(Last Updated November 24, 2020)
1. GENERAL TERMS.
A. Acceptance of the Terms.
We provide web and mobile application-based services designed to assist individual users (“User” or “you”) in better managing their day-to-day cash flow and avoid or lessen bank overdrafts and the bank fees associated with overdrafts and to gain access to capital to allow Users to make certain personal, household, or family-related expenditures, each depending on the which of the Services you elect to utilize. By using the information, tools, features, software and functionality including content, updates and new releases provided by BucksApp of the Services, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you simply browse the Sites), or a “Customer” (which means that you have registered for an account with us to use any one of our Services).
You may not use any of the Services and you may not accept these Terms if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with BucksApp.
B. Modification of the Terms.
BucksApp reserves the right to modify or discontinue, temporarily or permanently, these Terms, the Sites and our Services at any time with or without notice. BucksApp will provide to you any and all changes to the Terms, the Sites, and/or the Services by electronic means (i.e., by email or by posting the information on the Sites). BucksApp reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time; in such event, if you are a paid “Customer” of the Services, BucksApp will provide notice to you. YOUR CONTINUED USE OF THE SITES AND/OR SERVICES AFTER A MODIFICATION TO AND/OR DISCONTINUATION OF THE TERMS, THE SITES AND/OR OUR SERVICES SIGNIFIES YOUR AGREEMENT TO THE MODIFICATION AND/OR DISCONTINUATION. IF YOU DO NOT AGREE WITH SUCH CHANGES, PLEASE DO NOT ACCESS THE SITES AND/OR USE THE SERVICES. You agree that BucksApp shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Terms, the Sites, and/or the Services.
C. User Account Registration and Electronic Communications
To use the Services, you must complete a registration process and create a user account (the “BucksApp User Account”). To create a BucksApp User Account, you must provide truthful and accurate information, and select a password or a PIN. You agree to update BucksApp in the event that information provided by you changes, and BucksApp will not be held liable for any errors or fees that occur as a result of outdated information. We may verify your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number, your university/college identification, and/or requiring you to take steps to confirm ownership of your email address, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or BucksApp cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password and login information. BucksApp will not be liable for any losses or damages incurred by unauthorized use of your BucksApp User Account or password, either to you or to any other User or third party, and you agree to indemnify and hold BucksApp harmless for any improper or illegal use of your BucksApp User Account or password unless: (a) you notify BucksApp via e-mail at email@example.com that your BucksApp User Account has been compromised; (b) you modify your login information; (c) you request BucksApp to block access to your BucksApp User Account, and (d) BucksApp has had a reasonable amount of time to review and act on such notification.
By providing us with your e-mail address, you consent to receive all required notices and information. Electronic Communications (as defined in paragraph 1(T) below) may be posted on the Sites and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any Electronic Communications and retain them for your records. We reserve the right to terminate or change how we provide Electronic Communications and will provide you with appropriate notice in accordance with applicable law.
D. Description of the Subscription Services.
The Subscription Service is a personal finance information management service that allows you to, amongst other things, consolidate and track your financial information. It is meant to provide you with your information to allow you to organize and manage your finances.
The Subscription Service may also include a money alert service (the “Money Alert Service”) that can potentially assist you to avoid, or to reduce the risk of, or to reduce the amount of, bank overdrafts and resulting overdraft fees. As used in these Terms, your “Account” means your designated deposit account at your designated depository institution. The Money Alert Service will use our predictive algorithm that links to your Account, analyzes your historical money transactions, and uses machine learning to make predictions about your Account (each, a “Prediction”). For example, based on your historical transaction history, the Money Alert Service makes Predictions about your risk of overdrafting your Account and your potential future negative balance amount. In addition, the Money Alert Service will analyze your historic overdraft and transaction patterns and will suggest a pre-authorized amount that will be sent to you (the “Overdraft Alert Amount”) if the algorithm predicts that you are likely to require such pre-authorized funds in order to avoid an overdraft and you meet all other requirements necessary. BucksApp will inform you of any transfer via email and/or push notifications but the Overdraft Alert Amount will not be sent to you unless you approve and elect to receive the same and meet all other requirements and qualifications. Such Overdraft Alert Amount will be considered an advance made in connection with the Subscription Lines of Credit. For example, if you already have an open line of credit with BucksApp that has an outstanding balance, BucksApp will not transfer funds to you to the extent it would cause you to borrow in excess of your credit limit under such line of credit. Please note that the amount of your Overdraft Alert Amount will not change over time, unless: (a) there is material change in your financial situation; and (b) you reauthorize us to collect Preauthorized ACH Repayments (as defined in paragraph 1(e) below) from, your Account.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY, BUCKSAPP MAKES NO PROMISES, WARRANTIES, GUARANTEES, OR REPRESENTATIONS REGARDING THE MONEY ALERT SERVICE, THE PREDICTIONS, AND THE OVERDRAFT ALERT AMOUNT. YOU ARE NOT ELIGIBLE TO RECEIVE A TRANSFER OF ANY FUNDS FROM BUCKSAPP IN RESPONSE TO AN OVERDRAFT ALERT AMOUNT IF THE OVERDRAFT ALERT AMOUNT WOULD CAUSE YOU TO EXCEED YOUR CREDIT LIMIT UNDER YOUR LINE OF CREDIT WITH BUCKSAPP. THE MONEY ALERT SERVICE IS NOT A SUBSTITUTE FOR YOUR MONITORING OF YOUR ACCOUNT BALANCES AND BUCKSAPP MAKES NO GUARANTEES THAT THE MONEY ALERT SERVICE WILL PREVENT YOUR ACCOUNT FROM ENTERING AN OVERDRAWN OR OVERDRAFT STATE.
By agreeing to these Terms, you acknowledge that BucksApp will charge you a $4.99 per month subscription fee (the “Subscription Fee”) for the Subscription Services, which will automatically be debited from your designated deposit account at your designated depository institution every month until you cancel the Subscription Services. PLEASE NOTE THAT THE SUBSCRIPTION FEE IS NOT CHARGED FOR ON-DEMAND SERVICES AND THAT YOU ARE CHARGED THE SUBSCRIPTION FEE MONTHLY, REGARDLESS OF WHETHER YOU ACTUALLY RECEIVE AN ADVANCE IN CONNECTION WITH THE SUBSCRIPTION LINES OF CREDIT. The Subscription Fee may be discounted from time to time by our customer service team, or through partnerships with affiliates. If you receive a discounted price on signup, we will notify you at least 30 days before any changes to the discount are made. You authorize BucksApp to charge your Account on a monthly recurring basis (and if necessary, electronically credit your payment method to correct erroneous debits) for the monthly Subscription Fee until you cancel your subscription, but you acknowledge that such authorization will not affect your opportunity to apply for and receive credit through a Subscription Line of Credit. You agree to indemnify BucksApp from any claims by other owners of the account. Subscription Services automatically renew until cancelled. You will be charged no more than 24 hours prior to the start of the latest subscription period. If we cannot charge your Account for any reason (such as expiration or insufficient funds), and you have not cancelled your subscription to the Subscription Services, you remain responsible for any uncollected Subscription Fees, and we will charge your Account such uncollected Subscription Fees plus a late payment fee of 2.5% per month (30% annually) on such uncollected Subscription Fees, subject to the maximum extent allowed by applicable law. Please note that, for any reason under these Terms, if you cancel the Services or BucksApp terminates your access to the Services or your BucksApp User Account, you remain responsible for any uncollected Subscription Fees, and we will charge your Account for such fees.
The Subscription Services may also present you information relating to third party products or services (“BucksApp Offers”) that you may be interested in. The Subscription Services may also provide you general tips, recommendations and educational material.
The Subscription Services also includes a lending service that permits you to obtain micro lines of credit (i.e., with credit limits of up to $200) with flexible repayment options (the “Subscription Lines of Credit”). The Subscription Lines of Credit are separate from the On-Demand Services. It is meant to provide you with an option to apply for and receive capital that you may use for personal, household, or family purposes.
To use the Subscription Lines of Credit from your BucksApp User Account, you can initiate a request for credit by completing a line of credit application and other related documentation and requesting from us an amount of money to be borrowed (i.e., an advance) (“Line of Credit Request”). You agree to update BucksApp in the event that information provided by you changes, and BucksApp will not be held liable for any errors or fees that occur as a result of outdated information. We may verify your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number, your university/college identification, and/or requiring you to take steps to confirm ownership of your email address, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or BucksApp cannot verify your identity, we can refuse to allow you to use the Subscription Lines of Credit.
Once we receive a Line of Credit Request from you, we will analyze such request and decide whether to accept or reject each such Line of Credit Request. If we approve your Line of Credit Request, we will notify you of the relevant terms, ask you to enter into a Consumer Revolving Line of Credit Agreement with us, and disburse the requested advances (or such other amount as you and we may have agreed upon). For the avoidance of doubt, in the event of conflict between these Terms and the terms of the Consumer Revolving Line of Credit Agreement, the terms of the Consumer Revolving Line of Credit Agreement will govern.
You understand and acknowledge that our Subscription Lines of Credit are provided for individual consumer use only, and may not be used to make payments on behalf of a company, business/commercial enterprise, or another person. You further agree that you will only use the service to pay for personal, household, and family expenses on your own behalf and will not use the Subscription Lines of Credit as an agent, guardian, conservator or guarantor for any other person or entity or to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board (as the term “postsecondary educational expenses” is defined in Bureau of Consumer Financial Protection Regulation Z, 12 C.F.R. § 1026.46 (b)(3)).
If you receive an advance from us through the Subscription Lines of Credit, you authorize us to transfer funds into your Account and, if you authorize us to do so in the credit agreement evidencing the Subscription Line of Credit (which credit extension will not be conditioned on your granting us such authorization), to automatically initiate repayments of amounts we send in the form of an ACH debit transaction (a “Preauthorized ACH Repayment”) from your Account without additional notice of the amount and date of any such transaction other than that set forth in the Consumer Revolving Line of Credit Agreement that you enter into with us and the Periodic Statements you will receive in connection with the Subscription Lines of Credit. You waive and give up the right to any other such notice. If so authorized, BucksApp will initiate a Preauthorized ACH Repayment on each date a payment is due (each, a “Payment Date”). Your Payment Dates are set forth on the Periodic Statements that you will receive in connection with the Subscription Lines of Credit. BucksApp reserves the right, but has no obligation, to defer the Preauthorized ACH Repayment based on the balance BucksApp observes in your Account.
By agreeing to these Terms, you agree and authorize BucksApp to initiate advances to, and, if you authorize us to do so in the credit agreement evidencing the Subscription Line of Credit (which credit extension will not be conditioned on your granting us such authorization), to collect Preauthorized ACH Repayments from, your Account in accordance with your electronic and/or online instructions to BucksApp. You understand that each such Preauthorized ACH Repayment will result in a debit from your Account, and the frequencies of such transactions may change from time to time. If BucksApp is unsuccessful in debiting your Account to collect repayment of an advance (or interest or fees thereon), BucksApp will have such rights as are set forth in the Consumer Revolving Line of Credit Agreement that you enter into with us. You agree, acknowledge, and consent that if so authorized the above authorization to collect any and all such Preauthorized ACH Repayments represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify BucksApp that you wish to revoke this authorization by emailing firstname.lastname@example.org. YOU MAY STOP PREAUTHORIZED ACH REPAYMENTS AT ANY TIME. Please note that in order to cancel a Pre-authorized ACH Repayment BucksApp needs at least three (3) business days' notice and a successfully linked alternative Account. Please take into consideration that changing your bank Account does not modify the advance repayment schedule you agreed to. All dates are final unless modified by BucksApp. When you email us, please include the name and email address associated with your BucksApp User Account and your Account. Failure to provide correct and complete information and to update your bank Account may make it impossible for BucksApp to stop the withdrawal of the Pre-authorized ACH Repayment.
You agree to indemnify and hold harmless BucksApp from and against any loss incurred as a result of its withdrawal of a Preauthorized ACH Repayment from your Account if any of the information relied upon in the stop payment order is incorrect or incomplete or as a result of its failure to withdraw a Preauthorized ACH Repayment for which a valid stop payment order is in effect. Your authorization for Preauthorized ACH Repayment will apply even if any such repayment will result in an overdraft to your Account, or will increase any overdraft that already exists in your Account. If any ACH debit or credit was made wholly or partially in error, you also authorize us to correct the error by corrective ACH transactions. BucksApp is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Account sufficient to meet your financial obligations. You represent and warrant that you have the right to authorize us to charge your Account for payments due to us under these Terms.
E. Description of the On-Demand Services.
The On-Demand Service is a lending service separate from the Subscription Lines of Credit and the Subscription Services that permits you to obtain micro loans (i.e., up to $200) with flexible repayment options. It is meant to provide you with an option to apply for and receive capital that you may use for personal, household, or family purposes.
To use the On-Demand Services, from your BucksApp User Account, you can initiate a request for credit by completing a loan application and other related documentation and requesting from us an amount of money to be borrowed and proposing the number and frequency of installments through which to repay the amount of money to be borrowed and any interest and fees thereon (“Loan Request”). You agree to update BucksApp in the event that information provided by you changes, and BucksApp will not be held liable for any errors or fees that occur as a result of outdated information. We may verify your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number, your university/college identification, and/or requiring you to take steps to confirm ownership of your email address, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or BucksApp cannot verify your identity, we can refuse to allow you to use the On-Demand Services.
Once we receive a Loan Request from you, we will analyze such request and decide whether to accept or reject each such Loan Request. If we approve your Loan Request, we will notify you of the payment due dates, ask you to enter into a Consumer Credit Agreement with us, and disburse the agreed-upon funds. For the avoidance of doubt, in the event of conflict between these Terms and the terms of the Consumer Credit Agreement, the terms of the Consumer Credit Agreement will govern. You understand that you can only borrow money from us one loan at any one time (i.e., until a loan in respect of which you are a borrower is repaid in full to us, you cannot receive another loan from us).
You understand and acknowledge that our On-Demand Service is provided for individual consumer use only, and may not be used to make payments on behalf of a company, business/commercial enterprise, or another person. You further agree that you will only use the service to pay for personal, household, and family expenses on your own behalf and will not use the On-Demand Services as an agent, guardian, conservator or guarantor for any other person or entity or to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board (as the term “postsecondary educational expenses” is defined in Bureau of Consumer Financial Protection Regulation Z, 12 C.F.R. § 1026.46 (b)(3)).
If you receive a loan from us through the On-Demand Services, and if you authorize us to do so in the credit agreement evidencing the On-Demand Services, we will debit Preauthorized ACH Repayments from your Account without additional notice of the amount and date of any such transaction other than that set forth in the Consumer Credit Agreement that you enter into with us. You waive and give up the right to any other such notice. BucksApp will initiate a Preauthorized ACH Repayment on each date repayment is due (each, a “Repayment Date”). Your Repayment Dates are determined at the time we extend the loan to you so as to make repayment as affordable as possible. BucksApp reserves the right, but has no obligation, to defer the Preauthorized ACH Repayment based on the balance BucksApp observes in your Account.
By agreeing to these Terms, you agree and authorize BucksApp to initiate loans to, and, if you authorize us to do so in the credit agreement evidencing the On-Demand Services (which credit extension will not be conditioned on your granting us such authorization), to collect Preauthorized ACH Repayments from, your Account in accordance with your electronic and/or online instructions to BucksApp. You understand that each such Preauthorized ACH Repayment will result in a debit from your Account, and the frequencies of such transactions may change from time to time. If BucksApp is unsuccessful in debiting your Account to collect repayment of a loan (or interest or fees thereon), BucksApp will have such rights as are set forth in the Consumer Credit Agreement that you enter into with us. You agree, acknowledge and consent that the above authorization to collect any and all such Preauthorized ACH Repayments represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify BucksApp that you wish to revoke this authorization by emailing email@example.com. YOU MAY STOP PREAUTHORIZED ACH REPAYMENTS AT ANY TIME. Please note that BucksApp requires at least three (3) business days’ notice to cancel a Preauthorized ACH Repayment. When you call or email, please include the name and telephone number associated with your BucksApp User Account and your Account. Failure to provide correct and complete information may make it impossible for BucksApp to stop withdrawal of the Preauthorized ACH Repayment. You agree to indemnify and hold harmless BucksApp from and against any loss incurred as a result of its withdrawal of a Preauthorized ACH Repayment from your Account if any of the information relied upon in the stop payment order is incorrect or incomplete or as a result of its failure to withdraw a Preauthorized ACH Repayment for which a valid stop payment order is in effect. Your authorization for Preauthorized ACH Repayment will apply even if any such repayment will result in an overdraft to your Account, or will increase any overdraft that already exists in your Account. If any ACH debit or credit was made wholly or partially in error, you also authorize us to correct the error by corrective ACH transactions. BucksApp is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Account sufficient to meet your financial obligations. You represent and warrant that you have the right to authorize us to charge your Account for payments due to us under these Terms.
F. Account Information from Third Parties.
Users may direct BucksApp to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). BucksApp works with one or more third-party service providers to access this Account Information. BucksApp does not review the Account Information for accuracy, legality or non-infringement. BucksApp is not responsible for the Account Information or products and services offered by or on third-party sites. By enrolling in the Services, you license and authorized BucksApp to access the information maintained by third parties on your behalf as your agent; you acknowledge that BucksApp is not an agent for any third party; and you expressly authorize such third parties to disclose your information to us for the provision of the Services.
BucksApp cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BucksApp cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
G. BucksApp Offers and Third-Party Links; Third-Party Service Providers.
a. Third-Party Links. Some parts of the Services are supported by sponsored links from advertisers. The Services may display BucksApp Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular BucksApp Offer is sponsored or otherwise provided by a third party.
In connection with BucksApp Offers, the Services will provide links to other websites belonging to advertisers and other third parties. YOU UNDERSTAND AND AGREE THAT USE OF SUCH LINKS AND USE OF ANY PRODUCTS OR SERVICES FROM THIRD PARTIES IS AT YOUR OWN RISK. BUCKSAPP EXPRESSLY DISCLAIMS, AND USER EXPRESSLY RELEASES BUCKSAPP FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF SUCH LINKS OR THE USE OF ANY SUCH PRODUCTS OR SERVICES FROM THIRD PARTIES. BucksApp Offers are provided for your convenience. BucksApp does not endorse, warrant or guarantee the products or services available through the BucksApp Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. BucksApp is not an agent or broker or otherwise responsible for the activities or policies of those websites. BucksApp does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the BucksApp Offers is provided by the third parties, and any offer is subject to the third parties’ review of your information. BucksApp may receive compensation from third parties which may impact the placement and availability of the BucksApp Offers.
BucksApp also uses City National Bank of Florida (“City National”) to maintain certain funds that BucksApp may cause to be transmitted to you in connection with an advance received under the On-Demand Services or Subscription Lines of Credit. Accordingly, your personal and financial information may be transmitted from your Account to BucksApp’s accounts with City National, you may receive funds from BucksApp’s accounts with City National, and your payments may be made from your Account to BucksApp’s accounts with City National.
Additionally, in the event that you obtain a line of credit under the Subscription Lines of Credit or an advance On-Demand Services, BucksApp will use a credit reporting agency to report certain information about your account with BucksApp and to obtain credit reports on you for any legal purpose, in each case in accordance with the relevant Credit agreement or Consumer Revolving Line of Credit Agreement.
H. Your Use of the Services.
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable BucksApp to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in Sites, and you may not misrepresent your registration and Account Information. In order for the Services to function effectively, you must also keep your registration and Account Information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that BucksApp, in its sole discretion, may elect to take. In no event will BucksApp be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require 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. BUCKSAPP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
BucksApp may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. BucksApp may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. BucksApp may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. BucksApp shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Electronic alerts will be sent to the email address you have provided for the Services as well as through push notifications through the App. If your email address or your mobile number changes, you are responsible for informing us of that change. Changes to your email address and mobile number will apply to all of your alerts.
J. Rights You Grant to Us.
K. Intellectual Property Rights
The contents of the Services (i.e., text, graphics, images, logos and icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to BucksApp. BucksApp grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or these Terms.
L. Prohibited Activities.
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Services. In connection with your use of the Services, you shall not, and shall not assist or enable any third party, to: (a) reverse engineer or attempt to find the underlying code of the Services; (b) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms; (c) copy, modify, or create derivative works of the Services or content of any of the Services; (d) attempt to disable or circumvent any security or access control mechanism of the Services; (e) design or assist in designing cheats, exploits, automation software, such as, but not limited to, spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Services; (f) attempt to gain unauthorized access to the Services, other BucksApp User Accounts, or other devices, computer system, phone systems, or networks connected to the Services; (g) harvest or otherwise collect information about Users; (h) use, display, mirror or frame the Services, content or any individual element in connection with the Services, BucksApp’s name, any BucksApp trademark, or the layout and design of any page or form contained on a page in the Services; or (i) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services. In the event you partake in any prohibited activities, you acknowledge and agree that BucksApp has the right to and may, at its sole discretion and without notifying you, take legal and/or use other remedies including but not limited to suspending your account. You acknowledge that the loans made in connection with the On-Demand Services or the advances made in connection with the Subscription Lines of Credit may be subject to different legal remedies.
M. Cancellation of Services.
If you wish to cancel the Services, you may do so at any time by completely repaying any advances on lines of credit (under the Subscription Lines of Credit), loans (under the On-Demand Services), or other amounts you owe to BucksApp and, thereafter, providing thirty (30) days’ notice to BucksApp. YOU ARE HEREBY NOTIFIED THAT ACCEPTING ADDITIONAL FUNDS, MONIES, LOANS, OR ADVANCES FROM BUCKSAPP AFTER PROVIDING YOUR THIRTY (30) DAY NOTICE WILL TERMINATE SAID NOTICE AND HALT THE CANCELLATION OF THE SERVICES.
YOU CANNOT CANCEL THE SERVICES WHILE YOU HAVE OUTSTANDING LOAN OR ADVANCE AMOUNTS PROVIDED BY, THROUGH, OR PURSUANT TO THE SERVICES.
BucksApp may at any time, terminate its legal agreement with you and access to the Services: (a) if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of these Terms); (b) if BucksApp in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) for any reason and at any time with or without notice to you; or (d) immediately upon notice, to the e-mail address provided by you as part of your registration.
You acknowledge and agree that BucksApp may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that BucksApp shall not be liable to you or any third party for any termination of your access to the Services. If we terminate these Terms, terminate or suspend your access to the Services, or terminate or suspend your BucksApp User Account, we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of our services, or for deletion of your information or account data.
Please note that, for any reason under these Terms, if you cancel the Services or BucksApp terminates your access to the Services or your BucksApp User Account while you have an outstanding loan that you received in connection with the On-Demand Services or outstanding advance that you received in connection with the Subscription Lines of Credit, you will be expected to pay back such loan or advances as well as applicable interest and fees.
N. Disclaimer of Warranties.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND IT IS NOT GUARANTEED THAT THESE WILL BE FREE OF DEFECTS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND RELATING TO THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL BUCKSAPP OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, EMPLOYEES, AGENTS, ANYONE ACTING ON BUCKSAPP’ BEHALF OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BUCKSAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUCKSAPP, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.
BUCKSAPP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
O. BucksApp is Not a Financial Adviser, Broker, or Tax Adviser.
Before using the Services, you should consider obtaining additional information and advice from a financial adviser, broker, or tax adviser. NEITHER BUCKSAPP NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BUCKSAPP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISER. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you.
P. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL BUCKSAPP, OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE SERVICES OR THE INFORMATION CONTAINED ON THE SITES OR THE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES OR THE SERVICES, EVEN IF BUCKSAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BUCKSAPP’S OR ANY OF ITS SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, STOCKHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE LESSER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $100 (U.S. DOLLARS).
You agree to release, indemnify, defend and hold BucksApp and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (a) your improper use of the Sites or Services; (b) your breach or alleged breach of these Terms, the representations, warranties, and covenants you have made by agreeing to the terms of these Terms, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. BucksApp reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of BucksApp. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.
R. Dispute Resolution and Arbitration.
The term “Dispute” means any dispute, claim or controversy between you and BucksApp arising out of, or relating to, these terms, the Sites, Services, information, data, features, and all content and all services and products associated with the Services or provided through the Services, or your BucksApp User Account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this “DISPUTE RESOLUTION AND ARBITRATION” section (with the exception of the enforceability of the “CLASS ACTION WAIVER” clause below). “Dispute” is to be given the broadest possible meaning. You agree that any Dispute between you and BucksApp will be governed by the arbitration procedures outlined below.
a. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section carefully. It is part of your contract with BucksApp and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
i. MANDATORY BINDING ARBITRATION. In the interest of resolving Disputes between you and BucksApp, you and BucksApp each agree that, except as set forth in paragraph 1(R)(a)(ii), every Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BUCKSAPP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ii. Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; or (b) to file suit in a court of law to address an intellectual property infringement claim.
iii. Arbitrator. Any arbitration between you and BucksApp will be settled under the Federal Arbitration Act, and governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect when the Dispute is filed (or, in the event these arbitration rules are no longer available, then a comparable substitute arbitration procedure and/or arbitration organization that does business on a nationwide basis); provided that a Dispute does not include any individual action brought in small claims court unless such action is transferred, removed or appealed to a different court. There shall be no authority for any Disputes to be arbitrated on a class action basis. An arbitration can only decide our or your Dispute and may not consolidate or join the claims of other persons who may have similar claims. You may obtain rules and forms by contacting the AAA at 800-778-7879 or www.adr.org/Rules.
iv. Notice; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). BucksApp’s address for Notice is: 2222 Ponce de Leon Blvd., Office 06-119, Miami, Florida 33134. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or BucksApp may commence an arbitration proceeding.
v. Venue. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, USA.
vi. CLASS ACTION WAIVER. YOU AND BUCKSAPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BucksApp agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
vii. Modifications to this Arbitration Provision. If BucksApp makes any future change to this arbitration provision, other than a change to BucksApp’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BucksApp’s address for Notice, in which case your BucksApp User Account and access to the Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
viii. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You and BucksApp agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
ix. Survival of Agreement. This arbitration agreement will survive the termination of your relationship with BucksApp.
x. Enforceability. If this section is found to be unenforceable or if the entirety of this is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in paragraph 1(S) will govern any Dispute arising out of or related to these Terms.
b. Claim Limitation. Any claim against BucksApp must be brought within one (1) year of the date such claim arose.
S. Governing Law; Venue.
These Terms will be deemed entered into in Florida and will be governed by and interpreted in accordance with the laws of the State of Florida excluding that body of law known as conflicts of law. Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate in paragraph 1(R) above must be brought in state or federal court in, or closest to, Miami-Dade County, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction there. EACH OF YOU AND BUCKSAPP IRREVOCABLY AGREES TO WAIVE ITS RIGHT TO A JURY TRIAL AND TO WAIVE ANY DEFENSE CONCERNING PERSONAL JURISDICTION OR INCONVENIENT FORUM.
T. Consent to Use Electronic Signatures and Communications.
“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
“Contacting Us” means emailing us at firstname.lastname@example.org
“Current Version” means a version of any particular software or application that is currently being supported by its publisher.
“Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.
“Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
“Electronic Signature” means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.
a. Electronic Signatures and Electronic Communications. Subject to applicable law, you consent and agree:
ii. Electronic Communications. That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications.
iii. When Deemed Received. Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a website, within 24 hours after the time that it is posted.
iv. Printing, Saving and Storing. To print and save and/or electronically store a copy of all Electronic Communications that we send to you.
v. Updating of Contact Information. To notify us of any changes to your email address or your mobile device number or other text message address by Contacting Us.
vi. Withdrawal. That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with these Terms.
b. Withdrawal of Consent. You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in these Terms, (a) we will terminate your access to, and your ability to use, the Services, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein. Please note that if the Services are cancelled by us while you have an outstanding loan that you received in connection with the On-Demand Services or an outstanding advance that you received in connection with the Subscription Lines of Credit, you will be expected to pay back such loan or advance as well as applicable interest and fees.
c. Changes. We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our terms and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance or termination by means of Electronic Communications, by updating these Terms, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.
d. Requesting Paper Copies. You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.
e. Contacting Us Regarding Electronic Signatures and Electronic Communications. Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.
a. Severability. If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
b. Survival. All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.
c. Entire Agreement. These Terms represent the entire understanding and agreement between you and BucksApp regarding the subject matter of the same, and supersede all other previous agreements.
d. Assignment. You may not assign any rights hereunder without our prior written consent. BucksApp may assign its rights or obligations pursuant to these Terms. Nothing contained in these Terms shall be construed to limit the actions or remedies available to BucksApp with respect to any prohibited activity or conduct.
e. Waiver. Non-enforcement of any term of these Terms does not constitute consent or waiver, and BucksApp reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
f. No Joint Venture. No joint venture, partnership, employment, or agency relationship exists between you and BucksApp as a result of these Terms or your use of the Services.