Table of Contents
- General Provisions
- Password and Account Security
- Depository Account
- Consent for Electronic Delivery of Documents
- User Guidelines
- User Data
- Referral Program
- Disclaimer of Warranties
- Our Intellectual Property
- Digital Millennium Copyright Act Notice
- Limitation of Liability
- Dispute Resolution
- Governing Law
- Force Majeure
1. General Provisions
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. If a change is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms and/or Site or Services. We suggest periodically visiting this page of the Site to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You must maintain a current up-to-date email address, mailing address, and phone number associated with your account at all times. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
2. Password and Account Security
You may create your own login information on the Site by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.
If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
3. Depository Account
a. Relationship with Bank.
We offer the ability for you to form a depository account relationship with Evolve Bank & Trust, an Arkansas state bank (“Evolve”). We are not a bank or credit union. Your account will be established and maintained with, and transactions will be processed by, Evolve. Under no circumstances will we have possession of the funds in your account or the ability to directly initiate ACH debit or credit entries on your behalf. We will act as your agent in delivering communications and instructions from you to Evolve, and we will act as the Evolve’s agent in delivering communications and instructions to you from Evolve. You acknowledge and agree that we may be compensated by Evolve for these communication and instruction transfer services. We will also act as the Evolve’s agent in providing customer service functions such as receiving and responding to your questions, providing information to you about your account status or transaction history, maintaining ledgers of your transactions, resolving errors and disputes, and verifying your identity. We may contract with third parties to provide some or all of the foregoing functions.
b. Depository Agreement
You will be required to enter into a Depository Agreement with Evolve as a condition of forming a depository account relationship with Evolve. Please read the Depository Agreement carefully because it contains important information about the operation of your account, your rights and responsibilities, account creation and termination procedures, and FDIC insurance coverage for your account. By entering into the Depository Agreement with Evolve, you will become a customer of Evolve. Your relationship with Evolve will be governed by the Depository Agreement and we are not responsible for Evolve’s performance under the Depository Agreement, Evolve’s financial condition, or any act or omission of Evolve or its agents.
We may communicate periodic statements to you on Evolve’s behalf. These will be provided to you electronically through the Site. You should print or save the account statements for your own records.
d. Bank Change
We may choose to transition our services to another bank in the future or terminate our services in their entirety. In either event, we will provide you notice of the change and instructions for any actions you need to take to transition your account to another financial institution, take receipt of the funds in your account, or take other actions.
4. Consent for Electronic Delivery of Documents
You consent to receive all agreements, disclosures, statements, notices, and other communications from us electronically. You agree that you will always maintain a valid email address on file and continue to have access to the Internet.
a. Duration of Consent
This consent will be effective immediately and will remain in effect unless you or we revoke it.
b. Right to Paper Copies
You have the right to request paper delivery of any communication required by law to be provided to you in writing. We may charge a reasonable service fee for paper delivery of any communication that would otherwise have been provided to you electronically.
c. Delivery Methods
We will deliver electronic communications to you by email or making the communication viewable to you online or in our mobile application. We recommend that you print a paper copy of any electronic communication for your records.
d. Hardware and Software Requirements
You understand that in order to receive electronic communications via email, you must have Internet access, a valid email address, and the ability to receive and review emails containing HTML and PDF files. In order to access documents provided to you on our website, you must have internet access, a customer online account with us, a supported operating system (Windows 10+, Mac OS 10.14+, Android 7.0+ or iOS 11.0+), and a supported web browser (most recent version of Edge, Chrome, Firefox, or Safari). In order to use our mobile application, you must have Internet access, a valid email address, an online profile with us, a supported operating system, and a supported mobile device. Mobile devices that support the following operating systems are generally capable of running our mobile application: Android 7.0+ or iOS 11.0+. If the hardware or software requirements to receive or access electronic communications from us materially change in the future, we will notify you by sending an email to the email address we have on file for you.
You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. Although we have implemented reasonable technical safeguards to protect our communication systems from unauthorized access, we cannot guarantee network security and you accept that receiving or sending communications via the Internet is at your own risk.
f. Revocation & Updating
You may revoke your consent at any time by notifying us in writing at the address provided below. Your revocation will be effective no more than three (3) business days after actual receipt by us.
ATTN: E-SIGN Revocation
3790 El Camino Real #9039
Palo Alto, CA 94306
Email address: email@example.com
Please include your name, mailing address, and phone number in any written correspondence. You may also update your email address from within your online account profile and in our mobile application. PLEASE BE AWARE THAT ELECTRONIC DOCUMENT DELIVERY IS A REQUIREMENT OF THE SERVICES. YOUR RELATIONSHIP WITH US, AND WITH EVOLVE (IF APPLICABLE), WILL BE TERMINATED IF YOU REVOKE YOUR CONSENT.
5. User Guidelines
You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Site or Services to commit fraud, engage in criminal activity, or interfere with the use of the Site or Services by others. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines.
6. User Data
We will maintain certain data that you transmit as part of the Services for purposes of managing the Services and providing the Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Services.
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services
From time to time, we may offer opportunities to participate in sweepstakes either directly or through a third-party sweepstakes administrator. Your participation will be governed by the official rules applicable to the sweepstakes in which you participate, and such official rules are supplemental terms incorporated herein by reference. You may find a list of current sweepstakes with links to their official rules here.
9. Referral Program
We provide the opportunity for you to refer our Services to your friends and family. If you choose to refer individuals, you will only refer individuals with whom you have a personal relationship and who you believe would benefit from using our Services. You will respect individuals’ requests that you stop referring them. We may provide a benefit to you in return for your referral if the referred party creates, is approved for, and successfully deposits funds into a depository account using a valid referral link generated by us and provided to them by you. We will communicate any potential benefit to you via the referral section of our mobile application. If the benefit is a credit to your depository account, you must have an active depository account in order to receive the credit. If we determine, in our sole discretion, that you received a benefit in error or due to your violation of these Terms, we may invalidate the benefit and require that you return it. We may modify or terminate any potential benefit to you at any time, with or without notice. You are not our agent and you accept sole responsibility for any liability arising from your transmission of referral links to others.
10. Disclaimer of Warranties
The Site and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.
11. Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or used on the Site or Services with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site or Services may be the trademarks and the property of their respective owners.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
12. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
Attn: Copyright Manager
3790 El Camino Real #9039
Palo Alto, CA 94306
Email address: firstname.lastname@example.org
In your notice, please include:
- Your physical or electronic signature;
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
13. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration shall be conducted in San Mateo County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
15. Governing Law
The Terms are governed according to the laws of the State of California, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in San Mateo County, California.
You will defend, indemnify, and hold us and our affiliates, officers, directors, owners, employees, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; or (iii) your negligence or willful misconduct.
18. Force Majeure
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
3790 El Camino Real #9039
Palo Alto, CA 94306
Email address: email@example.com
Effective Date: July 14, 2020
LAST UPDATED: July 14, 2020
Date Summary of Change