(Last Updated March 19, 2021)
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN PARAGRAPHS, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN PARAGRAPHS. PLEASE PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS.
We may make changes to these Terms from time to time. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.
If you have any questions about these Terms or the Services, please contact us at email@example.com
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 (or the age of legal majority) and, in any event, of a legal age to form a binding contract with BucksApp.
To use the Services, you must complete a registration process and create a user account (the “BucksApp User Account” ). We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your 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provided by you changes, and BucksApp will not be held liable for any errors or fees that occur as a result of outdated information.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, 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 firstname.lastname@example.org 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 electronically. Electronic Communications (as defined in paragraph (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.
The BucksApp Service (“BucksApp Service” ) is a paid service that you have access to when you create a BucksApp User Account and download the BucksApp mobile application. Bucks Basic The BucksApp Service provides you with a personal finance information management service that enables you to connect your designated bank account at your depository institution (“Account”) through the mobile application and provides a platform for you to understand your financial well-being through services that help you to monitor your credit, and track your expenses, income, and Account balance. It is meant to provide you with your Account information to allow you to organize and manage your finances. We are continually working to enhance the BucksApp Service and may be adding new features from time-to-time. We will update these Terms to reflect any such changes. The current BucksApp Service consists of the following:
The BucksApp Money Alert Service (“Money Alert Service””) can potentially assist you to avoid, or to reduce the risk of, or to reduce the amount of, bank overdrafts and resulting overdraft fees. 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.
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.
The BucksApp Service provides you with access to your FICO credit score through Equifax (the “Credit Self-Monitoring Service”). The Credit Self-Monitoring Service is provided for your informational purposes only, and BucksApp is not acting a consumer reporting agency or credit repair agency when providing the service. By opting-in to the Credit Self-Monitoring Service, you consent to Equifax access to the information you provide to it through the Services. You acknowledge and understand that BucksApp does not control the Equifax’s actions and has no control over your credit score. Please see the applicable FCRA Disclosures in paragraph (Q) below.
By registering for or otherwise using the Credit Self-Monitoring Service, you specifically consent to, agree with, and are providing specific “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law, that we, and our respective employees, agents, subsidiaries, affiliates, contractors, and data and service providers, reserve the right to provide your personally identifiable information to, and request, receive and provide you with your consumer credit reports and credit rating, and other information and data about you from and/or through, an authorized bureau (i.e. Equifax, Experian, TransUnion) and affiliated entities. The credit reports and credit rating are intended to furnish you with information that you may not otherwise have readily available to you. You understand that you are authorizing us and Equifax to obtain such information at any time and use as described in these Terms for as long as Services are provided to you. YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH. We may not be able to provide the Credit Self-Monitoring Service to you if we cannot verify your identity or other necessary information.
1. The BucksApp Service is subject to an auto-renewing subscription fee of $2.99 per month (“BucksApp Fee”). In order to enroll in the BucksApp Service and to pay the BucksApp Fee, you must select the Apple in-app purchase method (a “Payment Method”). You authorize BucksApp to charge your Payment Method on a monthly recurring basis (and if necessary, electronically credit your Payment Method to correct erroneous debits) for the monthly BucksApp Fee, unless or until you cancel your BucksApp Service or your BucksApp User Account is otherwise terminated. The date that we charge your Payment Method will be displayed in your BucksApp User Account (your “Due Date” ). The BucksApp 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.
2. You authorize BucksApp to electronically debit your Payment Method for the BucksApp Fee once a month, and to electronically debit or credit your Payment Method to correct erroneous debits and credits. By opting-in to the BucksApp Service you represent that you authorize us to make automated clearinghouse transactions to your Payment Method. You also authorize us to charge your Payment Method for all amounts owed to BucksApp under these Terms, and you provide us with such authorization for as long as you maintain your BucksApp Account or until BucksApp has collected any amounts owed to us under these Terms, whichever occurs later. You may revoke this authorization at any time through the BucksApp mobile application. Please note that BucksApp requires at least three (3) business days’ notice to cancel a payment that has been preauthorized.
3. We will make reasonable efforts to charge your Payment Method for the BucksApp Fee when you have funds available in your Payment Method to pay the BucksApp Fee. If we determine that charging your Payment Method for the BucksApp Fee will result in an overdraft of your Payment Method account, we will make reasonable efforts to charge you on a different date than your Due Date. If we do attempt to charge your Payment Method and it does not have sufficient funds to cover the charge or the charge is declined, we reserve the right to attempt to charge your Payment Method again without subsequent authorization from you. If we are unable to charge your Payment Method, we reserve the right to terminate your BucksApp Account or revoke your access to the Bucks Plus service until you have paid the BucksApp Fee or you have paid any amounts owed to us under these Terms.
4. If we do attempt to charge your Payment Method and it does not have sufficient funds to cover the charge or the charge is declined, we reserve the right to attempt to charge your Payment Method again without subsequent authorization from you. If a payment is declined for any reason, you will retain access to all features of the app for a period of five days, during which we may reattempt to collect the pending amount from your Payment Method. If after five days we are unable to charge your Payment Method and it does not have sufficient funds to cover the charge or the charge is declined, your subscription to the Services will be suspended, and you will temporarily loose access to all the Services until the owed amount is paid in full. If you do not update your Payment Method so we may charge debit the BucksApp Fee you owe for the Services and more than 60 consecutive days have passed since you last paid the BucksApp Fee, we will terminate your active subscription and revoke your access to all Services until you have paid the BucksApp Fee that was not paid during the period we attempted but could not debit your Payment Method. If your subscription is terminated, you may subscribe again at any time after paying any outstanding BucksApp fees in full. A terminated or suspended subscription does not remove your responsibility of payment for any amounts outstanding.
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.
Some parts of the Services are supported by sponsored links from advertisers. The Services may display information relating to third party products or services (“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. BucksApp may also provide you general tips, recommendations and educational material.
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 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.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content (“User Content”) to BucksApp through the Services, you grant us a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. For purposes of these Terms and solely to provide the Account Information to you as part of the Services, you grant BucksApp a limited power of attorney, and appoint BucksApp as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BUCKSAPP IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, BUCKSAPP IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. BucksApp is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
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.
BucksApp and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of BucksApp and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
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. Enforcement of this paragraph (J) is solely at BucksApp’s discretion, and failure to enforce this paragraph in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this paragraph does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
If you wish to cancel the Services, you may do so at any time by completely repaying any BucksApp Fees, or other amounts you owe to BucksApp and, thereafter, providing thirty (30) days’ notice to BucksApp. YOU ARE HEREBY NOTIFIED THAT ACCEPTING ANY FUNDS FROM OR OPTING-IN TO ANY ADDITIONAL SERVICES WITH BUCKSAPP AFTER PROVIDING YOUR THIRTY (30) DAY NOTICE WILL TERMINATE SAID NOTICE AND HALT THE CANCELLATION OF THE SERVICES.
IF YOU CANCEL THE SERVICES, YOU AUTHORIZE BUCKSAPP TO CHARGE YOUR PAYMENT METHOD FOR ANY OUTSTANDING AMOUNTS UNTIL THEY ARE REPAID.
BucksApp may at any time, and at its sole discretion, 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 BucksApp User 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.
By using the Sites or the Services, you represent and warrant all of the following: (i) you have the right and authority to establish a BucksApp User Account and use the Services; (ii) all information you provide to BucksApp will be accurate and up-to-date; (iii) you are the owner of your Payment Method and have all rights necessary to use such Payment Method; (iv) your use of the Services does not violate or promote the violation of any applicable law or any legal obligation you may have to a third party; (v) you will comply with all applicable laws in connection with your use of the Services; and (vi) you will not share your Account information with any third party.
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. 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, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
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.
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 INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT 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 GREATER 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.
The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Website or Services are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).
To obtain the free reports, you can:
• Call 1-877-322-8228;
• Order online at www.annualcreditreport.com; or
• Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
• You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
• You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
• You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
• You certify in writing that you are a recipient of public welfare assistance.
• You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.
Any Credit Report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
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.
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 (R)(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 (S) will govern any Dispute arising out of or related to these Terms.
xi. Claim Limitation. Any claim against BucksApp must be brought within one (1) year of the date such claim arose.
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 (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.
“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 email@example.com
“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 through your BucksApp Account. 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.
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.
If you have an advance debt, the Terms of Services can be found HERE.