Effective March 31, 2012
Your Use of the Service
Your right to access and use DropStream 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 DropStream for lawful purposes. DropStream may, in its sole and absolute discretion, refuse to accept an account registration by any party. Any unauthorized use is strictly prohibited. You acknowledge that you will not use the DropStream data or toolset for any purpose other than stated herein.
Accurate records enable DropStream to provide the Service to you. You must provide true, accurate, current, and complete information about your Bank Account(s), as defined below. 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 DropStream may be interrupted from time to time for any of several reasons, including, without limitation, equipment malfunction, periodic updating, maintenance or repair of DropStream or other actions that DropStream, in its sole discretion, may elect to take.
Privacy and your Personal Information
For information about DropStream’s data protection practices, please read its Privacy Statement, which is hereby incorporated into this Agreement. This Privacy Statement explains how DropStream treats your personal information when you access DropStream and use the Service. The Privacy Statement may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
DropStream will from time to time mention other services and/or provide links to other resources on the Internet. These are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and do not imply any endorsement of such links or the products and services offered at each such site. DropStream also does not endorse, warrant or guarantee the products or services available through banks (or any other third-party products or services mentioned, advertised on, or linked from our site), whether or not sponsored, and DropStream is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
DropStream does not guarantee that the investment, plan, or other service terms, rates, or rewards offered by any particular other third party on DropStream are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or rates available in the market.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and 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 DropStream immediately at the email address - getdropstream.com/info.
Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to DropStream through the Service, you are licensing that content to DropStream solely for the purpose of providing the Service. DropStream may use and store the content, but only to provide the Service to you. By submitting this content to DropStream, you represent that you are entitled to submit it to DropStream for use for this purpose, without any obligation by DropStream to pay any fees or other limitations.
DropStream’s Intellectual Property Rights
The contents of DropStream, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. In addition, DropStream and getDropStream.com and the logos thereof are trademarks or service marks, or registered trademarks or registered service marks of DropStream. The contents of DropStream belong or are licensed to DropStream or its software or content suppliers. DropStream grants you the right to view and use DropStream subject to these terms. You may download or print a copy of information provided on DropStream for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from DropStream in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor DropStream or any portion of DropStream, without DropStream’s express written consent, which may be withheld in DropStream’s sole discretion;
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 DropStream, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of DropStream or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of DropStream or the Service.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH DROPSTREAM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DROPSTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF MICROMAXIMUS OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
DROPSTREAM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MICROMAXIMUS OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DROPSTREAM 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, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
No Relationship and not a Financial Planner, Broker or Tax Advisor
The materials provided on DropStream are for informational purposes only. NEITHER DROPSTREAM NOR THE SERVICE PROVIDES OR IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. DROPSTREAM IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and management. 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.
You also acknowledge and agree that use of the Services makes neither you nor DropStream an agent, representative, broker, employee, partner, or joint venture of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either Party.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. In the event DropStream provides alerts, it will endeavor to do so in a timely manner and with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that DropStream 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.
Limitations on Liability
DROPSTREAM 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 SERVICE FEES, CHARGES, PENALTIES, AND/OR LOSS OF PROFIT, INTEREST, EARNINGS, REVENUE, GOODWILL, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MICROMAXIMUS, YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THIS AGREEMENT, EVEN IF FALCONER DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DROPSTREAM’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AGGREGATE MAXIMUM OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of DropStream
You shall defend, indemnify, and hold harmless DropStream 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 violation of this Agreement by you, your violation of any rights of another, or your violation of any federal, state, or other law, rule, regulation in the United States or any other country in the world or any breach of any of your representations, warranties, and/or covenants related thereto.
Ending the Agreement
This Agreement will continue to apply until terminated by either you or Falconer Development. If you want to terminate your legal agreement with DropStream, you may do so by closing your account for the Service.
DropStream may at any time, terminate its legal agreement with you:
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);
if DropStream 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
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
DropStream may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the DropStream 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.
Governing Law and Forum for Disputes
This Agreement, and your relationship with DropStream under this Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict or choice of laws provisions. Any dispute with DropStream, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively in Fulton County, Georgia Superior Court, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case DropStream may seek such relief in any court with jurisdiction over the parties.
You also acknowledge and understand that, with respect to any dispute with DropStream, 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.
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 DropStream does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which DropStream has the benefit of under any applicable law), this will not be taken to be a formal waiver of DropStream’s rights and that those rights or remedies will still be available to DropStream.
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 DropStream regarding the subject matter of the same, and supersedes all other previous agreements.
The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.