These Terms of Use (“Terms”) govern your access to and use of our websites, web services, mobile applications and any other products or services (collectively, the “Site”) owned and operated by Overcome Money LLC.

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Your Acceptance of These Terms of Use

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These Terms apply to all users of the Site, whether or not you have a paid membership or subscription. By accessing or using the Site, you agree to comply with and be bound by these Terms, our Privacy Policy, and any supplemental terms referenced or linked to herein. If you do not agree, you may not access or use the Site.

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Our Privacy Policy

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Before using the Site, please click here to review our Privacy Policy. All personal information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, the Privacy Policy controls.

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Who Should Use The Site

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The Site and the information contained therein is intended for a United States audience ages 18 and up. Although we may make products and services that are suitable for children under 18, Overcome Money does not knowingly market to or target children under 18 through the Site. Anyone under 18 using the Site should do so with the supervision of a parent or guardian. If you suspect that your child under the age of 13 has provided personal information to us through the Site, please contact us immediately at privacy@overcomemoney.com.

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Ownership of the Site and its Content

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 The Site, including all its content (“Content”), is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Overcome Money or Overcome Money’s affiliates and partners and are protected pursuant to applicable copyright and trademark laws. The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission, which may be withheld in our sole discretion. Permission is hereby granted only to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site, but only on a temporary basis and for your personal, educational, and noncommercial use, provided that (i) you do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Site and Content not expressly granted are hereby reserved by Overcome Money.

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Trademarks

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The Overcome Money names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Overcome Money and/or its affiliates (the “Overcome Money Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the Overcome Money Marks in any manner without our prior written permission, which may be withheld in our sole discretion. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within the Site without the prior written permission of such owners. The use or misuse of the Overcome Money Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

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Your Feedback

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The feedback you provide to us through or about the Site or any of our other products and services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

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Your Obligations

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In consideration of your use of the Site, you agree that to the extent you provide personal information to Overcome Money, it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image that you are authorized to use for your profile picture, if any. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities, or the unauthorized use of images owned by others is prohibited. To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether by you or by anyone else using your username and password and whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You agree to use the Site in accordance with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, any interference with the availability of or access to the Site, or any unauthorized scraping of the Content on the Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your use of or access to the Site.

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Calculators, Analysis Tools, and Advice

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The calculators, spreadsheets, and analysis tools found on the Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice. Overcome Money recommends that you (a) seek the advice of professional advisors, including financial advisors, before making any type of financial decision, and (b) independently verify any calculation or output obtained from a Tool. Your use of Tools and Content found on the Site is at your own risk. The results from Tools and Content presented may not reflect the actual return of your own investments. Overcome Money is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, Overcome Money is not responsible for any human or mechanical errors or omissions. Additionally, Overcome Money may offer opportunities to receive coaching or information directly or indirectly from Overcome Money’s personnel or independent contractors (“Coaching”). The Coaching is informational in nature. Overcome Money is not engaged in the provision of legal, tax, medical, mental health, or any other advice. Overcome Money does not make, and hereby disclaims, any representations and warranties regarding the content of the Coaching, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. You use the advice and information provided in the Coaching at your own risk. Overcome Money hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Coaching, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Coaching, regardless of the cause. OVERCOME MONEY IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE COACHING.

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Affiliates and Partners

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Overcome Money may from time to time recommend certain vendors and service providers, including but not limited to vendors and service providers through Overcome Money affiliate programs (“Affiliate Providers”). Overcome Money does not make, and hereby disclaims, any representations and warranties regarding the products or services of the affiliates. Your engagement with an affiliate is solely between you and that affiliate and is governed by the terms of the agreement between you and them. OVERCOME MONEY IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR USE OF A PREFERRED PROVIDER.

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Links to Third-Party Websites

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The Site may (a) provide links to other websites operated by third parties or (b) allow you to interact with third party businesses, including affiliates. Overcome Money is not responsible for the availability of those websites and does not endorse any third party business except as expressly stated on the Site, and with respect to any businesses endorsed on the Site, Overcome Money expressly disclaims all responsibility and liability for any services, products, content, advertising, services, products, or other materials on or available from such third parties. OVERCOME MONEY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY LINKED WEBSITE OR BUSINESS.

Disclaimer of Warranties

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YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OVERCOME MONEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. OVERCOME MONEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. OVERCOME MONEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OVERCOME MONEY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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Limitation of Liability

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IN NO EVENT SHALL OVERCOME MONEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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Indemnification

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You agree to defend, indemnify, and hold harmless Overcome Money, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Site caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

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Ability to Accept Terms of Use

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You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are at least 18 years old, as the Site is not intended for children under 18. If you are under 18 years of age, then please do not use the Site.

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Fees and Payments

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Overcome Money budgeting data programs, where users are charged subscription fees for the use of certain services. Overcome Money reserves the right to change the fees at any time, upon notice to you. By registering for a paid account, or other subscription service, you agree to pay Overcome Money the fees for the services applicable to the account level you choose. For any upgrade or downgrade in plan level, the debit card that you provided will automatically and immediately be charged the new rate.

All fees are paid in advance and are non-refundable. If you provide us with a debit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Overcome Money in the event of any refusal of your debit card issuer to pay any amount to Overcome Money for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any reasonable amount when due, Overcome Money may immediately suspend or terminate your use of or access to any or all of our services. Paid account or subscription services will renew automatically unless you cancel your account or subscription (see Cancellation section below on how to cancel). To avoid the fees for the renewal term being billed to your debit card, you must cancel your account or subscription before the calendar day it renews (the day of the month you are to be charged).

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Cancellation

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You may cancel your account or subscription at any time. If you cancel before the last day of your current paid month, your cancellation will take effect immediately and you will not be charged again.

Assignment

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These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Overcome Money without restriction.

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General

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You agree that: (i) the Site shall be deemed solely based in Oklahoma; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Overcome Money, either specific or general, in jurisdictions other than Oklahoma. These Terms shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. Any claim or dispute between you and Overcome Money that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Comanche County, Oklahoma. These Terms, together with the Privacy Policy and any other legal notices published by Overcome Money on the Site, shall constitute the entire agreement between you and Overcome Money concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term and Overcome Money's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Overcome Money reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND OVERCOME MONEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Other Disclaimers

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Overcome Money makes no representations or warranties with respect to the Site or its Content, or any Tool, Feedback, coaching service, information, product, or service available on or promoted through the Site, including products or services from third-parties. The Site, all Tools, any Feedback, and all Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, OVERCOME MONEY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, ANY COACHING, INFORMATION, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. Without limiting the generality of the foregoing, Overcome Money, its affiliates, and their service providers and licensors disclaim all representations and warranties of the following: (a) title, non-infringement, merchantability and fitness for a particular purpose, (b) security of the Site, (c) that the Content of the Site, Feedback, or any Tools are accurate, complete, or current, or (d) that the Site will operate securely or without interruption or error. Your use of the Site is at your own risk.

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Limitation of Liability

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To the fullest extent permitted by applicable laws, we, on behalf of our owners, directors, officers, employees, agents, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising, including, without limitation, any direct, indirect, general, special, punitive, incidental, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site. You assume total responsibility for establishing such procedures as you consider necessary for data back up and virus checking. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis.

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If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed the amount you paid Overcome Money in the twelve (12) months immediately preceding the event giving rise to the liability.

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Geographic Restrictions

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The Site is intended exclusively for a United States audience. If you access the Site from a country other than the United States, your use of the Site is unauthorized and at your own risk.

Communications; Text Messaging Services

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We may offer communications via calls, SMS text messages, or similar technology subject to our receiving from you any consents required by applicable law. These communications may be sent or initiated by Overcome Money or any of its service providers, such as when we send agents notifications for lead requests submitted to Overcome Money through the Site. Message and data rates may apply. Message frequency may vary according to how you interact with our platform. To stop receiving text messages from Overcome Money, reply STOP. You agree we may send you a message to confirm our receipt of your STOP request. You may also opt-out of Overcome Money text messages by emailing your request and mobile telephone number to privacy@overcomemoney.com.

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You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that Overcome Money will have no liability for failing to honor such requests. You may also contact our customer assistance team by emailing us at privacy@overcomemoney.com. Not all mobile devices may be supported, and text messaging may not be available in all areas. Overcome Money and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use or reliance on the content of any text message. You agree that all information you provide through the Site (including but not limited to your telephone number(s) and other contact information) will be accurate, current, and truthful to the best of your knowledge. You consent to Overcome Money’s use of such information in accordance with our Privacy Policy. If you have any questions about your text plan or data plan, you must contact your wireless provider.

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Modification, Discontinuation, and Termination

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We reserve the right, at any time and from time-to-time and with or without notice, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products, and/or services available through the Site (or any part thereof). You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site.

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You also agree that Overcome Money, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if Overcome Money believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Overcome Money may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. Further, you agree that Overcome Money shall not be liable to you or any third-party for any termination of your use of or access to the Site. If Overcome Money terminates your use of or access to the Site due to a violation of these Terms, Overcome Money will not issue any refunds to you but also will not charge your debit card again.

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Waiver

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Our failure at any time to require immediate performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, Overcome Money’s waiver of any breach of any provision of these Terms or of any right provided for herein will not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

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Severability

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If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

Governing Law, Jurisdiction, and Venue

These Terms will be governed under the laws of the State of Oklahoma without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state court in Lawton, Oklahoma and Comanche County, or in federal court in Oklahoma City, Oklahoma. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that violation of these Terms is taking place or originating.

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Indemnity

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You agree to indemnify and hold Overcome Money, its subsidiaries, and affiliates, and their respective owners, officers, directors, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

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Terms of Use May Change

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These Terms are current as of the effective date set forth above. Overcome Money reserves the right to change these Terms from time to time and as it deems necessary, including to be consistent with applicable laws. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept the revised Terms, you may not access or use the Site.

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Entire Agreement

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These Terms, together with our Privacy Policy and any supplemental terms referenced or linked to herein, contain the entire understanding and agreement between you and Overcome Money with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Overcome Money with respect to the Site and your use of and access to the Site.

Questions

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If you have any questions about the Site or these Terms, please contact us using the following contact information:

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Overcome Money, LLC

606 SW D Ave

Lawton, OK 73501

privacy@overcomemoney.com