TClub Inc. ("Abound", "Abound" or "We" or "Us" or "Our") respects your privacy and is committed to protecting it through Our compliance with this policy. This policy describes: The types of information we may collect or that you may provide when you download and register with, access or use, or transact with the Abound / Abound Application or associated website, any associated content, material, or functionality contained on the Abound / Abound Application, all interactive features, applications, widgets, blogs, social networks and social network pages, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Abound / Abound Application (collectively, the "App"). The App is owned, developed and managed by Abound / Abound. Our practices for collecting, using, maintaining, processing, accessing, storing, protecting and disclosing that information are set forth below.
Your rights under applicable law
This Privacy Policy applies only to personal information you provide, or we collect via our App and services. This Privacy Policy does not apply to information that we collect through websites not under our control, including websites you may access through our App, or information that you provide to or is collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
If you are a resident of California, Virginia, Colorado, or Texas please also see our "State Privacy Rights" Section of this Privacy Policy.
Abound has relationships with certain service providers in order to provide its services to you. Abound has contracted with financial service partners including the Checkbook, Layer2 Group, Nium, and Thunes. Specifically, Layer2 Financial Holdings Inc. ("Layer2") is a Canada Corporation is a technology company. Layer2 Financial Inc., a Delaware Corporation ("Layer2 US") is a subsidiary of Layer2. As of 05/21/24, Layer2 notes on its website that Layer2 US is a FINCEN registered money service business (NMLS ID: 2438695) with money transmitter licenses in a number of states and that Layer2 Financial Inc., a Canada Corporation ("Layer2 CA") is a subsidiary of Layer2 and is a FINTRAC registered money service business (#M21596262). Collectively, all of the foregoing is referred to below as "The Layer2 Group". Among other services, Layer2 Group, together with Buckzy Payments Inc., assists Abound with "Know Your Customer" requirements and other obligations. For purposes of satisfying "Know Your Customer" requirements, Abound asks for your identifying information, such as your name, email address, tax identification number, address, telephone number, date of birth, gender, videos, and photographs that may contain images of your face, including your driver's license or government-issued identification number or card. Abound will also collect information pertaining to your account transactions. Your personal information will be shared with Layer2 (including without limitation its Partner Financial Institutions, as well as Buckzy Payments Inc. ("Buckzy")) and will be subject to the Layer2 Privacy Policy (to the extent shared with the Layer2 Group). Layer2 will share your information as necessary with its Partner Financial Institutions and other service providers in connection with providing their services.
For US-India remittance services, Layer2 shares your information with Mudrex Inc. This is because Layer2 uses Mudrex for its off-ramp services in India, and your information will then be subject to Mudrex Privacy Policy.
The App is not intended for users under 18 years of age, and we do not knowingly collect personal information from individuals under 18. If we learn we have collected or received personal information from a user under 18, we will delete that information. Please be aware that we may not be able to fully delete certain user information until the user cancels their subscription through their Apple account. If you believe we might have any information from or about an individual under 18, please contact us at the e-mail address provided to you in Contact Information section.
We may collect information (including personal information) from and about users of the App directly from you when you provide it to us and/or automatically when you use the App. We may also collect personal information from you in connection with your rental application or if you are one of our residents. We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.
When you use the App, we may ask for you to provide information by which you may be personally identified, such as, but not limited to, name, postal address, email address, telephone number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline ("personal information"), or that is about you but individually does not identify you. This information includes information that you provide by filling in forms in the App. This includes information provided when posting material and requesting information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App. We may also collect (a) records and copies of your correspondence (including email addresses and phone numbers), if you contact us; (b) your responses to surveys that we might ask you to complete for research purposes; (c) details of transactions you carry out through the App; and (d) your search queries on the App. You may provide information to be published or displayed to other users on or through the App (collectively, "Content"). Your Content may be transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons.
In the event that we provide you with social media login capability, in order to register as a user with us, you may be asked to sign in using your Facebook or other social media site ("SMS") login. If you do so, you authorize us to access certain SMS account information, such as your public SMS profile (consistent with your privacy settings in SMS), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your SMS friends who might be common SMS friends with other users. You will also be asked to allow us to collect your location information from your device when you use the App. In addition, we may collect and store any personal information you provide while using the App or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.
When you access the App, technology may be used to automatically collect certain information, including, but not limited to: Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
Device Information. We may collect information about your mobile device and internet connection, including the device unique device identifier, IP address, operating system, browser type, mobile network information and the device telephone number. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, Abound collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct.
Stored Information and Files. The App also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Location Information. The App may collect real-time information about the location of your device.
The Rakuten Card Linked Offer Network ("RCLON"), is the service provider of card-linked-offer content for Abound. Notwithstanding anything to the contrary in the Terms or Privacy Policy, we and our service providers (including RCLON) will use transaction information solely as follows: Use transaction data to confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; Share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction; Provide participating merchants or third party service providers aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants and third party service providers to assess the results of their campaign; Create a record of the transaction data and thereafter maintain and use data in connection with operating the Abound program; Conduct analysis for the improvement and optimization of the program; and Provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. By registering a payment card in connection with transaction monitoring, you authorize the Rakuten Card Linked Offer Network ("RCLON") to share your payment card information with Mastercard, Visa and American Express so it knows you are enrolled. You authorize Mastercard, Visa and American Express to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Mastercard, Visa and American Express to share such transaction details with RCLON to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by going to the profile section and tapping on the card you want to remove and then tapping the "Remove Card" button. You authorize the sharing, exchange and use of transaction data described above and herein by and among us and our third party service providers, applicable payment card networks and applicable merchants.
The technologies we use for automatic information collection may include:
Aggregated and/or non-personal information. We may use and disclose non-personal information we collect with third parties under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the App and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to www.aboutads.info/choices/.
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc. These third parties may use tracking technologies to collect information about you. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. These third parties may include but are not limited to: (i) Advertisers, ad networks and ad servers; (ii) Analytics (including marketing analytics) and digital platform management companies; (iii) Your mobile device manufacturer; (iv) Your mobile service provider; and (v) Plaid, Stripe, your card issuer or other financial services provider.
In addition to the disclosures described above, we may disclose aggregated information that does not constitute personal information about our users without restriction. Further, we may disclose personal information that we collect or you provide:
We reserve the right to disclose information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In order for you to make purchases through the App, service providers like Plaid and Stripe may collect and share financial and payment card account information. This information is shared with Us on a tokenized basis and with your authorization. From some of our service providers and/or business partners, we receive details about specific transactions. You can learn more about Stripe's privacy policy, and Plaid's privacy policy. The App will also allow you to intentionally interact with third parties, such as those whose products or services are made available through the App. Also, our concierge offering is made available through an automated chat feature provided by Haptik, which you can learn more about here. You can read Haptik's privacy policy here. By using the concierge services, you may also correspond with Your Man in India (YMII), which will have access to personal information such as your communications and commercial preferences. You can learn more about YMII's concierge services here, and find its privacy policy here. We do not necessarily control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
When applicable we may integrate social media application program interfaces or plug-ins ("Plug-ins") from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and possibly others, into our App. Plug-ins may transfer information about you to the Plug-in's respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in's social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform's privacy policy, and not by our Privacy Policy.
We may allow certain third parties (such as online advertising services) to collect your personal information via automated technologies via our App. Under certain U.S. state privacy laws, this may constitute a "sale" or "share" of personal information or "targeted advertising". We may have "sold" or "shared" personal information, which consists of identifiers, commercial information, and internet or other electronic network activity information to data analytics providers, advertisers, and social networks for the business and commercial purposes of online advertising and to provide third-party social network features and functionality. Under certain U.S. state privacy laws, you have the right to opt-out of this disclosure of your information, which may be considered a "sale", "sharing", or "targeted advertising" under such laws. On our website, you may opt-out of this "sale", "sharing", or "targeted advertising" on our App by setting a through rejecting cookies in our cookie banner. You may also request to opt-out of this "sale", "sharing", or "targeted advertising" by e-mailing us at support@joinabound.com.
Direct Marketing.California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as noted below in Section 14. Contact Information.
CCPA.This Section of our Privacy Policy contains certain required information and informs California residents of certain rights arising under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”).
Categories of Personal Information Collected.We may have collected the following categories of personal information from you within the last twelve (12) months:
Categories of Sources From Which Personal Information Is Collected. We may have collected personal information from you from the following categories of sources: (1) directly from you via our services or when you visit one of our digital properties; (2) your devices; (3) your family and friends; (4) our affiliates and subsidiaries; (5) our third-party providers; (6) social networks; and (7) other available sources, such as public records.
Business or Commercial Purposes for Collecting Personal Information. The business or commercial purposes for collecting your personal information are set forth in the "How We Use Your Information" Section of this Privacy Policy.
Categories of Personal Information "Sold" or "Shared" to Third Parties and the Business and Commercial Purposes.The categories of personal information that we have "sold" or "shared" to third parties in the last twelve (12) months and the business and commercial purposes for "selling" or "sharing" such personal information are set forth in the "Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising" Section of this Privacy Policy. We do not knowingly "sell" or "share" the personal information of individuals under sixteen (16) years of age.
Categories of Personal Information Disclosed to Third Parties. All of the categories of personal information described above may be shared with third parties as set forth in the "Disclosure of Your Information" Section of this Privacy Policy.
Personal Information Retention. We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.
Use and Disclosure of Sensitive Personal Information. We may collect "sensitive" personal information for limited purposes, such as for conducting a background check and for other purposes that an average consumer would reasonably expect. We do not use or disclose your sensitive personal information outside of the following purposes: (1) performing our service or providing goods, (2) detecting security incidents, (3) resisting malicious, deceptive, fraudulent, or illegal actions, (4) ensuring physical safety, (4) for short-term transient use, including certain non-personalized advertising, (5) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services, and (6) verifying and maintaining the quality or safety of a service or product or improving, upgrading, or enhancing a service or product. As such, the right to limit our use and disclosure of such sensitive information does not apply.
Your California Privacy Rights. The following rights apply to California residents:
Exercising Your California Privacy Rights. For information on how to exercise your rights under the CCPA, please review the "Exercising Your Rights" Section of this Privacy Policy.
Virginia, Colorado, and Texas Residents
The following rights apply to residents of Virginia, Colorado, and Texas:
Exercising Your Rights
You may make privacy requests by contacting us at 2261 Market Street #4468, San Francisco, CA 94114 or support@joinabound.com. However, please see the "Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising" Section of this Privacy Policy above for additional information on how to opt-out of "sale", "sharing", or "targeted advertising"You may designate an authorized agent to make such requests on your behalf by having your authorized agent make a privacy request as set forth above. Your authorized agent must complete the webform with their information and disclose the fact that they are your "authorized agent" and provide your first and last name in connection with the request. Before we can honor your requests, we may confirm that the requesting party is the consumer whose information is sought or a person authorized to act on that consumer's behalf. If a requesting party is an online account holder with a password-protected account, it may be necessary for the account to be accessed by the requesting party to confirm the request(s). In addition, depending on the type of request and the categories of information subject to the request, we may request verifying information from the requesting party such as identifiers or commercial information (e.g., service history) already known to or collected by us. If we refuse to take action upon your request, you may appeal such refusal by contacting us after your receipt of the refusal at 2261 Market Street #4468, San Francisco, CA 94114 or support@joinabound.com.
We treat the information of everyone who comes to our App in accordance with this Privacy Notice, regardless of their "Do Not Track" setting.
Your provision of personal information on a registration form in the course of our providing our services to you constitutes your affirmative consent that we may contact you by email to provide you with information and notices relating to the services and various other offerings that may be available and of interest to you in the future. It also means we may email you regarding updates to this Privacy Policy. We notify you of this at the time you choose to register, and we will provide you the option not to receive further marketing communications from us at the time you register. Mass commercial email sent by us contains a link with instructions on how to remove yourself from our email list. You will also need to opt-out separately from any third-party emails you may receive.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet and mobile platforms are not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. If you receive a suspicious email on our behalf, we suggest you do not reply to it and do not open any attachments, click on links contained in the e-mail or provide any information in response to it. You can report suspected fraud involving us by sending an email to legal@joinabound.com. Please include the word "phishing" in the subject line of your email and provide as much information as possible about the fraudulent activity or message. We do not send emails requesting a user for payment information, username or passwords. However, we may verify the user name, password etc. provided by you from time to time. The safety and security of your information (including personal information) can also depend on you. For example, where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. You should not share your password with anyone.
If you elected to subscribe to any online services provided via the App, including the ability to access any password-protected areas of the App, you will be required to submit personal information for the purpose of verifying your identity and your authority to manage the account ("Access Credential Information"). This Access Credential Information will be used exclusively by Abound, our agents, suppliers and third-party service providers for internal use and to respond to your service requests.
Through the App, you may wish to participate in certain online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time by us, a partner, or other entity. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include data such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time via the App, we use the information you provide to administer such polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services or products. Any information that you submit to one of our partners or another entity through the App in the course of any poll, survey, contest, sweepstakes, or promotion offered by any third party shall be fully at your own risk, and Abound hereby disclaims all responsibility for any losses, liability, damages, or expenses that may arise from your submission of such information.
Services that we may make available on or through the App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use. You should review these Terms of Use often to stay informed of changes that may affect you, as your continued use of the App signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the App and its Content, at any time, without prior notice to you. The version of these Terms of Use posted in the Applications or at https://www.joinabound.com/ on each respective date you use the App shall be the Terms of Use applicable to your access and use of the App on that date. Our electronically or otherwise properly stored copies of these Terms of Use shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use on each respective date you used the App.
Abound may suspend, cancel, terminate or modify our referral offers, including any terms and conditions and any referral functionalities at any time at our sole discretion. Referral links or codes may not function following any discontinuance of, or changes to, the associated referral offer(s). By participating in our Grocery Cashback Program referral program, you acknowledge and agree that it is your responsibility to review and understand the offers active at any particular time, and that you will be bound by such changes as may be made from time to time. If you do not accept any such changes, your sole and exclusive remedy is to cease participation in the program.
In these Terms of Use, "you" and "your" refer to (a) you, the individual accessing the App, and (b) the business entity on whose behalf an individual or electronic agent is accessing the App. You represent and agree that all information that you provide to Times Club in connection with your access to and use of the App is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the App (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the App and any related Services. Abound grants you a personal, non-exclusive, non-transferable, limited license to use the App and to view or access the App solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the App, the Services, or any other Content available via the App. You further agree neither to modify the App, or any part thereof, in any form or manner, nor to use any modified versions of the App or the Services, for any reason whatsoever, without the express written consent of Abound. You may not attempt to gain any unauthorized access to the App or any of its associated Content, including computer systems, software, or networks. No redistribution of any Content, materials, or information contained on or offered through the Applications or the Services is permitted, unless expressly specified in a prior agreement between you and Abound.
Any use or attempted use of the App:
In addition, in connection with your use of the App, you agree you will not:
Abound reserves the right to monitor the use of its services and to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, withholding cash back or the suspension or termination of a user's access and/or account. Abound may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Policy, Abound reserves the right at all times to disclose any information as Times Club deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Abound's sole discretion. You also agree to reimburse Abound for any damage, loss, cost or expense Abound incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the App for any unlawful or prohibited purpose. Abound reserves the right to remove any user-submitted content that may be infringing on another person's intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Digital Millennium Copyright Act ("DMCA").
Any information, images, communications, or material of any type or nature that you submit to the App, or any of our pages contained on a social media platform or website by e-mail, chats, posting, messaging, uploading, downloading, or otherwise (collectively, a "Submission") is done at your own risk and without any expectation of privacy.
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA)) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
You acknowledge that the Payment Card Networks - Visa, MasterCard, and American Express - may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
Abound respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the App and to collect and provide the features, materials, opportunities, and services that are available on or through the App. You understand and agree that Abound owns, or (where required, appropriate, or applicable) has been licensed or otherwise made available to us by third parties to use, all right, title, and interest in and to the App and the features, materials, opportunities, and services made available on or through the App, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content") as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the App and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Abound or its licensors and content-providers. For the avoidance of doubt, "Content" does not include any Third Party Materials or any features, opportunities, or services made available through the Linked Content (as defined below).
From time to time, Times Club may offer you opportunities to purchase subscription-based services through the App. To purchase a subscription, you must be at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the App. A valid credit card or other supported payment method is required to purchase a subscription. By subscribing, you agree that your payment method will be billed monthly, beginning on the date that you first register for subscription services unless another date is specified in the subscription services offer, in the amount specified in the subscription services offer. For avoidance of doubt, if you receive free access or a trial or evaluation period in connection with a subscription services offer, your use of the subscription services remains otherwise subject to this paragraph during the trial or evaluation period. Subscription products are non refundable but may be cancelled at any time by navigating to App Store Settings > Apple ID at least one day before your next subscription renewal date. Subject to your payment of the subscription fees, your compliance with these Terms of Use, and the availability of the subscription services, your subscription will enable you to access the subscription features specified in the subscription services offer. Times Club reserves the right to discontinue any subscription service at any time for any reason, either on a subscriber-by-subscriber basis or for all subscribers.
Abound does not promise, covenant, represent, warrant, or guarantee that you or any other user of the App will obtain any particular or tangible result or goal through the use of the App, or obtain any other product or service in connection with use of the App. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the App or Abound, or that you access, use, download, or otherwise obtain on or through the App or Abound, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, AND MATERIALS AVAILABLE FROM OR PROVIDED ON THE APPLICATIONS OR VIA THE SERVICES, IS PROVIDED BY ABOUND AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY , TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ABOUND AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD) DO NOT REPRESENT, WARRANT OR COVENANT THAT THE APPLICATIONS , CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE APPLICATIONS OR THROUGH ABOUND ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE APPLICATIONS AND THROUGH ABOUND ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ABOUND PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE APPLICATIONS AND THE SERVICES WITHOUT NOTICE. FURTHER, ABOUND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATIONS OR THE SERVICES. ABOUND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE APPLICATIONS. IN USING THE APP, YOU ACCEPT THE INHERENT SECURITY IMPLICATIONS OF DATA TRANSMISSION OVER THE INTERNET AND THE WORLD WIDE WEB CANNOT ALWAYS BE GUARANTEED AS COMPLETELY SECURE. THEREFORE, YOUR USE OF THE APP WILL BE AT YOUR OWN RISK.
IN NO EVENT SHALL ABOUND OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD), OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY , WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY , OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE APPLICATIONS , THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE APPLICATIONS OR THROUGH ABOUND; (B) THE USE, COPYING, OR DISPLAY OF THE APPLICATIONS OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE APPLICATIONS OVER THE INTERNET; (C) ABOUND'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY , OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE APPLICATIONS , OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY ABOUND OR ANY THIRD PARTY; OR (F) THE AVAILABILITY , RELIABILITY , ACCURACY , TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY , IN CONNECTION WITH THE APPLICATIONS OR ITS USE. UNDER NO CIRCUMSTANCES SHALL ABOUND, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS), OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY , LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE APPLICATIONS , THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ABOUND, EVEN IF ABOUND WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ABOUND AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
Abound reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the App, or any portion of the App, for any reason; (ii) modify or change the App, or any portion of the App, and any applicable policies or terms; and (iii) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You agree to indemnify, defend and hold Abound and the Payment Card Networks harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the App or Abound, your access to and use of the Content, the Applications, and other materials, products, and Services available on or through the App and Abound, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
For your convenience, certain hyperlinks or features may be provided on the App that link to other applications or websites which are not under the control of Abound (the "Linked Content"). Abound does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. Abound disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against Abound, and Abound has no obligation to participate in, arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Abound has no responsibility for information provided to third parties through the Applications, including through any Linked Content. Hyperlinks to such Linked Content on the App do not imply that: (a) Abound is affiliated or associated with any Linked Content; (b) Abound is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of Abound.
The App may contain offers for sale of merchandise or services or promotional offers not provided by Abound. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the App, including, but not limited to price, color, quantity, availability, and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the App and a merchant's website will be governed by the terms shown on the merchant's website. Abound is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third-party website or for not-honoring of any offer by any merchant. Some features of the App, such as "cash back" rewards, are contingent upon and subject to Abound receiving information from third parties. In the event of a dispute between you and such third party(ies) who provide certain offers for sale of merchandise or services, Abound shall not be responsible or held liable in any manner whatsoever. Abound also reserves the right to withhold, reverse or cancel any rewards, benefits, offers, cashbacks and such other incentives to you, in the event: (a) such rewards, benefits, offers, cashbacks and such other incentives were fraudulent, in error, illegal and/ or in violation of these Terms of Use; (b) you have violated these Terms of Use; or (c) committed fraud.
Certain features or services offered on or through the App may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Abound immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by Abound or any other user of or visitor to the App due to another person using your account, login ID, or password.
You may not use any other user's account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. Abound cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
These Terms of Use (as each may be revised and amended from time to time according to their respective terms), along with the agreements referenced and incorporated herein, collectively constitute the entire agreement with respect to your access to and use of the App and the Content. You agree that you shall not contest the admissibility or enforceability of Abound's copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Abound. Abound may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Abound. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Abound shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.
You agree that any violation, or threatened violation, by you of these Terms of Use, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, as such laws are applied to agreements entered into and to be performed entirely within such State. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that you and Abound have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services), these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by a duly authorized officer of Abound.
EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Abound welcomes any comments or questions you may have regarding these Terms of Use or the App. Please send any comments or questions submitted Marine Parkway, Suite #175, Redwood City, CA 94114 or via email at support@joinabound.com
Please check back regularly for updates and changes.
Effective: May 8, 2023
This agreement (the "Agreement") sets out the terms and conditions governing your use of the TClub Inc. / Abound / Abound Service (the "Service"). You may access the Service through the Abound mobile application (the "Application"). As used herein, the terms "we," "us," and "our" mean TClub Inc. / Abound. "You" and "your" means the person who is using the Services to transfer funds from a US bank account.
I agree that Abound and its affiliates may use data from Plaid on what I spend to get me special offers and rebates on products and services that may interest me and analyze my preferences, in accordance with Abound's Privacy Policy. I understand that I may revoke this consent at any time as provided in that policy. I understand that the Abound and its affiliates will not have access to my bank credentials.
These Terms of Service are a legal agreement ("Agreement") between you ("user," "you", "your") and Checkbook, Inc., a Delaware Corporation ("Checkbook", "Checkbook.io"). As part of using TClub Inc. ("Abound")'s services, you must accept these passthrough terms from Checkbook. "Service" refers to Checkbook's payment processing services, as well as Checkbook's website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you through Abound by Checkbook, directly or indirectly. To use the Service, you must agree to all the terms in this Agreement. This Agreement incorporates by reference all policies, notices, and other content that appear on Checkbook website at www.checkbook.io and/or any other website(s) exclusively provided by Checkbook (the "Website").
Your acceptance of this Agreement constitutes acceptance by you, your business or nonprofit organization. To register a business or nonprofit organization you have to provide additional information, such as street address, telephone number, tax identification number (or social security number), and date of birth and other identifying information for at least one principal of the business. You authorize Checkbook, directly or through third parties, to make inquiries or verify that this information is accurate (for example, through social media or third-party databases). You specifically authorize Checkbook to request a consumer report that contains your name and address. Each Account must be linked to at least one verified U.S. bank account. You must provide accurate and complete information. If Checkbook cannot verify that this information is complete and accurate, Checkbook may deny your use of marketplace and close your Account.
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Checkbook Account and your use of the Service, either directly from Checkbook or from Marketplace.
By registering with Checkbook, you also confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
If Checkbook determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Payor, or seized. In addition, if Checkbook reasonably suspects that your Account has been used for an unauthorized, illegal, or criminal purpose, you give Checkbook express authorization to share information about you, your Account, your access to the Checkbook Service, and any of your transactions with law enforcement.
Checkbook provides hosting and data processing services for our users. Checkbook is a Payment Service Provider ("PSP"), not a bank, money transmitter, or Money Services Business ("MSB"), and we do not offer banking or MSB services as defined by the United States Department of Treasury. As a PSP, Checkbook collects, analyzes and relays information generated in connection with payments to and from our users. You authorize Checkbook to provide this information to the FSPs that Checkbook partners with, in order for the FSP to facilitate payments from/to our users through the various payment networks ("Network", "Networks"), including ACH and/or Check21 and/or VISA and/or Mastercard OCT (Original Credit Transaction), as applicable. As a result Checkbook through its FSP conducts the settlement of Network transactions from/to our users. Checkbook does not at any point hold or own funds in connection with the Service, nor does Checkbook transmit money or monetary value for transmission. In connection with the Service, Checkbook does not actually or constructively receive, take possession of or hold any money or monetary value for transmission, and does not advertise, solicit or hold itself out as receiving money for transmission. In order to act as a PSP, Checkbook must enter into agreements with Networks and FSPs. You are not a third-party beneficiary of these agreements. Each of the Networks and FSPs is a third-party beneficiary of this Agreement and has beneficiary rights, but not obligations, and may enforce this Agreement against you. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and, if you decline to do so, we may suspend or terminate your Account.
Depending on the network chosen for settlement e.g. ACH and/or Check21 and/or VISA/Mastercard OCT, either by you or by Checkbook, Checkbook can and will create a paper version of the Check being used for payment. This paper Check can and will be stored in a vault either onsite or offsite Checkbook's premises. The length of storage of this original Check will be in compliance with statutory regulations and guidelines as applicable.
If you are using the Checkbook Recurring Payments or Invoices feature through Abound, you agree that it is your responsibility to comply with applicable laws, including the Electronic Funds Transfer Act (Regulation E), including by capturing your customers' agreements to be billed on a recurring basis. You may not resell any hardware provided to you by Checkbook or a third party for use with the Service. Notwithstanding Checkbook's assistance in understanding the Operating Regulations and Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Operating Regulations and Network Rules, regardless of whether you have possession of those provisions. We can provide you with excerpted provisions of the Network Rules upon your request.
You authorize Checkbook through its FSP to hold, receive, disburse and settle funds on your behalf. Your authorization permits Checkbook though its FSP to generate a paper draft or electronic funds transfer to process each payment transaction that you authorize. You authorize the FSP to initiate electronic Network entries to each bank account for which you input or enable the retrieval of the routing number and account number on Checkbook's website, mobile app or any other ingress point such as through one of our Partners, and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the Network Rules, and you agree that all Network transactions that you initiate will comply with all applicable law. Your authorization will remain in full force and effect until you notify us that you revoke it by contacting Checkbook Customer Support in accordance with instructions on our website or by closing your Account. You understand that Checkbook requires a reasonable time to act on your revocation, not to exceed five (5) business days.
Checkbook may share some or all of the information about you and your transactions with our FSP(s), Networks and our other partners (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with Checkbook, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. At any time, Checkbook, its FSP processor or its other partners may conclude that you will not be permitted to use Checkbook. You agree that Checkbook is permitted to contact and share information about you and your Account with banks and other financial institutions. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct Checkbook's risk management process.
Upon the release of transaction information by Checkbook, a Payor will be debited or charged by Checkbook. You agree that the Payor's obligation to the recipient is treated as paid after processing has been initiated by Checkbook and the transaction enters the "Completed" status in Checkbook. If you are receiving a payment from a Payor, after the initiation of processing by Checkbook, you agree not to attempt to collect or otherwise seek payment from the Payor, because you agree that Payor's obligation to you has been conclusively discharged. Transactions may stay in a "Pending" state before "Completed" if Checkbook is reviewing a transaction for risk purposes. Transactions in this state should not be treated as paid until they are "Completed". Transactions may be disputed by the Payor and/or Payee at any time up to the number of days stipulated in applicable Network regulations from the date the transaction appears in the Originator's bank account. Disputes resolved in favor of the Payor may result in reversal of the disputed transaction, regardless of state.
Checkbook through its FSP will transfer funds to/from your bank account according to the typical schedule applicable to the specific Network used to transfer the funds. Regardless of the Network used to transfer the funds, Checkbook through its FSP will transfer funds to/from your bank account no more than thirty (30) days after funds settle to the FSP. If Checkbook cannot transfer the funds from/to your bank account (due to inaccurate or obsolete bank account information entered by you, or for any other reason), Checkbook may refund the funds to the Payor or escheat them. Neither the FSP, Checkbook, nor the Payor will have any liability to you for funds so refunded. Settlements to a bank account may be limited or delayed based on your perceived risk and history with Checkbook. Should Checkbook need to conduct an investigation or resolve any pending dispute related to your Account, Checkbook may defer payout or restrict access to your funds for the entire time it takes us to do so. Checkbook may also defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities. Furthermore, if Checkbook or the FSP suspects future chargebacks or disputes as a result of transactions to your Account, Checkbook may defer payout and/or restrict access to your funds until Checkbook or the FSP reasonably believes, in their sole discretion, that the risk of receiving a chargeback or dispute has passed. All settlements to Merchants are subject to review for risk and compliance purposes and can be delayed or postponed at Checkbook's sole discretion.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld, in connection with your use of the Service. You are solely responsible for collecting, withholding, reporting and remitting correct any taxes to the appropriate tax authority. Checkbook is not obligated to, and will not, determine whether taxes apply, or calculate, collect, report or remit any taxes to any tax authority arising from your use of the Service.
Checkbook's Services may provide you information about returns. This information may be provided to you directly via email or another form of online messaging. Depending on your agreement with Abound the information pertaining to Refunds, Returns and/or Chargebacks/Disputes may be provided to you directly or indirectly through Abound's platform. Checkbook bears no responsibility about the timeliness or veracity of such information if it's being provided by the Abound's platform. You agree to process returns of, and provide refunds and adjustments for, goods or services in accordance with this Agreement and the Operating Regulations and Network Rules, as applicable. The Operating Regulations require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Payors at the time of purchase, (c) not give cash refunds to a Payor in connection with a payment processed through our Service, unless required by law, and (d) not accept cash or any other item of value for preparing a sale refund through the applicable Network. Your refund policies must be the same for all payment methods.
This section is applicable only if you are using Checkbook to collect payments. You owe us and will immediately pay us the amount of any return or chargeback and any associated Fees, fines, or penalties assessed by our partner FSP(s) or Networks. If you do not have sufficient funds in your Account, we will have the remedies set forth in "Our Set-off and Collection Rights" below. If you have pending chargebacks, Checkbook through its FSP may delay your payments. Further, if we reasonably believe that a chargeback is likely with respect to any transaction, Checkbook may withhold the amount of the potential chargeback from payments initiated by you under this Agreement until such time that: (a) a chargeback is assessed due to a Payor's complaint, in which case Checkbook's FSP will retain and refund the funds; (b) the period of time under applicable law or regulation by which the Payor may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we determine that you are incurring an excessive amount of Chargebacks, Checkbook may establish controls or conditions governing your Account, including without limitation, by (a) assessing additional Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Service or closing your Account. If the chargeback is contested successfully, we will release the reserved funds to you. If a chargeback dispute is not resolved in your favor by the Networks or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) days of our request, may result in an irreversible chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating chargeback disputes.
This section is applicable only if you are using Checkbook to collect payments. To the extent permitted by law, Checkbook may set off any obligation you owe us under this Agreement (including chargebacks) against any credit in your Account or against any amounts due to you. All Fees are deducted first from the transferred or collected funds and thereafter from your Account. If you do not have sufficient funds, Checkbook thru its FSP may collect from any funding source associated with your Account, or from any other Account under your control, or from any funding source associated with such other Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered through Checkbook. Your failure to pay in full amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and interest at the lesser of one-and-one-half percent (1-1/2%) per month or the highest rate permitted by law. In its discretion, Checkbook may make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
The Service is licensed and not sold. The Service is protected by copyright, trade secret and other intellectual property laws. Checkbook owns the title, copyright and other worldwide intellectual property rights in the Service and all copies of the Service. This Agreement does not grant you any rights to Checkbook's trademarks or service marks, nor may you remove, obscure, or alter any of Checkbook's trademarks or service marks included in the Service.
You will indemnify, defend and hold us and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a third party person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Operating Regulations; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law, rule or regulation of the United States or any other country.
NOTWITHSTANDING THE SERVICE LEVEL AGREEMENT ("SLA") IF ANY, CHECKBOOK'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHECKBOOK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Checkbook, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS AND THE BANK (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Checkbook DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Checkbook WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
All third party hardware and other products included or sold with the Service are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. CHECKBOOK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHECKBOOK, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL CHECKBOOK.IO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR CHECKBOOK.IO ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL CHECKBOOK.IO BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKBOOK, ITS PROCESSORS, THE NETWORKS AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CHECKBOOK.IO, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CHECKBOOK.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in the United States. Checkbook makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction, however you need to contact Marketplace and not Checkbook directly. Marketplace will initiate contact with you and Marketplace and Checkbook will jointly determine whether you may contact Checkbook directly. You and Checkbook agree to arbitrate all "Disputes," defined as any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and Checkbook, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship, Checkbook advertising, and any use of Checkbook software or services. "Disputes" also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Notwithstanding the foregoing, you or Checkbook may choose to pursue a claim in court and not by arbitration if you fail to timely settle any amounts due. Checkbook may assign your account for collection, and the collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by law or this Agreement.
This Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Basically, This Agreement and any Dispute will be governed by California law and/or applicable federal law.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within six months after the cause of action accrues.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the software or Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our Website or any other website maintained or owned by us and identified to you. Any use of our software or Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified. No modification or amendment to this Agreement shall be binding upon Checkbook unless in a written instrument signed by a duly authorized representative of Checkbook.
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver's license or other identifying documents.
1.1 Account Holder hereby appoints Fortress to serve as custodian of and to hold or process as directed all assets contributed by Account Holder ("Custodial Property") that are delivered to Fortress by Account Holder or your Agent(s) (as defined below) to the Account in according to the terms of this Agreement. Account Holder is creating one or more self-directed Accounts with situs in the State of Nevada, in each case subject to the terms of this Agreement. Fortress will act solely as custodian of the Custodial Property and will not exercise any investment or other discretion regarding your Account or Custodial Property. Fortress undertakes to perform only such duties as are expressly set forth herein, all of which are ministerial in nature.
1.2 Account Holder acknowledges and agrees that: (i) the value of your Custodial Property will be solely dependent upon the performance of any asset(s) chosen by you and/or your Agents; (ii) Fortress shall have no duty or obligation to review or perform due diligence on any investments or other Custodial Property contributed to your Account, (iii) Fortress does not provide any valuation or appraisals of Custodial Property, and (iv) Fortress role is that of a passive, pass-through capacity in providing such information (if any) on your Account statements and that such valuation estimates or price quotations are neither verified, substantiated nor to be relied upon in any way, for any purpose, including, without limitation, tax reporting purposes. As a self-directed account, Fortress shall not conduct any due diligence on Custodial Property, including ascertaining the cost basis or assets or otherwise review the suitability of any contributed Custodial Property, except as required by applicable regulations.
1.3 You agree to engage an independent advisor for any valuation opinion(s) or other professional advice with respect to any Custodial Property.
1.4 Account Holder may designate and appoint one or more third-parties as agents on your Account ("Agents") by providing access to your Accounts directly through online dashboard access provided by Fortress or indirectly through third-party integrators used to access your Account. By providing an Agent access to your account, Agents shall have full access to your Account(s) and the authority to instruct Fortress to execute transactions in your Account, including transferring and disbursing funds. Account Holder bears complete and absolute responsibility for all buy, sell, transfer, and disbursement instructions for this Account and will immediately notify Fortress of any unauthorized transactions. Any actions undertaken by any of your Agents are deemed to be those of the Account Holder directly, and you agree to maintain the security of your login credentials and passwords, as well as Agent access lists and associated permissions, so only your authorized persons have access to your Account. Fortress shall also be entitled to rely and act upon any instructions, notices, confirmations or orders received from your Agent(s), including third-party integrated platforms used to access the Account, as if such communication was received directly from the Account Holder without any required further review or approval. Account Holder is solely responsible for monitoring and supervising the actions of your Agents with respect to the Account and Custodial Property.
1.5 Account Holder will not direct or permit its Agents to direct the purchase, sale or transfer of any Custodial Property which is not permissible under the laws of Account Holder's place of residence or illegal under US federal, state or local law. Account Holder is solely responsible for compliance with any such restrictions.
1.6 Account Holder hereby warrants that neither you nor your Agents will enter into a transaction or series of transactions, or cause a transaction to be entered into, which is prohibited under Section 4975 of the Internal Revenue Code. Pursuant to the directions of the Account Holder or Agent(s), Fortress shall process the investment and reinvestment of Custodial Property as directed by Account Holder or its Agents only so long as, in the sole judgment of Fortress, such requested investments will not impose an unreasonable administrative burden on Fortress (which such determination by Fortress shall not to be construed in any respect as a judgment concerning the prudence or advisability of such investment) or potentially violate applicable law. Fortress may rely upon any notice, instruction, request or other instrument believed by it to have been delivered from the Account Holder or its Agents, not only as to its due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein.
1.7 Account Holder acknowledges that any request to waive or change any policies or procedures for asset Disbursements are done so at Account Holders risk. Fortress may decline to accept verbal asset transfer or trade instructions in its sole discretion and require written instructions, or instructions triggered from Account Holder or its Agents using tools while logged into your Account.
1.8 Account Holder understands that if your account is dormant for ninety days or more, Fortress may, at its discretion and upon notice, terminate and close your Account. In the event that Fortress is unable to contact you or your Agent, Account balance may be escheated in accordance with applicable law. If your Account balance is escheated, you agree that Fortress is relieved of all responsibility for the balance escheated.
2.1 Fortress shall have the right to accept or decline contributions of Custodial Property at its sole discretion. Without limiting the generality of the foregoing, Fortress does not accept physical assets such as gold, stock certificates, bonds etc. into custody. Fortress also accepts a limited number of cryptocurrencies and reserves the right to restrict cryptocurrencies at any time upon the advice of counsel. For more information on acceptable assets, please contact support@fortresstrust.us. Fortress is authorized to collect into custody all property delivered to Fortress at the time of execution of this Agreement, as well as all property which is hereafter purchased for your Account or which may hereafter to be delivered to Fortress for your Account pursuant to this Agreement, together with the income, including but not limited to interest, dividends, proceeds of sale and all other monies due and collectable attributable to the investment of the Custodial Property.
2.2 Fortress shall be responsible for safekeeping only Custodial Property which is delivered and accepted into its possession and control. Fortress may for convenience take and hold title to Custodial Property or any part thereof in its own name (for the benefit of its customers) or in the name of its nominee with Account Holder ownership of Custodial Property segregated on its books and records.
2.3 Fortress shall keep accurate records of segregation of customer accounts to show all receipts, disbursements, and other transactions involving the Account. All such records shall be held indefinitely by Fortress. Fortress shall collect and hold all funds when Custodial Property may mature, be redeemed or sold. Fortress shall hold the proceeds of such transaction(s) until receipt of written or electronic (via our systems) disbursement instructions from Account Holder.
2.4 Fortress shall process any purchase, sale, exchange, investment, disbursement or reinvestment of Custodial Property under this Agreement that Account Holder or its Agents may at any time direct, provided that sufficient unencumbered, cleared assets are available for such transactions.
2.5 Funds received in foreign currencies will be automatically converted to US Dollars at exchange rates set by Fortress. For foreign currency accounts, please contact support@fortresstrust.us.
2.6 Fortress is authorized, in its sole discretion, to comply with orders issued or entered by any court with respect to the Custodial Property held hereunder, without determination by Fortress of such court's jurisdiction in the matter. If any portion of the Custodial Property held hereunder is at any time attached, garnished or levied upon under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered by any court affecting such property or any part thereof, then and in any such event, Fortress is authorized, in its sole discretion, to rely upon and comply with any such order, writ, judgment or decree which it is advised by legal counsel selected by it is binding upon it without the need for appeal or other action, and if Fortress complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may be subsequently reversed, modified, annulled, set aside or vacated.
2.7 The Account is not a brokerage or trading account and should not be used for such purpose. Fortress does not warrant or guarantee that any buy or sell instructions to Fortress by Account Holder will be executed at the best posted price, timely executed or executed at all. Account Holder acknowledges and agrees that (i) Fortress does not have access to every market or exchange which a particular product or financial instrument may be purchased or sold and Fortress makes no representation regarding the best price, execution of any instructions, timely execution or its continued availability of such services, (ii) other orders may be executed ahead of Account Holder's order and exhaust available volume at a posted price, (iii) exchanges, market makers or other types of sellers or purchasers may fail to honor posted or otherwise agreed-upon prices, (iv) exchanges may re- route customer orders out of automated execution systems for manual handling (in which case, execution may be substantially delayed), (iv) system delays by exchanges or third- parties executing instructions may prevent Account Holders order from being executed, may cause a delay in execution or not to be executed at the best posted price or at all, and, (v) Fortress may not promptly or in a timely manner execute Account Holder's order(s) due to internal delays, and Fortress makes no representation that its custody services are in any way suitable for active trading or any activity requiring prompt or exact execution. Fortress may execute such purchase instructions as a riskless principal. Transactions may be subject to additional fees and charges by both Fortress and any third-party service providers or exchanges.
As a condition to the services provided under this Agreement, Fortress shall receive compensation in accordance with its usual Schedule of Fees then in effect at the time of service. The fees and charges initially connected with this Account are detailed on Fortress's current fee schedule, which may change from time to time and is published on www.fortresstrust.us, attached here to or provided to you through third-party integrators. Any changes to the fee schedule shall not affect any charges for prior periods and will only be effective as of the date the changes were published. Additionally, Account Holder shall be charged, and agrees to pay, any third-party fees which are assessed in performing services on your behalf (i.e. transfer agent fees, legal fees, accounting fees, tax preparation fees, notary fees, exchange fees, brokerage fees, bank fees, blockchain settlement fees, etc.) without prior approval. Fortress is hereby authorized, its sole discretion, to electronically debit the Account(s) for payment of fees and expenses, including charging any linked credit or debit card, pulling funds from any linked bank account, or liquidating any of the Custodial Property without prior notice or liability. Fortress reserves the right to liquidate Custodial Property to cover any and all outstanding amounts due by you to Fortress at its sole discretion and without liability for any losses. Account Holder agrees to be liable to Fortress for any loss, cost or expense that we incur as a result of any dispute, attachment, garnishment, levy or subpoena of records involving your account, including reasonable attorneys' fees whether incurred at trial, on any appeal therefrom or otherwise, to the fullest extent permitted by applicable law.
Account Holder hereby agrees to receive electronic statements only. Account statements, including transaction history, asset balances with transaction history are available on your Account or websites or applications of its selected third-party integrators at your discretion to view current or historic statements, as well as transaction history, assets and cash balances. Account Holder may elect to withdraw such consent by contacting your Fortress account representative. Fortress shall be under no obligation to forward any proxies, financial statements or other literature received by it in connection with or relating to Custodial Property held under this agreement. Fortress shall be under no obligation to take any action with regard to proxies, stock dividends, warrants, rights to subscribe, plans of reorganization or recapitalization, or plans for exchange of securities. Account Holder agrees that Fortress may contact you for any reason without prior consent and no such contact will be deemed unsolicited. Fortress may contact Account Holder at any address, telephone number (including cellular numbers) and email addresses as Account Holder may provide from time to time. Fortress may use any means of communication, including but not limited to, postal mail, email, telephone, or other technology to reach Account Holder.
For entities and partnerships, you represent and warrant that the beneficial ownership information provided to Fortress is true, complete and accurate. You are responsible for promptly notifying Fortress immediately of any change to such information. Account Holder authorizes Fortress to use personal identifiable information provided by you to conduct background and other searches to verify the identity of Account Holder, Agents and associated persons as required by applicable law. In the event of suspected fraud or other potential violations of applicable law, Fortress reserves the right to withhold the disbursement of Custodial Property to hold such property in suspense to mitigate risks of loss or prevention of aiding any violations of applicable law. You agree that Fortress may from time to time institute with prior notice velocity or transaction limits on transaction activity for your Account(s) to manage potential risks. The policies posted on our website at Customer Disclosure are incorporated herein by reference along with the Terms of Use and Privacy Policy posted on fortress trust.us, as amended from time to time.
6.1 This Agreement is effective as of the date set forth below and shall continue in force until terminated by either party at any time upon 30 days written notice to the other party (with email being an agreed upon method of such notice). Notwithstanding the foregoing, Fortress may immediately terminate this agreement without prior notice or liability in the event that (i) Fortress reasonably believes that Account Holder may be engaged in activity that may violate applicable law, (ii) termination is deemed appropriate by Fortress to comply with its legal or regulatory obligations; (iii) upon death of the Account Holder, provided, however, Fortress shall continue to hold Custodial Property until such time Fortress receives instructions from Account Holder's executor, trustee or administrator pursuant to the probate process, as applicable, and has received advice of its legal counsel to transfer such assets (which costs shall be borne by the Account Holder); (iv) filing of a petition in bankruptcy by the Account Holders or by a creditor of the Account Holders; or (v) the legal incompetency of Account Holder, unless there is in existence a valid durable power of attorney or trust agreement authorizing another to succeed or act for Account Holder with respect to this agreement.
6.2 This Agreement may be amended or modified only by Fortress, or with the written agreement from Fortress. Such amendments or modifications shall be effective on the 30th day after the Account Holder receives notice of such revision electronically via the email address shown on the records of Fortress.
6.3 Upon termination, Fortress shall deliver the Custodial Property to Account Holder as soon as practicable or, at Account Holder or it's Agents request to a successor custodian. Account Holder acknowledges that Custodial Property held in Fortress's name or nominee may require additional time to process.
6.4 If this Agreement terminates due to the filing of a petition in bankruptcy, termination or dissolution of Account Holder, Fortress shall deliver the Custodial Property to the Court appointed representative for Account Holder. If no representative has been appointed by the Court, Fortress may deliver the Custodial Property to the person it deems to be an agent of the Account Holder and such delivery will release Fortress from any further responsibility for said Custodial Property.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FORTRESS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). FORTRESS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, QUALITY , ACCURACY , TITLE, AND NON-INFRINGEMENT. FORTRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USE OF THE SERVICES OR AGAINST INFRINGEMENT. FORTRESS DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE ARE ERROR-FREE OR THAT OPERATION OR DATA WILL BE SECURE OR UNINTERRUPTED. FORTRESS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE FLOW OF DATA AND DELAYS ON THE INTERNET, INCLUDING BUT NOT LIMITED TO FAILURE TO SEND OR RECEIVE ANY ELECTRONIC COMMUNICATIONS. ACCOUNT HOLDER DOES NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF FORTRESS TO ANY THIRD PARTY. ACCOUNT HOLDER'S ACCESS TO AND USE OF THE SERVICES ARE AT ACCOUNT HOLDER'S OWN RISK. ACCOUNT HOLDER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED TO IT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORTRESS EXPRESSLY DISCLAIMS LIABILITY TO ACCOUNT HOLDER FOR ANY DAMAGES RESULTING FROM ACCOUNT HOLDER'S RELIANCE ON OR USE OF THE SERVICES. THE DISCLAIMERS HEREIN ARE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
8.1 FORTRESS SHALL NOT BE LIABLE FOR ANY ACTION TAKEN OR OMITTED TO BE TAKEN BY IT IN GOOD FAITH UNLESS AS A RESULT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN EACH CASE AS DETERMINED BY AN ADJUDICATOR OF COMPETENT JURISDICTION, AND ITS SOLE RESPONSIBILITY SHALL BE FOR THE HOLDING AND DISBURSEMENT OF THE CUSTODIAL PROPERTY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, SHALL HAVE NO IMPLIED DUTIES OR OBLIGATIONS AND SHALL NOT BE CHARGED WITH KNOWLEDGE OR NOTICE OF ANY FACT OR CIRCUMSTANCE NOT SPECIFICALLY SET FORTH HEREIN, ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FORTRESS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ACCOUNT HOLDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO ANY INVESTMENT OR TRANSACTION OCCURRING UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS, EVEN IF FORTRESS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE FORM OF ACTION. THIS INCLUDES ANY LOSSES OR PROBLEMS OF ANY TYPE RESULTING FROM INCIDENTS OUTSIDE OF OUR DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO ERRORS, HACKS, THEFT OR ACTIONS OF ISSUERS, TRANSFER AGENTS, SMART CONTRACTS, BLOCKCHAINS AND INTERMEDIARIES OF ALL TYPES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES UNDER NO CIRCUMSTANCES WILL FORTRESS'S TOTAL LIABILITY OF ANY AND ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID, IF ANY , BY ACCOUNT HOLDER TO FORTRESS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY . THE LIMITATIONS OF LIABILITY HEREIN ARE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
9.1 Account Holder agrees to indemnify, defend and hold harmless Fortress and its shareholders, directors, officers, employees and agents (the "Indemnified Parties") from and against any and all losses, costs, expenses, fees, claims, damages, liabilities and causes of actions (including, but not limited to, reasonable attorney fees and disbursements) of third parties resulting or arising from: (a) Account Holder, or its Agent's, failure to abide by or perform any obligation imposed upon Account Holder under this agreement, (b) the willful misconduct, fraud, criminal activity, intentional tort or negligence of Account Holder or any of its representatives involving use of the Account and the services provided by Fortress; (c) the actions, omissions or commissions of Account Holder, its employees, consultants and/or agents relating to the services provided by Fortress; and (d) any payment request, wire transfer, transmission or instruction, whether or not authorized, acted upon by Fortress in good faith. Account Holder shall be provided with prompt notice of any claims and given full authority and assistance (at Account Holder's expense) for the defense of any such claims; provided that Fortress may participate in such defense and settlement with counsel of Fortress' own choosing at Fortress' own expense; provided, further, however, Account Holder shall have no authority to settle any claim against any Indemnified Party without the prior written consent of such Indemnified Party (which consent shall not be unreasonably withheld).
9.2 Account Holder agrees to bear sole responsibility for the prosecution or defense, including the employment of legal counsel, of any and all legal actions or suits involving the Account, which may arise or become necessary for the protection of the investments in that Account, including any actions lodged against Fortress. Account Holder also agrees to bear sole responsibility for enforcing any judgments rendered in favor of the Account, including judgments rendered in the name of Fortress as Fortress of the Account. Account Holder agrees to be responsible for any and all collection actions, including contracting with a collection agency or institutional legal action, and bringing any other suits or actions which may become necessary to protect the rights of the Account. Account Holder understands that any legal filings made on behalf of this Investment are to be made on behalf of beneficial owners for whom Fortress acts as custodian. Account Holder agrees not to institute legal action on behalf of the Account without Fortress's written consent to litigate and that Account Holder shall prosecute any legal action. Account Holder agrees that any such legal action will be carried out in a manner that does not cause Fortress to incur any costs or legal exposure.
All notices under this Agreement shall be given in writing, in the English language, and shall be deemed given when personally delivered, when sent by email or confirmed fax, or three days after being sent by prepaid certified mail or internationally recognized overnight courier to the addresses set forth in the signature blocks below (or such other address as may be specified by party following written notice given in accordance with this Section).
If any provision of this Agreement is for any reason found to be ineffective, unenforceable, or illegal by any court having jurisdiction, such condition will not affect the validity or enforceability of any of the remaining portions hereof.
Account Holder agrees without reservation that Fortress is NOT providing any legal, tax or accounting advice in any way, nor on any matter, regardless of the tone or content of any communication (oral, written or otherwise). Account Holder shall rely solely on its own legal, tax, accounting and other professional advisors for any such advice and on all matters. Account Holder agrees that Fortress is not providing any investment advice, nor do we make any recommendations regarding any securities or other assets to Account Holder. Account Holder agrees that it will not construe any communications from Fortress or any person associated with Fortress, whether written or oral, to be legal, investment, due diligence, valuation or accounting advice and agrees to only and exclusively rely on the advice of Account Holder's attorneys, accountants and other professional advisors, including any Agents, investment advisers or registered broker-dealers acting on your behalf.
If Fortress receives any legal process relating to you or your Account, you authorize us to comply with it. "Legal process" means any document that appears to have the force of law that requires us to hold or pay out funds from your account, including a garnishment, attachment, execution, levy or similar order. Fortress does not have to determine whether the legal process was validly issued or is enforceable. If any action, including administrative proceedings, garnishment, tax levies, restraining orders or another action is brought against you or your account, you will be liable to us for any loss, cost or expense (including attorneys' fees) resulting from our compliance with any legal process. If we receive any subpoena, court order or request for information or documents from a government entity or arbitration panel relating to your account, we are authorized to comply with it and will charge you the Legal Research Fee.
Each of Account Holder and Fortress hereby agree that all current and future notices, confirmations and other communications regarding this Agreement specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in the Notices section above or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically-sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients' spam filters by the recipients email service provider, or due to a recipients' change of address, or due to technology issues by the recipients' service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Account Holder, and if Account Holder desire physical documents then it agrees to be satisfied by directly and personally printing, at Account Holder's own expense, either the electronically-sent communication(s) or the electronically available communications by logging onto Account Holder's Account online and then maintaining such physical records in any manner or form that Account Holder desires. Account Holder agrees that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your Account with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us.
Account Holder may not assign this Agreement to any third-party, including any affiliates or subsidiaries of Account Holder, without the prior written of Fortress.
This Agreement is governed by and will be interpreted and enforced in accordance with the laws of the State of Nevada without regard to principles of conflict of laws. Account Holder agrees that the situs of the Account shall be Nevada and the exclusive jurisdiction for all matters associated with the Account shall be Clark County, Nevada. Any claim or dispute arising under or relating to this Agreement may only be brought in arbitration, with venue in Clark County, Nevada, pursuant to the rules of the American Arbitration Association. Account Holder and Fortress each consent to this method of dispute resolution, as well as jurisdiction, and consent to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable costs and attorney's fees and the decision of the arbitrator shall be final, binding and enforceable in any court.
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which, taken together, will constitute one and the same instrument, binding on each signatory thereto. This Agreement may be executed by signatures, electronically or otherwise, delivered by facsimile or email, and a copy hereof that is properly executed and delivered by a party will be binding upon that party to the same extent as an original executed version hereof.
No party will be liable for any default or delay in performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by fire, flood, earthquake or other acts of God; labor disputes, strikes or lockouts; wars, rebellions or revolutions; riots or civil disorder; accidents or unavoidable casualties; interruptions in transportation or communications facilities; termination or restrictions imposed by correspondent banking partners or vendors; or delays in transit or communication; supply shortages or the failure of any person to perform any commitment to such party related to this Agreement; or any other cause, whether similar or dissimilar to those expressly enumerated in this Section, beyond such party's reasonable control.
Each party to this Agreement has been represented by or had adequate time to obtain the advice and input of independent legal counsel with respect to this Agreement and has contributed equally to the drafting of this Agreement. Therefore, this Agreement shall not be construed against either party as the drafting party. All pronouns and any variation thereof will be deemed to refer to the masculine and feminine, and to the singular or plural as the identity of the person or persons may require for proper interpretation of this Agreement. And it is the express will of all parties that this Agreement is written in English and uses the font styles and sizes contained herein.
This Agreement sets forth the entire understanding of the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement, and may not be modified or amended, except by a written instrument executed after the effective date of this Agreement by the party sought to be charged by the amendment or modification.
Account Holder hereby represents that the signer(s) of this Agreement are over the age of 18 and have all proper authority to enter into the Agreement. Furthermore, if Account Holder is an entity (e.g. corporation, trust, partnership, etc. and not an individual) then the entity is in good standing in its state, region or country of formation; which Account Holder agrees to produce evidence of such authority and good standing if requested by Fortress. Account Holder agrees to provide Fortress with any additional information required to open the Account, including beneficial owners and other customer information. Account Holder represents that the information provided is complete and accurate and shall immediately notify Fortress of any changes.
Nothing in this Agreement shall limit or restrict Fortress from providing services to other parties that are similar or identical to some or all of the services provided hereunder.
Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.
Under penalties of Perjury, Account Holder certifies that: (1) The tax identification number provided to Fortress by Account Holder, if Account Holder is a US person, is the correct taxpayer identification number and (2) Account Holder is not subject to backup withholding because: (a) Account Holder is exempt from backup withholding, or, (b) Account Holder has not been notified by the Internal Revenue Service (IRS) that Account Holder is subject to backup withholding. Account Holder agrees to immediately inform Fortress in writing if it has been, or at any time in the future is notified by the IRS that Account Holder is subject to backup withholding. Account Holders acknowledge that failing to provide accurate information may result in civil penalties.
By submitting this information, I certify that the information provided here is accurate and current, and that I have the authority to submit this application on behalf of the entity and persons on it. I certify that I have read and agree to Layer2 Financial Privacy Policy. I acknowledge that this account application will not be considered complete until all the necessary documentation has been submitted. Once complete, Layer2 Financial and its partner Banks and Trusts will review the information provided and they reserve the right to request additional information or documentation. I acknowledge that Layer2 Financial and/or its partner Banks and Trusts might be required by law to carry out all necessary security and customer due diligence checks on all parties involved for purposes of this application in compliance with the Bank Secrecy Act (\"BSA\"), and all Laws and regulations relating to AML, KYC, KYB, counter-terrorist financing, sanctions screening requirements, or any other legal obligations. I agree and authorize Layer2 Financial and its partner Banks and Trusts to make, directly or through any third-party, any inquiries that Layer2 Financial or its Partner Banks and Trusts considers necessary to validate the information provided, including checking commercial databases or credit reports. I further authorize Layer2 Financial and its partner Banks and Trusts to take such steps as they deem necessary to comply with their legal obligations; and acknowledge and agrees that Layer2 Financial or its partner Banks and Trusts may, from time to time, be required to disclose this application's information to third-parties. Fortress Trust Account Disclaimers.
Tell Fortress Trust AT ONCE if you believe an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell Fortress Trust within 2 business days after you learn of the loss, you can lose no more than $50 if someone used your funds without your permission. If you do NOT tell Fortress Trust within 2 business days after you learn of the loss, and Fortress Trust can prove Fortress Trust could have stopped someone from using your funds without your permission if you had told Fortress Trust, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell Fortress Trust at once. If you do not tell Fortress Trust within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if Fortress Trust can prove that Fortress Trust could have stopped someone from taking the money if you had told Fortress Trust in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Fortress Trust, we will extend the time periods.
If you believe an electronic fund transfer has been made without your permission, call:
702.813.3800 or write: Fortress Trust, Error Resolution Department, 10801 W. Charleston Blvd., Suite 440, Las Vegas, NV 89135
For purposes of these disclosures, Fortress Trust business days are Monday through Friday. Holidays are not included.
Fortress Trust will disclose information to third parties about your account or the transfers you make:
Periodic statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
If Fortress Trust does not complete a transfer to or from your account on time or in the correct amount according to your agreement with Fortress Trust, Fortress Trust will be liable for your losses or damages. However, there are some exceptions. Fortress Trust will not be liable, for instance:
Unless otherwise agreed in writing, your account is a non-interest bearing account.
There is no minimum balance required to open an account. There is no minimum balance required to avoid the imposition of a fee.
Monthly Fee: You will not be charged a monthly fee to maintain your account. But you could be charged monthly fees by Layer2 Financial or other providers for other services other than maintaining the account.
Fortress Trust reserves the rights to apply transaction limits. There is no debit, ATM or check features associated with this account.
As stated in the Electronic Statement Disclosure Agreement, you have consented to receive electronic statements for your account. If you withdraw your consent to receive electronic statements (or any other electronic communications), your account will be closed.
Fortress Trust reserves the right to terminate your account at any time. If your account is terminated, any proceeds in your account will be returned to the original source of payment that you, the account holder, used to fund the account unless otherwise agreed.
Our policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day Fortress Trust receives the deposit. All check deposits, including, but not limited to; official bank, cashier's, certified, tellers, traveler's, and federal, state and local government checks will be available on the next business day following the day of your deposit. Once the funds are available, you can withdraw them in cash and Fortress Trust will use them to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of business on a business day that Fortress Trust is open, Fortress Trust will consider that day to be the day of your deposit. However, if you make a deposit after the close of business, or on a day Fortress Trust is not open, Fortress Trust will consider the day of your deposit to be the next business day that we are open (for example, if you mail the deposit or utilize our night deposit drop). Even after Fortress Trust have made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to Fortress Trust unpaid and for any other problems involving your deposit.
Funds you deposit by check may be delayed for a longer period under the following circumstances: Fortress Trust believes a check you deposit will not be paid. You deposit checks totalling more than $5,525 on any one day. You/ Fortress Trust redeposit a check that has been returned unpaid. You have overdrawn your account repeatedly in the last six months. There is an emergency, such as failure of computer or communications Equipment. Fortress Trust will notify you if we delay your ability to withdraw funds for any of these reasons, and Fortress Trust will tell you when the funds will be available. They will generally be available on the fifth business day after the day of your deposit.
If you are a new customer, the following special rules will apply during the first 30 days your account is open. Fortress Trust policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day Fortress Trust receives the deposit. The first $5,525 of a day's total deposits of official bank, cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of Fortress Trust employees, the first $5,525 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
Deposited items that are drawn on financial institutions outside of the U.S., and not payable at or through the U.S. a branch correspondent financial institution will not be available to you until Fortress Trust receives payment. Even after Fortress Trust has made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to Fortress Trust unpaid and for any other problems involving your deposit.
If Fortress Trust accepts for deposit a check that is drawn on another bank, Fortress Trust may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with Fortress Trust. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Abound welcomes any comments or questions you may have regarding these Terms of Use or the App. Please send any comments or questions submitted 2261 Market Street, #4688 San Francisco, CA 94114 or via email at support@joinabound.com Please check back regularly for updates and changes.