Welcome to the BreadVault internet sites ("BreadVault", "us", or "we") where parents can instill financial common sense through the use of online child money management focused on saving, investing and giving (the "BreadVault Services") through access to and use of this web site and mobile applications (the "Site"). The services offered by BreadVault include the BreadVault Services, the Site, and any other applications, features, or content that we may offer periodically in connection with the BreadVault Services and Site, either directly, or through our suppliers (collectively, the "Services").
1.1 Single Household Account. To participate in the BreadVault Services and Site, a parent or authorized person (the "Account Owner") must have a financial account established with a Bread Vault recognized and approved financial firm (the " Firm"). The financial account must be a non-tax qualified (non IRA) individual or jointly registered account in the name of one or both parents who reside in the household.(i.e joint tenants with rights of survivorship). While the financial account may be jointly owned the BreadVault Account can have only one single Account Owner who has control of the BreadVault Account. Upon confirmation by BreadVault that the Account Owner has an established financial account with a Firm and provides BreadVault with an appropriate username and password the Account Owner may create a single BreadVault account for use by the family or household (a "BreadVault Account"). The Account Owner will be responsible for monitoring and supervising all activities by any persons in the family or household who are provided access or use of the BreadVault Account including any Minors and others who may not be related to the Account Owner but live within the same household. The Account Owner is solely responsible for the actions of any person who has access and participates in the Site or the BreadVault Services through the BreadVault Account.
You are responsible for your financial decisions. BreadVault provides a venue through which you can obtain information from third party service providers that may include financial institutions and retail stores. BreadVault does not endorse or recommend any of the products or services of these third parties and is not an agent or advisor to you or any such third party. It is your responsibility to investigate the licensing, certification, or other requirements and qualifications of these third parties. BreadVault urges you to obtain the advice of financial advisors, brokers, or other qualified professionals who are fully aware of your own individual circumstances before you make any financial decisions. You acknowledge and agree that you rely upon your own judgment and that of such advisors in the selection of any products or services or financial decisions you make.
Disclosure of Business Relationship with TD Ameritrade. BreadVault has entered into a Marketing Services
Agreement with TD Ameritrade, Inc. that allows BreadVault to market the brokerage services of TD Ameritrade to potential new brokerage customers. In consideration for your opening up a fully funded account as a result of participation in BreadVault, BreadVault may be entitled to compensation for such referral. BreadVault is required by the Marketing Services Agreement to provide the following disclosure
1.2 Account Owner. Only the Account Owner can add family or household members to the BreadVault Account.
As an Account Owner you represent and warrant that:
All required registration information that you submit is accurate and truthful;
You will sustain the truthfulness of such information;
You are of sufficient legal age to create binding legal obligations in your jurisdiction;
You will grant access to the Site and BreadVault Services only to other members of your family or household and only in accordance with this Agreement;
You are fully responsible and liable for any action of any person including any Minor that uses the BreadVault Account; and Your BreadVault Account may be deleted without notice if we believe you are not eligible. Termination of the Bread Vault Account will not affect your financial account that will remain intact with the Firm account you have on record with BreadVault.
1.3 Use of Passwords. When you sign up to create a BreadVault Account, you will be asked to choose the initial
sign-in name and a password for your use as the BreadVault Account Owner. You will also be asked to choose
the sign-in name and PIN number for any family or household member including any Minor that is added to the
BreadVault Account. You are entirely responsible for maintaining the confidentiality of your sign-in name and PIN
number and for maintaining the confidentiality of all of your family and household member's sign-in names and
PIN numbers including those of any Minor who you allow to access and use the BreadVault Account. You agree
Use any Account, password, sign-in name, or PIN number of another user of the BreadVault Services ("User") that you are not authorized to use, or
Authorize others, who are not members of your family or household or have received explicit permission from you to use or access the BreadVault Account , at any time.
You agree to notify us immediately if you suspect any unauthorized use of the Account or access to your password, PIN number or the password or PIN number of any family or household member. You are solely responsible for any and all use of your BreadVault Account by you and any person (including Minors) with your sign-in name, password, and PIN number, or whom you authorize to use the Account.
1.4 Account Usage. By using the Services, you represent and warrant that:
All information you submit about you and other users of your BreadVault Account is accurate and truthful;
You have consented to the participation of any Minors or others you include in the BreadVault Account;
You will sustain the truthfulness of such information; and Your use of the Services does not violate any applicable regulation, law or the terms of this Agreement.
1.5 Term of Agreement. This Agreement shall remain in full force and effect unless and until your BreadVault Account is terminated as provided herein. You may end your use of the BreadVault Services by deleting your account at any time and for any or no reason by contacting BreadVault as provided below.
BreadVault may terminate your Account:
With five (5) days’ notice by sending an e-mail to the BreadVault Account Owner's e-mail address as specified
in your BreadVault Account if BreadVault decides in its sole discretion to stop providing the Site or applicable
or Forthwith and without warning if you are in breach of this Agreement, we are unable to validate or confirm any BreadVault Account-related information you have provided, or if we believe in our sole discretion that your use of the Site or Services may cause liability for you, other Users, or for us; or
For any or no reason by giving you ten (10) days’ notice by sending an e-mail to the BreadVault Account Owner's e-mail address as specified in your BreadVault Account.
1.6 Backing Up Your Data. You are solely responsible for creating backup copies of any Data you post or store on the Site at your sole cost and expense. BreadVault is not obligated under this Agreement to backup any Data (as defined below) that is posted on the BreadVault Site. When your BreadVault membership ends and your Account is terminated, any Data that you have posted to the Site may be deleted by us without any prior notification, and you will no longer have access to such Data.
You are solely accountable for any and all Data that is posted by or through your BreadVault Account on the Site, and for your interactions with any other User.
2.1 Breach of Contract. Any use of the Site or Services in violation of this Agreement may result in, but is not limited to, suspension or termination of your rights to use the Site or Services.
2.2 Solicitation and Commercial Use. The BreadVault Site and Services are for personal use only and may not be used to provide any professional services to any third party or to promote any commercial endeavors. You will not engage in any solicitation of, or advertising to, any User of the Services to buy or sell any products or services through the Site or Services. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Data without notice and may result in suspension or termination of your Account.
2.3 Interference/Interruption. You will not:
Disrupt, create an undue burden on, or interfere with the Site or Services or the networks or services connected to the Site or Services;
Obscure, cover or hide in any way any banner advertisements on any BreadVault page via HTML/CSS, scripting, or any other means;
Without BreadVault's express written permission, introduce automated agents or software to the Site or Services so as to generate automated messages, create multiple accounts, or to mine or strip data from the Services;
or modify, disrupt, or interfere with any data or equipment to manipulate or bypass any security measures deployed by BreadVault.
2.4 Legal Action. We have no obligation (but reserve the right) to review any Data posted on the Site or Services and to remove such Data if we believe in our sole discretion that it is inappropriate or unacceptable, and to investigate and/or take appropriate legal action in our sole discretion against you if you violate this or any other provision of this Agreement, including but not limited to, taking legal action against you, notifying law enforcement authorities, and terminating your membership.
2.5 Other. You will not attempt to impersonate any of our employees or another User. You will use the Services in a manner consistent with and abiding by any and all applicable regulations and laws.
2.6 We respect the intellectual property rights of others and ask you to do the same. The Digital Millenium Copyright Act of 1998("DMCA") provides recourse to copyright owners who believe that material appearing on the internet infringes their rights. If you believe that material that appears on the BreadVault Site has been copied in a way that constitutes copyright infringement please contact us and include the information required by the DMCA. Notification of any such claims or counter claims should be sent to our designated agent for DMCA claims of copyright infringement:
For purposes of the DMCA the agent designated to receive notice of claimed infringement is:
Gray Plant Mooty
80 S 8th Street
Mpls, MN 55402
We do not claim ownership in any "Data" (which means, without limitation, any and all information including works of authorship, software, feedback, notes, sounds, video, photos, images, links, monetary information, amounts in any currency, plans, accounts and account information, data, allowances, budgets, goals, results, plans, postings, ideas, messages, names and other information about others, interest rates, files, opinions, text, values, or other materials) that is provided, uploaded or otherwise transmitted to the Services ("posted"), but in order to legally provide you and other Users with the Services, we have to have certain rights to store Data you post in connection with the Services for you and to make it available to other Users that belong to your BreadVault Account.
3.2 Data Limitations/Proprietorship. You acknowledge and understand that all the intellectual property rights in the Data are owned by you or the User who posted such Data, or a third party. In order to post Data to the Site, the owner of such Data and you must agree upon any rights you have in the Data prior to posting such Data. In addition, excluding Data owned by you, that is in the public domain, or for which you have been given permission by the respective owner, you agree not to reproduce, publish, use, modify, distribute, transmit, publicly perform or display, sell, disclose to any third party, or produce plagiaristic works based on the Data.
3.3 BreadVault Intellectual Property. BreadVault is the sole owner of any and all intellectual property and proprietary rights in the information and content on the Site, including but not limited to all images, graphics, text, software code, audio, video, software applications and user interface design ("Content"). You agree not to (i) decompile or reverse engineer Content or any part thereof, (ii) modify, reproduce, transmit, publish, distribute, publicly perform or display, sell or produce plagiaristic works based on the Content, Site or Services; or (iii) loan, lease, rent or sell access to the Content Site or Services. You acknowledge that all the intellectual property rights in the Content, Site or Services are owned by BreadVault, or BreadVault's licensors.
The Services might contain links to third-party websites ("Third-Party Websites") including but not limited to Third- Party Websites 1) of financial institutions where the BreadVault Account Owner has an established account, 2) of retailers who may offer products to BreadVault participants, 3) placed by us as a service to those interested in this information; or 4) posted by other Users.
You assume all risk when using such links to Third Party Websites. We make no claim or representation regarding Third-Party Websites, and do not monitor or have control over such websites. Third-Party Website links are provided only as a convenience, to the extent such links are provided by us, and such a link to a Third- Party Website does not imply our sponsorship of, affiliation with, adoption or endorsement of such Third-Party Websites. We accept no responsibility for reviewing changes or updates to, or the content, nature, quality, policies or dependability of Third-Party Websites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website that you use. In addition, you should make whatever investigation you feel appropriate or necessary before proceeding with any transaction with any such Third-Party Website.
Please note that while BreadVault provides you with a tool to teach your children financial responsibility by offering the BreadVault Services, BreadVault is not a broker dealer, bank or financial institution and the BreadVault Services are not financial services. Funds are not actually stored within the BreadVault Account and will at all times remain with your designated Firm where you have a financial account. The BreadVault Services and Site provide a robust user interface and data aggregation tool that allows you to manage multiple "virtual " accounts for those family and household members you have authorized for participation in your BreadVault
Account and that are associated with a single financial account with your designated Firm. You are fully responsible for managing your BreadVault Account including the financial information and transactions of your family and household members who are included in the BreadVault Account established in your name. BreadVault will not verify any amounts, transactions, calculations, allowances, budgets, goals or other information or Data that you or your family members enter into the BreadVault Site or Services. It is your responsibility to keep track of and monitor the availability of funds, money flows and financial transactions within your Firm financial account. BreadVault does not provide investment or any financially related advice, including tax advice. Any such advice should be obtained from your professional financial advisors. To the extent any securities may be listed on the Site or through the BreadVault Services they are provided for illustrative purposes and examples only and are not to be considered as recommendations.
The BreadVault Services are provided "As-Is" and as available. We and our suppliers expressly disclaim any
warranties and conditions of any kind, whether express or implied, including, but not limited to, title, fitness
for a particular purpose, the conditions or warranties of merchantability, quiet enjoyment, non-infringement, or
accuracy. We and our suppliers make no warranty that:
the Services will be available on an error-free basis, or be timely, secure or uninterrupted;
the results that may be obtained from the use of the Services will be accurate or reliable; or the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall we or our suppliers be liable to you or any third party for any lost profit or any exemplary, special, indirect, punitive, consequential or incidental damages arising from your use of the Services, even if we or our suppliers have been advised of the possibility of such damages.
You may have other legal rights that vary from jurisdiction to jurisdiction, and since some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not be applicable to you.
You hereby release us, our officers, employees, agents, suppliers, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any incorrect or inaccurate Data (including any information in BreadVault Accounts) posted on the Site , whether caused by you or others in your BreadVault Account or by any of the equipment or programming associated with or utilized in the Services, or as a result of any decisions made based upon information obtained from the Site or through the BreadVault Services.
9.1 Amendments. From time to time; this Agreement may be modified by us. We will notify the BreadVault Account Owner at the BreadVault Account Owner’s e-mail address, as specified in the BreadVault Account, if we make material changes to the Agreement. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Site and Services after that time shall constitute your acceptance of the amended Agreement.
9.2 Governing Law. This Agreement shall be governed by the laws of the State of North Dakota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of North Dakota for the purpose of litigating all such claims or disputes.
9.3 Force Majeure. Any delay in the performance of any duties or obligations of either party and their suppliers (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a shortage of materials, war, governmental act, terrorism, labor dispute, earthquake, fire, flood, acts of God, failures of common carriers (including Internet service providers), or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
9.4 Indemnity. You agree to indemnify, defend, and hold us, our affiliates, subsidiaries, agents, officers, and other employees and partners, harmless from any liability, claim, loss, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or Services in violation of this Agreement and/ or arising from your breach of any provision of this Agreement.
9.5 U.S. Export Controls. No software may be downloaded from the Site or Services or otherwise exported or re- exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law.
9.6 Survival. The provisions under Sections 1.6, 2, 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement for any reason.
9.7 Other. This Agreement is accepted upon your use of the Site and Services, by registering or using a BreadVault Account. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The headings and section titles of this Agreement are provided for convenience only and hold no contractual or legal effect. Contact Information. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement. All notices to BreadVault intended to have a legal effect must be delivered in writing to: BreadVault, 158 West Beaton Drive, West Fargo, North Dakota.
9.8 Copyright/Trademark Information. Copyright © 2012, BreadVault All rights reserved. The trademarks, logos, designs, and service marks that appear on this Site belong to BreadVault or their respective trademark and copyright owners and are used here for the sole purpose of identifying the source of such products or services. BreadVault is not affiliated with or endorsed by any of these trademark or copyright owners who remain the exclusive owners of such rights. You are not permitted to use these trademarks or copyrights without our prior written consent or the consent of such third party