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Terms of Service for EARN, Inc.
EARN, Inc. (“EARN”) provides various programs designed to provide eligible participants with incentives to increase their savings or otherwise enhance engagement with financial education and savings (each, a “Program”). These Terms of Service (“Terms”) are a legal agreement (“Agreement”) between you and EARN and govern your access to and use of any Program or other EARN service that links to or refers to these Terms. Participation in any individual Program may be subject to supplemental terms and conditions (“Program Rules”).
Please carefully review these Terms and any applicable Program Rules before applying for or participating in the Program. Individual Program Rules may specify important information, including eligibility criteria, withdrawal rights, and the terms of any applicable financial reward.
By participating in a Program or any other EARN services that link to these Terms, you agree to accept and be bound by these Terms and any applicable Program Rules.
THESE TERMS CONTAIN DISCLAIMERS (SECTION 9), LIMITATIONS OF LIABILITY (SECTION 10), AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 13).
EARN reserves the right to change or modify any of the terms and conditions contained in the Terms at any time at its sole discretion. Your continued use of the Program following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
1. General Program Terms
- You have no right to Program incentives, which are not federally insured nor held in trust for you and which do not accrue interest prior to, during, or after the applicable Program term. Without limitation:
- EARN may determine that it does not have sufficient funds to provide you an incentive at any time before, during, or after the Program, including during or after the application process.
- You will not be eligible to receive any incentive if your participation in a Program is terminated for any reason, whether voluntary or involuntary.
- EARN reserves the right to decline participation in a Program to anyone either before or after opening an account. EARN, the EARN Programs, and any Program Account do not discriminate on the basis of race, gender, national origin, ancestry, ethnicity, religious affiliation, physical or mental disability, age, medical condition, or sexual orientation.
- You are solely responsible for determining whether an incentive and, if applicable, any accrued interest is subject to state, federal, or other taxes or other encumbrances or legal obligations. You are responsible for any tax due with respect to the incentive and interest, even if the tax should have been withheld by another party and was not withheld.
- We and our partners shall have the right, in our sole discretion, to establish or change limits concerning use of the Programs, temporarily or permanently, including but not limited to the number of times (and the maximum duration for which) you may access a Program or the number of Programs in which you may participate in a given period of time. We reserve the right to make any such changes effective immediately, including to maintain the security of the system or information or data or to comply with any laws or regulations.
2. Linked Savings Accounts
- Program participation may require you to successfully link a qualifying financial account or instrument with your online account using Plaid Technologies Inc. or another similar partner selected by EARN (“Aggregator”) (“Linked Savings Account”). This means you may not be able to participate if you do not have a relationship with a bank, depository institution, or other financial services provider (collectively referred to as “Financial Providers”) that allows Programs to access their services.
- BY LINKING YOUR ACCOUNT, YOU PROVIDE EARN AND AGGREGATOR ACCESS TO LINKED SAVINGS ACCOUNT ACTIVITY. You hereby authorize EARN and Aggregator to access information from your Financial Provider, including your account login details, such as username(s), passwords, and answers to security questions; contact details, such as your email, address and phone number on file with your Financial Provider; account information, such as account names, numbers and balances; transaction histories, such as charges, credits, debits and deposits; information about credit, loan and investment accounts (where applicable); and information from third-parties, such as fraud and identity verification services (“Account Data”) during any period in which your Linked Savings Account remains linked to a Program. You hereby provide any required authorization to EARN, Aggregator and your Financial Provider to make your Account Data available to each other in connection with Program participation.
- To de-link your Linked Savings Account from your account, please visit the “Profile” section of the applicable Program Account web portal. Please note that if you de-link your account you may no longer be eligible for the applicable Program and/or cease to be eligible for Program incentives.
- You may not participate in applicable Programs unless your Linked Savings Account satisfies the following:
- Your Linked Savings Account is in your name. It may be a joint account, but, a joint account may only be used in a Program under one account holder’s name.
- If you change your Linked Savings Account you may lose Program incentives accrued with a prior Linked Savings Account.
- You may not be permitted to enroll in a Program Account using a Linked Savings Account that previously has been linked with another Program Account. This means that, if you are a joint account holder and the joint account is linked to a Program Account, you may not be eligible to open a second Program Account using the joint account.
- Where relevant to incentives, EARN reserves the right to determine the time at which a particular deposit was made (for example, if a deposit is recorded by your financial institution as “pending” and “cleared” on different dates, EARN reserves the right to determine the month in which to treat the particular deposit as having been made ).
3. IMPORTANT PROGRAM-SPECIFIC DISCLAIMERS
- EARN is not a bank, and EARN Programs will not provide you with a depository or other financial account. Rather, eligible participants in certain Programs may accumulate savings in accounts with their own bank, depository institution, or other Financial Services Provider pursuant to their own relationship with such Financial Providers. Please reference your account or other agreement with your Financial Provider for information about the terms of your relationship with your provider (e.g., deposit insurance, interest, fees, etc.).
- Do not rely on EARN accounts, dashboards or other interfaces for accurate information, including information about your Account Data. You should not make any financial decisions in reliance on information presented by EARN but rather contact your Financial Provider. Without limitation, Programs may “refresh” Account Data nightly or at other intervals,so your most recent transactions may not be reflected in any account balances or other account information presented to you via Program accounts.
- EARN IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR, THE CONDUCT OF ALL THIRD PARTIES, INCLUDING WITHOUT LIMITATION THE FOLLOWING THIRD PARTIES: PLAID AND ANY OTHER AGGREGATOR, FINANCIAL PROVIDERS, AND PROGRAM PARTNERS (each, a “Third-Party Service”). By participating in any Program, you acknowledge and agree that EARN does not control the conduct of third parties and your ability to access and use Aggregator’s or other Third-Party Services will be subject to the discretion and terms of the applicable Third-Party Service. You should not enroll or participate in a Program Account if you do not agree to be subject to any applicable terms and conditions governing your relationship with EARN, an Aggregator, your Financial Provider, and any Program Partner(s).
- EARN may permanently close your Program account and/or terminate or deny your participation in a Program at any time if any of the following occurs:
- You speak disrespectfully to, use threatening language toward, or act in an unprofessional or inappropriate manner toward EARN personnel.
- You are in breach of these Terms or the Program Rules in any respect or fail to meet any of the eligibility criteria or conditions outlined in these Terms, in the Program Rules, or elsewhere communicated to you by EARN personnel.
4. User Representations, Warranties, and Covenants.
The following additional representations, warranties, and covenants are applicable. By opening a Program Account or otherwise participating in the Program you represent and warrant to the following:
- You have a Linked Savings Account in your name; and all information submitted to EARN is correct and accurate.
- You agree to comply with applicable laws and regulations in using, accessing or distributing Programs, including any data provided via Programs.
- You are fully responsible for (i) the security of data on your devices, websites or otherwise in your possession or control, (ii) maintaining the confidentiality and security of all security and access information, used by you, or anyone you authorize on your behalf, to access Programs and your Linked Savings Account and (iii) preventing unauthorized access to or use of the information, files or data that you store or use in or with Programs. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information, and to immediately notify EARN if you become aware of any loss, theft, or unauthorized use of Programs or your Program account.
- You represent and warrant that you have the right and authority to provide all authorizations and consents provided hereunder or otherwise to EARN.
5. Prohibited Content and Activities
You may not access or use, or attempt to access or use, any EARN Program to take any direct or indirect action that could harm EARN or any person or entity (a “Person”), interfere with the operation of an EARN Program, or use any EARN Program in a manner that violates any laws. For example, and without limitation, you may not and shall not permit any third party to:
- Impersonate any Person or otherwise misrepresent your credentials, affiliation, or the origin of any information you provide.
- Obtain or attempt to gain unauthorized access to computer systems, materials, information or any services available on or through a Program; attempt to interfere with the proper working of a Program; breach the security of any system, device, or network; circumvent, reverse engineer, decompile, decode, disassemble, decrypt, attempt to obtain the source code of any component of a Program, or otherwise alter or interfere with any of the software making up any part of Programs; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of any EARN Program or attempt to probe, scan, test the vulnerability of, or breach the security of any system of network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files.
- Engage in any unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized means to compile information.
- Engage in any other conduct that restricts, or inhibits any third party from using or enjoying any EARN Program, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
- Use any EARN Program or data provided via any EARN Program in any way in furtherance of criminal, fraudulent, or other unlawful activity, or engage in, encourage or promote any activity that violates these Terms or any applicable Program Rules.
Violations of system or network security may be subject to civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms or the Program Rules. We may suspend or terminate your access to any Program for any or no reason at any time without notice.
6. User Submissions
You remain fully responsible for the materials that you provide to us, including without limitation images, photographs, videos, and comments (“User Submissions”). You agree not to provide User Submissions that:
- infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
- are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually- explicit;
- violate a third party’s right to privacy or publicity;
- degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- contain epithets or other language or material intended to intimidate or to incite violence; or
- violate any applicable local, state, national, or international laws or otherwise violate these Terms, including Section 5 (“Prohibited Content and Activities”).
You may only submit User Submissions that are original and that you have the right to submit. You continue to own any User Submissions that you submit, but by submitting a User Submission, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms, including without limitation the right to use the individual’s likeness in our advertising and marketing activities.
You understand and agree that we are not responsible for any User Submissions. We are not obligated to publish or use your User Submissions. We may monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason.
7. Intellectual Property
As between you and EARN, all content relating to any EARN Program is the property of EARN (the “EARN Content”). You may access, use and download and print copies of the EARN Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and the Program Rules.
- Copyright and Other Intellectual Property Rights. Unless expressly permitted by an authorized Person in writing, you may not copy, reproduce, distribute, publish, modify, create derivative works from, transmit or in any way use or exploit any part of the EARN Content, or remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within any component of any Program or any copies thereof, except that you may make use of the content for educational and non-commercial purposes only, provided you maintain all copyright and other notices posted along with the EARN Content.
- Copyright Notices.
EARN Content is protected under the copyright laws of the United States and other countries. All copyrights in EARN Content are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for User Submissions, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the EARN Content without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Programs in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent is: [Insert Name, Address, Phone, Fax, and E-mail].
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.]
- Trade and Service Marks. All rights in product names, the EARN name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of EARN products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to EARN or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Programs confers on you any license or right under any patent or trademark of EARN, its affiliates, or any third party.
8. Change or Termination
EARN reserves the right to change or terminate the Terms, Program Rules, conditions, policies, and rules for any reason at any time and with immediate effect. EARN reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of any Program, with or without prior notice. Otherwise applicable sections of the Terms and the Program Rules shall survive termination. EARN also reserves the right to seek all remedies available at law and in equity for violations of these Terms or the Program Rules. Upon termination, you will cease all use of the applicable Program, including any of the EARN Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY EARN, ALL PROGRAMS, ANY THIRD-PARTY SERVICES AND ANY DATA PROVIDED VIA THE PROGRAMS OR THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EARN AND AGGREGATORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO THE ACCURACY OR RELIABILITY OF THE EARN CONTENT. EARN DOES NOT REPRESENT OR WARRANT THAT ANY PROGRAM, THIRD-PARTY SERVICES OR DATA PROVIDED VIA ANY EARN PROGRAM OR THIRD-PARTY SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF OTHER HARMFUL COMPONENTS, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
10. Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL EARN, ANY AGGREGATOR, ANY PROGRAM PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY PROGRAM, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF EARN OR THE RELEVANT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. WHERE APPLICABLE STATE LAWS DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EARN, NOR ANY THIRD-PARTY SERVICE, PROGRAM PARTNER, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM, BE LIABLE FOR ANY DAMAGES OR LOSSES IN EXCESS OF $500.
You hereby agree to indemnify and hold EARN and any Third-Party Services harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of any Program or breach of these Terms or the Program Rules (collectively referred to as “Claims”). EARN reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by EARN in the defense of any Claims.
These Terms and any applicable Program Rules constitute the entire agreement of the parties, superseding all prior or contemporaneous communications or proposals (whether oral, written or electronic) between the parties with respect to the subject matter hereof. If any provision of these Terms or the Program Rules is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No failure or delay of any party to this agreement in exercising any right or remedy hereunder shall operate as a waiver thereof. You will not assign these Terms, the Program Rules, or any rights or obligations herein without the prior written consent of EARN and any attempted assignment in contravention of this provision is null and void and of no force or effect. However, EARN has the right to assign these Terms, the Program Rules, and any of its rights or obligations herein. These Terms and any applicable Program Rules are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
Nothing in this Agreement, express or implied, is intended to or shall confer upon any person other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this agreement.
Use of the Programs may be available through a compatible mobile device and/or may require Internet access and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider, if applicable.
13. CHOICE OF LAW, BINDING ARBITRATION, AND CLASS ACTION WAIVER
- Choice of Law / Jurisdiction / Venue. These Terms and all disputes or controversies arising out of or relating to these Terms or the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law provisions. Any lawsuits, arbitration hearings, or other proceedings involving a dispute or claim between you and us that arises or relates to these Terms or the transactions contemplated hereby, including without limitation the enforcement of the Arbitration Agreement below or the entry of judgment on any arbitration award shall be venued exclusively in San Francisco, California.
ARBITRATION AGREEMENT. This Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against EARN in the United States. With respect to any and all disputes, claims, or controversies arising out of or relating to Programs, these Terms or any applicable Program Rules (collectively, “Claims”), you and EARN agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and EARN do not resolve any Claim by such informal negotiation, any Claim must be resolved exclusively by mandatory binding individual (not class) arbitration in San Francisco, California or your state of residence in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. YOU GIVE UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. Instead, all Claims will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. You and EARN further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Any court with jurisdiction over the parties may enforce the arbitrator’s award. If a court or an arbitrator with proper jurisdiction determines that applicable law precludes enforcement of this Arbitration Agreement as to any particular Claim, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Notwithstanding the foregoing, any Claim under the California Private Attorneys General Act of 2004 shall not be subject to arbitration and may be brought in court.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER EARN NOR YOU WILL SEEK TO HAVE ANY CLAIM HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide EARN with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
14. Contact Information
Please direct any questions, complaints or claims related to the Program or requests to use a copyrighted work or trade or service mark right to email@example.com.