest in and to the Feedback, and Bolder Money is free to use the Feedback without payment, attribution, or restriction.
7. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Bolder Money infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
A. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
C. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Bolder Money to locate the material on the Service;
D. the name, address, telephone number, and email address (if available) of the complaining party;
E. a statement that the complaining party has 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
F. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Bolder Money a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Service should be sent to coaches@boldermoney.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be penalties for false claims under the DMCA.
8. Confidentiality. In the course of providing the Service, Bolder Money may disclose or make available to you information about its business. You acknowledge that all knowledge, information, and data provided by Bolder Money to you with respect to the business, operations, and marketing of Bolder Money’s products and services that is not generally known or publicly available, whether or not designated as “confidential,” is Bolder Money’s confidential information and you will not use or disclose such confidential information to any third party without Bolder Money’s prior written consent.
9. Data. Bolder Money may collect and analyze data relating to your use of the Service that is aggregated in such a way that it is not associated with you (“Usage Data”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). Bolder Money may analyze, process, collect, and use Usage Data for any purpose, including for improving the Service and developing new products, services, features, and functionality.
10. Consent to Electronic Communications.
A. Administrative Communications. By using the Service, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Service.
B. Coaching Session Communications. Coaching Sessions may take place over video conference, or sms messaging on your personal device, or over the phone.
C. Consent. You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to remove yourself from our email list for such marketing-related emails, please use the unsubscribe link in any email received from us.
D. SMS Messaging. By creating an account, you agree that Bolder Money may send you transactional and promotional text (SMS) messages in connection with your use of the Service. You may opt out of receiving text (SMS) messages through the Service at any time by responding “STOP” or emailing coaches@boldermoney.com. Opting out of receiving text (SMS) messages may impact and limit your use of the Service. Please be aware that your cellular carrier may charge fees in connection with your use of the Service. You are responsible for any mobile charges that you may incur in connection with using the Service, including data charges. If you are not sure what those charges may be, you should ask your carrier before using the Service. Bolder Money is not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan.
11. Term and Termination.
A. Term. The term of these Terms will commence on the date on which you first access or use the Service and will continue until terminated.
B. Termination. If you breach (or if Bolder Money suspects you have breached) these Terms, Bolder Money may, in its sole discretion, terminate these Terms and your Member account and/or limit, suspend, or terminate your access to the Service, with or without notice. You may terminate these Terms by contacting us at coaches@boldermoney.com.
C. Effect of Termination. Upon termination of these Terms, you remain obligated to pay any outstanding fees relating to your use of the Service that were incurred prior to termination. If Bolder Money suspends or terminates your account due to unpaid fees, in addition to the amount due for your membership plan, Bolder Money may charge you fees that are incidental to any chargeback or collection of any unpaid amount, including collection fees. The following Sections of these Terms will survive termination of these Terms: 1, 2, 4-10, 12.C, and 13-21. Either party’s termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms.
D. Deactivation. Bolder Money may, without notice to you: (1) restrict, deactivate, or terminate your access to the Service (or any portion); or (2) terminate or modify the Service (or any portion). Bolder Money will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only remedy is to stop using the Service.
12. Representations and Warranties; Disclaimer.
A. Member Content. You represent and warrant that: (1) you are the creator and owner of any Member Content you provide or otherwise have sufficient rights and authority to grant the rights granted to Bolder Money in these Terms; (2) Bolder Money’s use of your Member Content in accordance with these Terms will not infringe, violate, or misappropriate any third-party right, including any intellectual property right, proprietary right, or privacy right; (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Member Content does not contain any confidential information of any third party.
B. Disclaimers. Bolder Money AND ITS STAFF ARE NOT CERTIFIED FINANCIAL PLANNERS. THE SERVICE AND ANY RECOMMENDATIONS, INFORMATION, OR ADVICE MADE AVAILABLE PURSUANT THROUGH THE SERVICE, (COLLECTIVELY, THE “SERVICE CONTENT”) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE SERVICE CONTENT SHOULD BE CONSTRUED AS PROFESSIONAL FINANCIAL ADVICE. SERVICE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE.
Bolder Money DOES NOT GUARANTEE THE RESULTS OF OUR SERVICES. YOUR USE OF OR RELIANCE ON THE SERVICE IS SOLELY AT YOUR OWN RISK, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW. THE SERVICE CONTENT SHOULD NOT BE CONSTRUED AS A RECOMMENDATION OR OFFER TO SELL OR PURCHASE ANY PARTICULAR INVESTMENT. YOU ARE SOLELY RESPONSIBLE FOR USING YOUR OWN JUDGMENT TO ASSESS SERVICE CONTENT. Bolder Money EXPRESSLY DISCLAIMS ANY GUARANTEE OF RESULTS OR OUTCOMES OF ANY OF THE RECOMMENDATIONS OR ADVICE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE SERVICE AND SERVICE CONTENT.
Bolder Money MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, THIRD-PARTY SERVICES, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Bolder Money DOES NOT WARRANT THAT THE SERVICE OR THIRD-PARTY SERVICES WILL SATISFY YOUR REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE SERVICE OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Bolder Money OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING Bolder Money OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. Some jurisdictions may limit or prohibit warranty disclaimers, and this Section 12.B will apply solely to the extent permitted under applicable law.
13. Indemnification.
A. Defense. At Bolder Money’s option and request, you will defend Bolder Money, its affiliates, and their respective directors, officers, employees, agents, and contractors (the “Bolder Money Parties”) from any actual or threatened third-party claim, proceeding, or suit arising out of or based on: (1) your breach of any representation, warranty, or covenant in these Terms; (2) your violation of applicable law or any third-party intellectual property, proprietary, or privacy right; (3) any dispute between you and any third party; or (4) your use of the Service in a manner not authorized under these Terms (each, a “Claim”). If Bolder Money requests you to defend a Bolder Money Party from any Claim, Bolder Money will: (a) give you prompt written notice of the Claim; (b) grant you full and complete control over the defense and settlement of the Claim; (c) provide assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) comply with any settlement or court order made in connection with the Claim. Notwithstanding the previous sentence, you may not enter into any settlement that involves an admission of guilt or liability of a Bolder Money Party without Bolder Money’s prior written consent. Bolder Money may participate in the defense of a Claim at its own expense and with counsel of its own choosing.
B. Indemnification. You will indemnify the Bolder Money Parties from and pay: (1) all damages, costs, and attorneys’ fees finally awarded against a Bolder Money Party in any Claim; (2) all out-of-pocket costs (including attorneys’ fees) reasonably incurred by a Bolder Money Party in connection with the defense of a Claim; and (3) all amounts that you agree to pay to any third party to settle any Claim.
14. Limitation of Liability.
A. EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Bolder Money NOR ANY Bolder Money PARTY WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF Bolder Money IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
B. DAMAGES CAP. Bolder Money’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO Bolder Money DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION); OR (2) $100.
C. BASIS OF THE BARGAIN. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Arbitration.
A. Generally. In the interest of resolving disputes between you and Bolder Money in the most expedient and cost-effective manner, you and Bolder Money agree that any dispute arising out of or related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Bolder Money ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THIS SECTION 15 WILL APPLY TO YOU AND Bolder Money UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 15.J (OPT OUT).
Whether to agree to arbitration is an important decision. It is your decision to make, and you should not rely solely on the information provided in these Terms, as they are not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
B. Exceptions. Despite the provisions of Section 15.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Bolder Money will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bolder Money. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). Bolder Money’s email address for Notice is coaches@boldermoney.com. The Notice must: (1) describe the nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) if you are sending the Notice to Bolder Money, include your name and address (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or Bolder Money may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bolder Money must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Bolder Money will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Bolder Money in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.
E. Fees; Location; Language. If you commence arbitration in accordance with these Terms, Bolder Money will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance-based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bolder Money for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The language of the arbitration shall be English, unless you do not speak English, in which case the arbitration shall be conducted in both English and your native language.
F. Confidentiality. The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties, and the decisions made by the arbitrator, including its awards, except as required by applicable law and to the extent not already in the public domain.
G. No Class Actions. YOU AND Bolder Money AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ., WHICH ARE NOT COVERED BY THIS SECTION 15 (ARBITRATION)). Unless both you and Bolder Money agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
H. Modifications to this Arbitration Provision. If Bolder Money makes any future change to this arbitration provision, other than a change to Bolder Money’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Bolder Money’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bolder Money. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
I. Enforceability. If Section 15.G (No Class Actions) is found to be unenforceable or if the entirety of this Section 15 (Arbitration) is found to be unenforceable, then the entirety of this Section 15 will be null and void and the exclusive jurisdiction and venue described in Section 19.B (Governing Law) will govern any action arising out of or related to these Terms or your use of the Service.
J. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 15 (Arbitration), you may opt out by notifying Bolder Money in writing of your decision by sending, within 30 days after the effective date of these Terms, an email to coaches@boldermoney.com, stating clearly your full name, address, and intent to opt out of this Section 15. Should you choose not to opt out within the 30-day period, you and Bolder Money will be bound by the terms of this Section 15. You have the right to consult with counsel of your choice concerning regarding your right to opt out of this Section 15, and you understand that you will not be subject to retaliation if you exercise your right to opt out.
16. Cooperation with Authorities. Bolder Money may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Bolder Money may disclose any information as Bolder Money deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Bolder Money’s sole discretion.
17. Protected Activity Not Prohibited. Nothing in these Terms limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding that may be conducted by any international, federal, state, provincial, or local government agency or commission (“Protected Activity”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Bolder Money. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Bolder Money confidential information to any parties other than the applicable government agencies.
18. Compliance with Applicable Law. Each party will comply with all applicable international, federal, state, provincial, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with exercising its rights or performing its obligations under these Terms.
19. Miscellaneous.
A. Subcontractors. Bolder Money may use subcontractors or other third parties to perform its obligations under these Terms, but Bolder Money will remain responsible for all such obligations.
B. Governing Law. These Terms are governed by New York law without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Subject to Section 15 (Arbitration), all claims arising under these Terms will be litigated exclusively in the federal or state courts of New York, NY. The parties submit to the jurisdiction of those courts. In any proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
C. Injunctive Relief. If you breach Sections 2 (Accounts; Registration; Restrictions), 6 (Ownership), or 9 (Confidentiality), Bolder Money may suffer irreparable harm, and monetary damages may be inadequate to compensate Bolder Money. Accordingly, Bolder Money may, in addition to any other remedies available, seek injunctive or other equitable relief in response to any such breach.
D. Further Assurances. You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in these Terms.
E. Assignment. You may not assign these Terms or delegate your performance without Bolder Money’s prior written consent, and any attempt to do so is void. Bolder Money may assign or transfer these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties’ permitted successors and assigns.
F. Severability. If any provision of these Terms or portion of a provision is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.
G. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
H. Entire Agreement. These Terms constitute the entire agreement and supersede any other agreement of the parties relating to their subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.
I. Nature of Rights. The licenses granted under these Terms are rights in “intellectual property” within the scope of Section 101 (or its successors) of the United States Bankruptcy Code (the “Code”). Each party as licensee will have and may fully exercise all rights available to a licensee under the Code, including under Section 365(n) or its successors.
J. Relationship. Your access to and use of the Service does not create any direct business relationship between you and Bolder Money. You acknowledge and agree that these Terms are not an employment agreement, nor does it create an employment or contractor relationship, between you and Bolder Money; and no joint venture, partnership, or agency relationship exists between you and Bolder Money. As a User, YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Bolder Money. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF Bolder Money, INCLUDING BY INAPPROPRIATELY USING ANY Bolder Money IP.
K. No Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms.
L. Notices. All notices under these Terms must be in writing, and will be considered given: (1) upon delivery, if delivered personally or by internationally recognized courier service; (2) three business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (3) upon acknowledgement of receipt, if delivered by email. Either party may update its notice address by notice to the other party in accordance with this Section 19.L. All notices to TFG will be sent to:
Bolder Money, Inc.
223 Bedford Ave, PMB #786
Brooklyn, NY 11211
Email: coaches@boldermoney.com
Attn: Legal
M. Force Majeure. Bolder Money will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Bolder Money’s reasonable control (a “Force Majeure Event”), so long as Bolder Money uses reasonable efforts to avoid or remove those causes of delay or non-performance. If a Force Majeure Event causes Bolder Money to delay or fail to perform its obligations under these Terms for 30 consecutive days, either party may terminate these Terms.
N. Interpretation. If Bolder Money provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and does not define or explain any provision. Any use of the term “including” or variations thereof should be construed as if followed by the phrase “without limitation.”
20. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Contact Us. If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at coaches@boldermoney.com.
Last Updated August 2nd, 2021
Effective as of May 1st, 2021
Welcome to the website (the “Site”) of Bolder Money, Inc. (“Bolder Money,” “we,” “us,” or “our”). Bolder Money provides personal financial training services (collectively, including the Site and any related products and services, the “Service”).
This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. It also explains how we engage with Plaid to provide the Service to you.
Before using the Service or submitting any Personal Data to us, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not access or use the Service.
1. PERSONAL DATA WE COLLECT
We collect information that alone or in combination with other information in our possession personally identifies you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data when you visit the Site, register to use the Service, in connection with your use of the Service, and in other instances where you may provide it to us. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, email address, mobile phone number, and physical address. We will also collect certain banking and financial information in connection with the Services, including as necessary to ensure payments can be processed by our third party payment processors, such as Stripe, Inc. (“Stripe”). Accordingly, in addition to this Privacy Policy and our Terms of Service, information related to your purchases is also processed according to Stripe’s services agreement and privacy policy.
Personal Data We Receive Automatically From Your Use of the Service: When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Google Chrome, Microsoft Internet Explorer, etc.), and geographical location information. In particular, the following information may be created and automatically logged in our systems:
● Log data: Information that your browser automatically sends whenever you visit the Service (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Service.
● Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
● Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
● Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.
Cookies: We use cookies to operate and administer our Service, gather usage data on our Service and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
Analytics: We may use certain third party analytics providers, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Service and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.
Online Tracking and Do Not Track Signals: We and our third party service providers, including Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Service and use that information to send targeted advertisements. Our Service currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Service and you may not be able to benefit from the full functionality of the Service.
Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.
If you access the Service on your mobile device, you may not be able to control tracking technologies through the settings.
Session Recording: We may record certain sessions with you, from time to time, typically in connection with our training process. We will endeavor to notify you of, and obtain your consent to, such recording. Personal Data collected during such recorded sessions shall be treated in accordance with this Privacy Policy.
2. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
· To provide and facilitate your engagement with the Service, including to process your financial information in connection with our coaching services and our budgeting tool;
· To respond to your inquiries, comments, feedback or questions;
· To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;
· To administer a promotion, contest, sweepstakes, survey or other Service feature;
· To analyze how you interact with our Service;
· To maintain and improve the content and functionality of the Service;
· To develop new products and services;
· To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks; and
· To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.
Aggregated or Anonymized Information. We may collect or generate aggregated and/or anonymized Personal Data and use the aggregated and/or anonymized information to analyze the effectiveness of our Service, to improve and add features to our Service, and for any other lawful purpose. In addition, we may share aggregated and/or anonymized information with our business partners and other third parties. We may collect or generate aggregated and/or anonymized information through the Service, through cookies, and through other means described in this Privacy Policy.
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
3. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
· Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, banking and financial service providers, customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Service, please see the “Cookies” section above). This also includes our sharing of your Personal Data, including bank account information with third party API finance solutions, such as Plaid, to enable us to collect your bank account transaction history and certain other financial information. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your Personal Data.
· Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
· Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
· Affiliates: We may share Personal Data with our affiliates, meaning an entity that controls, is controlled by, or is under common control with TFG. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.
4. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is longer.
5. UPDATE YOUR INFORMATION
Please log in to your account or contact us if you need to change or correct your Personal Data.
6. CHILDREN
Our Service is not directed to children who are under the age of 18. Bolder Money does not knowingly collect Personal Data from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through the Service please contact us and we will endeavor to delete that information from our databases.
7. LINKS TO OTHER WEBSITES AND THIRD PARTY FUNCTIONALITY
The Service may contain links to other websites or applications, or other functionality not operated or controlled by Bolder Money, including certain banking or financial services (“Third Party Services”). These Third Party Services include certain API finance solutions, such as Plaid. The information that you share with Third Party Services will be governed by the specific privacy policies and terms of service of the Third Party Services and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these services. Please contact the Third Party Services directly for information on their privacy practices and policies.
In connection with our Service, we use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
8. SECURITY
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Bolder Money via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
9. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.
10. CHANGES TO THE PRIVACY POLICY
The Service, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.
11. CONTACT US
If you have any questions about our Privacy Policy or information practices, please feel free to contact us at coaches@boldermoney.com.
OLDER
Please take a minute to read what is expected during the Coaching Program to be delivered by Bolder Money Inc., and the coaches contracted by Bolder Money Inc. (Bolder Money).
1. Commitment: The time investment includes showing up on-time and staying the full length of each 1-hour coaching session. You will also be expected to complete homework assignments after each session which will take about 1-hour extra. Each week you can expect to spend 2 hours total for both the session and homework time.
3. Meeting Procedure: The program will consist of group sessions held between the Participant named above and the coaches using video-conferencing tools, communication through email and Mighty Networks Hub.
4. Cancellation & Refund Policy: There is no refund policy being issued for this program as information, strategy, tools, and resources will be shared with the Participant to utilize after the program end date. The Participant is responsible for maintaining all files provided. In the event the program is cancelled and Bolder Money is unable to produce such deliverables as promised, the Participant will receive a full refund.
5. Nature of Service: The Participant understands that this process of money coaching has no intention of replacing legal, or investment advice and that professionals in those fields should still be sought out when necessary. The Participant also understands that any decision made during this process is solely the Participant’s responsibility.
6. Severability: If any part or parts of this agreement shall be held unenforceable for any reason, the remainder of this agreement will continue in full force and effect. If any provision of this agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
7. Confidentiality: Bolder Money agrees to protect the confidentiality of any information shared or discussed with the Participant throughout the program, whether disclosed to before this agreement is signed or afterward. Bolder Money agree to honor and respect the privacy of the Participant and will not share what is discussed with any other person without the Participant’s specific and written permission first.
8. The Participant agrees to protect the confidentiality and intellectual property rights of Bolder Money’s proprietary information and all physical forms thereof, whether disclosed to before this agreement is signed or afterward. All coaching tools and resources are unique to Bolder Money and the Participant agrees not to duplicate, distribute, or position as their own.
The Group Coaching Program results are not guaranteed. Participants enter this agreement with the understanding that they are responsible for creating their own results. The Participant also agrees not to hold Bolder Money liable for any actions or results for adverse situations created as a direct result of coaching or any specific referral given by Bolder Money.
I hereby release, waive, acquit and forever discharge Bolder Money, their agents, coaches, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit, action, demand or right to compensation for damages I may claim to have or that I may have arising out of actions, omissions, or commissions taken by myself or by my coach as a result of guidance given by the coaches at Bolder Money or otherwise resulting from the coaching relationship contemplated hereunder.
I further declare and represent that no promise, inducement or agreement not herein expressed has been made to me to enter into this release. The release made pursuant to this paragraph shall bind my heirs, executors, personal representatives, successors, assigns and agents.
RSM Inc. dba Bolder Money
Last Updated Date: April 18th, 2024
Effective as of: May 1st, 2021
Welcome to the website (the “Site”) of RSM, Inc. (“RSM,” “we,” “us,” or “our”). RSM provides personal financial training services (collectively, including the Site and any related products and services, the “Service”).
This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. It also explains how we engage with Plaid to provide the Service to you.
1. PERSONAL DATA WE COLLECT
We collect information that alone or in combination with other information in our possession personally identifies you (“Personal Data”) as follows:
Personal Data You Provide:
We collect Personal Data when you visit the Site, register to use the Service, in connection with your use of the Service, and in other instances where you may provide it to us. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include the following categories of information where applicable:
Personal Data We Receive Automatically From Your Use of the Service:
When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions.For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Google Chrome, Microsoft Internet Explorer, etc.), and geographical location information.
In particular, the following categories of information may be created and automatically logged in our systems:
Your Choices.
2. COOKIES AND TRACKING TECHNOLOGIES
Cookies: We use cookies to operate and administer our Service, gather usage data on our Service and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
Online Tracking: We and our third party service providers, including Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Service and use that information to send targeted advertisements.
Session Recording: We may record certain sessions with you, from time to time, typically in connection with our training process. We will endeavor to notify you of, and obtain your consent to, such recording. Personal Data collected during such recorded sessions shall be treated in accordance with this Privacy Policy.
Analytics: We may use certain third party analytics providers, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Service and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.
Do Not Track Signals: Our Service currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
For more information about your rights and choices related to cookies and other tracking technologies, please see the “Your Choices” section below.
3. PAYMENT PROCESSORS
Currently, we use Stripe as our payment processor to process payments from you for any charges incurred in connection with your accounts when using the Platform. When you make a payment, you will be providing your information directly to our payment processor and not to us. Our payment processor will process the payment and then share with us limited data related to such transaction.
The processing of payments is subject to the privacy policies of the payment processor.
You can access Stripe's Privacy Policy at https://stripe.com/privacy.
4. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
Aggregated or Anonymized Information. We may collect or generate aggregated and/or anonymized Personal Data and use the aggregated and/or anonymized information to analyze the effectiveness of our Service, to improve and add features to our Service, and for any other lawful purpose. In addition, we may share aggregated and/or anonymized information with our business partners and other third parties. We may collect or generate aggregated and/or anonymized information through the Service, through cookies, and through other means described in this Privacy Policy.
5. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
6. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is longer.
7. UPDATE YOUR INFORMATION
Please log in to your account or contact us if you need to change or correct your Personal Data.
8. CHILDREN
Our Service is not directed to children who are under the age of 18. RSM does not knowingly collect Personal Data from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through the Service please contact us and we will endeavor to delete that information from our databases.
9. LINKS TO OTHER WEBSITES AND THIRD PARTY FUNCTIONALITY
The Service may contain links to other websites or applications, or other functionality not operated or controlled by RSM, including certain banking or financial services (“Third Party Services”). These Third Party Services include certain API finance solutions, such as Plaid. The information that you share with Third Party Services will be governed by the specific privacy policies and terms of service of the Third Party Services and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these services. Please contact the Third Party Services directly for information on their privacy practices and policies.
In connection with our Service, we use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
10. SECURITY
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to RSM via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
11. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data. With respect to specific practices, please see the following choices you have:
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Service and you may not be able to benefit from the full functionality of the Service.
Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.
12. CHANGES TO THE PRIVACY POLICY
The Service, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.
13. CONTACT US
If you have any questions about our Privacy Policy or information practices, please feel free to contact us at coaches@boldermoney.com.
RSM Inc. dba Bolder Money
Last Updated Date: April 18th, 2024
Effective as of: May 1st, 2021
Welcome to the website (the “Site”) of RSM, Inc. (“RSM,” “we,” “us,” or “our”). RSM provides personal financial training services (collectively, including the Site and any related products and services, the “Service”).
This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. It also explains how we engage with Plaid to provide the Service to you.
1. PERSONAL DATA WE COLLECT
We collect information that alone or in combination with other information in our possession personally identifies you (“Personal Data”) as follows:
Personal Data You Provide:
We collect Personal Data when you visit the Site, register to use the Service, in connection with your use of the Service, and in other instances where you may provide it to us. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include the following categories of information where applicable:
Personal Data We Receive Automatically From Your Use of the Service:
When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions.For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Google Chrome, Microsoft Internet Explorer, etc.), and geographical location information.
In particular, the following categories of information may be created and automatically logged in our systems:
Your Choices.
2. COOKIES AND TRACKING TECHNOLOGIES
Cookies: We use cookies to operate and administer our Service, gather usage data on our Service and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
Online Tracking: We and our third party service providers, including Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Service and use that information to send targeted advertisements.
Session Recording: We may record certain sessions with you, from time to time, typically in connection with our training process. We will endeavor to notify you of, and obtain your consent to, such recording. Personal Data collected during such recorded sessions shall be treated in accordance with this Privacy Policy.
Analytics: We may use certain third party analytics providers, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Service and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.
Do Not Track Signals: Our Service currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
For more information about your rights and choices related to cookies and other tracking technologies, please see the “Your Choices” section below.
3. PAYMENT PROCESSORS
Currently, we use Stripe as our payment processor to process payments from you for any charges incurred in connection with your accounts when using the Platform. When you make a payment, you will be providing your information directly to our payment processor and not to us. Our payment processor will process the payment and then share with us limited data related to such transaction.
The processing of payments is subject to the privacy policies of the payment processor.
You can access Stripe's Privacy Policy at https://stripe.com/privacy.
Your Bolder Money membership will continue and automatically renew until terminated. To use the Bolder Money service with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
4. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
Aggregated or Anonymized Information. We may collect or generate aggregated and/or anonymized Personal Data and use the aggregated and/or anonymized information to analyze the effectiveness of our Service, to improve and add features to our Service, and for any other lawful purpose. In addition, we may share aggregated and/or anonymized information with our business partners and other third parties. We may collect or generate aggregated and/or anonymized information through the Service, through cookies, and through other means described in this Privacy Policy.
5. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
6. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is longer.
7. UPDATE YOUR INFORMATION
Please log in to your account or contact us if you need to change or correct your Personal Data.
8. CHILDREN
Our Service is not directed to children who are under the age of 18. RSM does not knowingly collect Personal Data from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through the Service please contact us and we will endeavor to delete that information from our databases.
9. LINKS TO OTHER WEBSITES AND THIRD PARTY FUNCTIONALITY
The Service may contain links to other websites or applications, or other functionality not operated or controlled by RSM, including certain banking or financial services (“Third Party Services”). These Third Party Services include certain API finance solutions, such as Plaid. The information that you share with Third Party Services will be governed by the specific privacy policies and terms of service of the Third Party Services and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these services. Please contact the Third Party Services directly for information on their privacy practices and policies.
In connection with our Service, we use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
10. SECURITY
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to RSM via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
11. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data. With respect to specific practices, please see the following choices you have:
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Service and you may not be able to benefit from the full functionality of the Service.
Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.
12. CHANGES TO THE PRIVACY POLICY
The Service, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.
13. CONTACT US
If you have any questions about our Privacy Policy or information practices, please feel free to contact us at coaches@boldermoney.com.