Account Verification Terms and Conditions

The Account Verification Service (“Service”) is intended to verify your authority and access to an external financial account that you link to your Dwolla account by confirming your ability to access the external financial account. Your use of the Service is subject to the terms of the Dwolla Terms of Service, the Dwolla Privacy Policy, and these Account Verification Terms and Conditions. By using the Service, you agree to be bound by the Account Verification Terms and Conditions.

PROVIDE ACCURATE INFORMATION. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at third party institutions, and you agree to not misrepresent your identity or your account information.

THIRD PARTY ACCOUNTS. By using the Service, you authorize Dwolla, Inc. (“Dwolla”) and its supplier Yodlee, Inc. (“Yodlee”) to access third party sites designated by you, on your behalf, to retrieve information requested by you, or as required by Dwolla to confirm your financial institution account. IF YOUR WHITE LABEL PROVIDER (AS DEFINED IN THE DWOLLA TERMS OF SERVICE) DISCLOSES TO YOU WITHIN ITS TERMS OF SERVICE OR OTHERWISE THAT IT IS USING THE BALANCE CHECK FEATURE, YOU ALSO AUTHORIZE DWOLLA AND YODLEE TO ACCESS THIRD PARTY SITES DESIGNATED BY YOU, ON YOUR BEHALF, TO RETRIEVE AND CONFIRM ACCOUNT BALANCE INFORMATION AND TO SHARE SUCH INFORMATION WITH YOUR WHITE LABEL PROVIDER. For all purposes hereof, you hereby grant Dwolla and Yodlee a limited power of attorney, and you hereby appoint Dwolla and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN DWOLLA OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, DWOLLA AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.

USE OF RESULTS LIMITED. You agree that the results of the Service are for use by you and Dwolla and its service providers only in connection with the Dwolla Services. You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Service.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER DWOLLA NOR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF DWOLLA OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.

INDEMNIFICATION. You agree to indemnify Dwolla and hold harmless Dwolla and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Service, your violation of these terms, and/or your infringement of any intellectual property or other right of anyone.

You agree that Yodlee is a third party beneficiary of the above provisions, with all the rights to enforce such provisions as if Yodlee were a party to this Agreement.