Date of Last Revision: April 17, 2021
Cabbage is a service of Cabbage, LLC Inc. (“Cabbage”), a Kansas limited liability company. Cabbage helps parents teach children money management skills including building and using a budget.
You understand, agree and acknowledge that Cabbage is solely responsible for the Services. For avoidance of doubt, Apple is not responsible or liable for the Services or the content thereof, and you will look solely to Cabbage to meet any and all obligations, and for any liability, under this Agreement. Without limiting the foregoing, Apple has no responsibility or obligations whatsoever with respect to any product liability, legal or regulatory compliance, consumer protection matters or claims related to intellectual property rights, in each case with respect to the Services. Should you have any questions concerning this Agreement, need technical support or have complaints or claims with respect to the Services, you may contact Cabbage by emailing email@example.com.
In addition, you understand, agree and acknowledge that, Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement Apple, as a third party beneficiary of this Agreement, shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
This Agreement will remain in full force and effect while you use the Services. The use of the “Cabbage Free” plan under the Services is currently free of charge. To the extent we decide in our sole and absolute discretion to charge for the Services, we will notify you of same, and you agree to pay the appropriate fees in order to obtain such services or to discontinue use of the Services.
2. REGISTRATION DATA; ACCOUNT SECURITY.
You agree to (a) provide accurate, current and complete information on any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You consent to receive communications and notices from Cabbage at the email address you provide in your Registration Data or otherwise elect in your account settings.
3. NON-COMMERCIAL USE.
4. PROPRIETARY RIGHTS IN THE SERVICES; LIMITED LICENSE.
Cabbage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services or any features within the Services at Cabbage’s sole discretion and without prior notice to you.
While Cabbage may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by Cabbage at any time, at Cabbage’s sole discretion, and without prior notice to you.
Cabbage shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
For avoidance of doubt, the parties understand, agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
“Cabbage” and “First Habits Win” the “Cabbage” logo and other Cabbage and First Habits Win graphics, logos, designs, page headers, button icons, scripts and service names are our trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
6. USER CONTENT POSTED ON THE SERVICES.
Your account and transaction, information, and other information that you may from time to time provide to the Services (collectively, “User Content”) belong to you and will be used solely to provide the Services to you in ways consistent with this Agreement. You retain copyright and any other rights you already hold in the User Content. By providing the User Content, you automatically grant and you represent and warrant that you own or have the necessary license, rights, consents and permissions to grant, to Cabbage a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, display, adapt, modify, distribute, perform and publish within the Services and for the purpose of providing the Services any content which you provide to the Services. Your account and transaction information will only be published in a manner that is accessible through your account.
If you post User Content that is intended and understood to be publicly accessible, including all submissions to Cabbage’s blog and forums, you grant Cabbage a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, display, adapt, modify, distribute, perform, publish and create derivative works of such content with no further accounting to you as long as attribution to you as author is preserved.
Other than the limited license set forth above, Cabbage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any User Content that you provide to the Services. You agree that you are responsible for protecting and enforcing your intellectual property rights and that Cabbage has no obligation to do so on your behalf.
While Cabbage will endeavor to maintain availability and access to your User Content, you understand and agree that You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post on the Services or provide to us.
You agree to the following:
You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
You will not facilitate or encourage any violations of this Term of Use.
You will not enter anyone’s social security, driver’s license, passport, credit card, debit card, bank account, or phone numbers or other similar content such as a postal address, unique personal identifier, online identifier, internet protocol address or similar identifiers, including your own, on the Services. Further, you will not enter any email address outside of fields that request your email address, such as for registration or login.
You will not use Cabbage if you are located in a country embargoed by the United States, or are on the United States Treasury Department’s list of Specially Designated Nationals. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Except with the “Free” plan, Cabbage charges a subscription fee (“Subscription Fee”) for the duration of your use of the Services. In this document, “Period” refers to the subscription interval for which a Subscription Fee is charged and Services are provided. A single Period can be one month or twelve (12) months depending on the amount of the Subscription Fee.
You must provide Cabbage or its affiliates or partners with a valid credit card or debit card number with available credit or funds to pay the Subscription Fee. You authorize Cabbage or its affiliates or partners to make all charges described in this Agreement to your organization’s account. If the payment of your Subscription Fee fails for any reason, your account may be suspended until you provide Cabbage with valid credit card information and the Subscription Fee is paid.
The Subscription Fee for each of the Services is dependent on the Service. Cabbage reserves the right, at any time, to modify its Subscription Fee and billing methods. Current Subscription Fees are posted within your Cabbage account on the “Subscriptions” page.
Subscription Fees may be charged to your account in advance on a periodic basis. The Subscription Fee is non-refundable. There will be no refunds or credits for partial Periods of Service or for Periods unused with an open account. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.
9. SUBSCRIPTIONS TERMS AND TERMINATION
All Services are made available on a periodic basis through the First Habits Win website, the Apple App Store, and Google Play. Periodic subscriptions will be automatically renewed by Cabbage unless you disable a Service or disable automatic renewal.
You may disable any Service at any time by accessing the Subscription page in your account and following the instructions for disabling a Service. Disabling of any Service will take effect after any existing paid Periods expire. When you disable a Service, no charges for the Service will appear in your Subscription Fee for the next billing cycle. Requests to disable any Service or cancel your account must be processed before 5PM Central Time two days before your monthly billing cycle in order to avoid a subsequent charge for your Subscription Fee.
Disabling any Service may cause the loss of content, features or capacity of your account. Canceling your account will cause the immediate loss of all Content, features and capacity of your account. This information cannot be recovered and Cabbage does not accept any liability for such loss.
Cabbage, in its sole discretion, may immediately terminate this Agreement, your account, and all current or future use of the Services, for any reason at any time. Termination of your account includes removal of your access to all services and the forfeiture and relinquishment of all User Content in your account. Cabbage reserves the right to refuse services to anyone for any reason at any time.
10. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS.
When we receive proper notification of alleged copyright infringement, we will investigate and may remove or disable access to the allegedly infringing material and may terminate, in our sole discretion, the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act and other applicable law. We may also, at our sole discretion, limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Services infringes upon any copyright which you own or control, you may contact us. Cabbage will assess the material and may remove the material from public viewing.
11. THIRD-PARTY SERVICES, WEBSITES, AND CONTENT.
Use of the Services may require Internet access. User agrees to accept any additional terms of service of any third party service required to access the Services. The Services contain or may contain in the future (or you may be sent through the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, items and other content belonging to or originating from third parties (the “Third Party Components”). Such Third-Party Sites and Third-Party Components are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the acts or omissions of any Third Party Sites or Third Party Components. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Components, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Services to which you navigate from the Services or relating to any Third Party Components.
12. VIRAL DISTRIBUTION WIDGETS.
In order to promote the Services, we may supply widgets that allow you to incorporate your content in Third Party Sites. If you choose to use such widgets, you give us permission to export to Third Party Sites some features of your profile. Such features that may be exported to Third Party Sites include, but are not limited to, your name and picture. Widgets we supply will clearly indicate what information they will export to Third Party Sites.
13. DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CABBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS EXPRESSLY DISCLAIM TO YOU ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CABBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS MAKE NO WARRANTY TO YOU (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR GENERATE BENEFIT (INCLUDING WITHOUT LIMITATION ECONOMIC BENEFIT) TO YOU; AND (iv) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE.
ANY MATERIAL OR INFORMATION DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE USE OF THE SERVICES IS MADE AVAILABLE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CABBAGE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, FOR AVOIDANCE OF DOUBT, APPLE SHALL HAVE NO WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE SERVICES OR ANY DATA ACCESSED THEREWITH AND SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTIES.
14. LIMITATION ON LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CABBAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAYSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CABBAGE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
15. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU TO THE EXTENT SO PROHIBITED BY LAW.
If there is any dispute about or involving the Services, you agree that the dispute will be governed by the laws of the State of Kansas without regard to its conflict of law provisions and will be resolved in a state or federal court located in Topeka, Kansas. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Kansas, City of Topeka.
You agree to indemnify and hold Cabbage, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services, any User Content you post on or through the Services and/or arising from a breach of this Agreement.
You and Cabbage acknowledge that in the event of any third party claim that the Services or your possession and use of such Services infringes that third party’s intellectual property rights, Cabbage, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and solely to the extent Cabbage has such responsibilities.
18. CABBAGE ASSIGNMENT.
20. ADDITIONAL TERMS FOR USERS OF CABBAGE ON IOS
By downloading a version of Cabbage built for Apple’s iOS (the “Licensed Application”), you additionally agree to the following terms:
Your license to the Licensed Application is a non-transferable license to use the Licensed Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
In the event of any failure of the service to conform to any applicable warranty, you may notify Apple, who may refund any relevant payment made for the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Cabbage, governed by the terms set forth in Paragraphs 1 through 19 of this Agreement.
Any questions, complaints, or claims with respect to the Services can be directed to:
P.O. Box 158
Perry, KS 66073