Abound

Terms & Conditions Remittance Terms & Conditions Privacy Consent Referral T & C

Terms of Use

Effective: October 15, 2024

Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your Use (as defined below) of the Abound/Abound (as defined below) (“Abound”, “Abound”, “we”, “us”, or “our”) website and mobile application (the “Applications”), any associated Content (as defined below), material, or functionality contained on the Applications, all interactive features, applications, widgets, blogs, social networks and social network pages, and other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Applications (collectively, the “Services” and, together with the Abound Application and associated website, the “App”). The App, except where indicated otherwise, is the property of Abound. By accessing, browsing, downloading, using, or registering for (collectively “Using”) any Content, material, or functionality contained on the App, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use the App, or any portion thereof. Any use of the App is at the sole risk of the user. References to “Abound” / “Abound” shall include Abound, Abound, and TClub Inc.

READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT RULES, RESTRICTIONS, DISCLAIMERS, AND OTHER INFORMATION GOVERNING YOUR USE OF OUR APP AND SERVICES. AS FURTHER SET FORTH BELOW, THESE TERMS CONTAIN AN AGREEMENT TO WAIVE THE RIGHTS TO SUE IN COURT AND PARTICIPATE IN ANY ACTION AS A PLAINTIFF OR OTHER MEMBER OF A CLASS.

The Services

The Services constitute a technology platform accessible via the Applications that enables Abound members to receive personalized offers, including cashbacks, concierge services and other incentives on third-party products and services.

Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or 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.timesclub.co/terms-conditions 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.

Changes to the Referral Terms

Abound may suspend, cancel, terminate or modify our referral offers, including any terms and conditions and any referral functionalities at any time in 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 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.

Access and Use

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.

User Responsibility; No Unlawful or Prohibited Use

Any use or attempted use of the App: (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the App; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Abound to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the App, you agree you will not:

Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Abound representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Probe, scan, test the vulnerability of or breach the authentication measures of, the App or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including e-mail addresses, mobile numbers etc.; or
Use any robot, spider, scraper, or other automated or manual means to access the App or copy any Content or information on the App.

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.

Proprietary Content

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 Materials (as defined below).

Subscriptions

From time to time, Abound 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 nonrefundable but may be cancelled at any time by navigating to your profile page and clicking “My Subscriptions” and then clicking on the subscription that is needed to be cancelled will open up a cancellation confirmation box from where subscription can be cancelled. After that Subject to your payment of the subscription fees, your compliance with these Terms of Use, and availability of the subscription services, your subscription will enable you to access the subscription features specified in the subscription services offer. Abound 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.

Debit Card Instructions

If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.

Card and Transaction Eligibility

Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express (the ‘Payment Card Networks’).

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.

Debit Card Instructions

Card and Transaction Eligibility

Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express (the ‘Payment Card Networks’).

Disclaimer of Warranties

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 SYSTEM 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 SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM 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 SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH ABOUND ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ABOUND PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, ABOUND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. ABOUND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.

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.

Limitation of Liability

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 AND PAYMENT PROCESSORS), 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 SYSTEM, THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH ABOUND; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM 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 SYSTEM, 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 SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL ABOUND, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES (INCLUDING PAYMENT CARD NETWORKS SUCH AS AMERICAN EXPRESS, VISA, AND MASTERCARD 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 SYSTEM, 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 (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS), 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.

Indemnification

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.

Links to Other Parties’ Content

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.

Disclaimer of Third Party Information

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.

Accounts, Passwords, and Security

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.

General

These Terms of Use (as each may be revised and amended from time to time according to their respective terms) 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.

Abound Dollars Rewards Program Terms of Use

1. Introduction

Welcome to the Abound Dollars Rewards Program (the "Program"), a proprietary loyalty initiative made available by Abound. The Program allows registered members ("Members") to earn Abound Dollars, a proprietary loyalty currency, through qualifying purchases and participation in promotional activities. These Terms of Use (the "Program Terms") govern your participation in the Program and your use of Abound Dollars. By enrolling in the Program, you agree to be bound by these Program Terms. Please read them carefully.

The Program replaces any and all prior rewards (including cashback) programs and offerings made available by Abound. All previously-earned rewards will be converted to Abound Dollars, and will be subject to the terms of this policy. If, as of the time of this update, you have not redeemed any rewards in the preceding three-month period, those rewards will be subject to expiration on or after November 1, 2024. To keep your account active, simply redeem any reward through the Abound platform by October 31, 2024.

2. Eligibility

To participate in the Program, you must meet the following eligibility criteria:

Be at least 18 years of age.
Be a resident of the United States or, as may be expressly provided elsewhere, an eligible country where the Program is offered.
Create and maintain a valid account on the Abound platform, providing accurate, current, and complete personal information, including a valid email address.

Only one Program account is permitted per individual. Creating multiple accounts, whether for the purpose of earning additional Abound Dollars or any other reason, is prohibited and may result in account suspension or termination, including forfeiture of all accumulated Abound Dollars.

3. Program Overview

The Program enables Members to accumulate Abound Dollars by making qualifying purchases from participating merchants or by participating in specific promotions and activities offered by Abound or its partners. Abound Dollars are a loyalty currency with no cash value and are not cash, gift cards, gift certificates, or any form of cash equivalent whatsoever. They cannot be redeemed for USD or other currencies except and only to the extent expressly provided, and are only redeemable for rewards as defined by the Program at the time of redemption. Abound reserves the right to revoke, change, or limit redemption rates and options at any time in its sole discretion.

Ownership of Abound Dollars:

You acknowledge that Abound Dollars remain the sole property of Abound unless and until redeemed by you for eligible rewards. They do not represent a balance or deposit in a financial account and have no monetary value in any capacity whatsoever until used for specific redemption purposes in accordance with these Program Terms.

4. Earning Abound Dollars

A. Qualifying Purchases

You may earn Abound Dollars by making qualifying purchases from participating merchants, as long as the purchase is initiated and completed through the designated link or process specified by Abound or the merchant. The amount of Abound Dollars earned will be calculated based on the net amount of the qualifying purchase, excluding taxes, shipping fees, and other non-eligible costs.

B. Non-Qualifying Purchases

Certain types of transactions are excluded from earning Abound Dollars, including but not limited to:

Purchases made using gift cards or similar methods of payment.
Purchases involving points from other loyalty programs.
Recurring subscription services or products, unless specifically stated.
Purchases canceled, refunded, or returned.
Taxes and government-imposed fees.

Abound relies on merchants to appropriately and accurately report or confirm transactions; if the merchant fails to so report or confirm a transaction, it may not be eligible for rewards.

C. Promotional Offers

From time to time, Abound Dollars may also be earned through participation in promotional offers, surveys, or other activities as outlined by Abound. These offers may have specific terms and conditions, including earning caps or time limits, which will be detailed at the time of the promotion.

D. Post-Purchase Adjustments

If a purchase is returned, canceled, or adjusted, the corresponding Abound Dollars earned may be deducted from your account. Adjustments will reflect the final eligible transaction value, if any.

5. Redemption of Abound Dollars

A. General Redemption

Members may redeem their accumulated Abound Dollars for available rewards, which may include products, services, gift cards, or other promotional items as specified by Abound. The availability and selection of rewards may vary, and Abound reserves the right to change the rewards offerings at any time without prior notice.

B. Minimum Redemption Threshold

You must meet a minimum balance of $30.00 Abound Dollars to redeem any rewards. Partial redemptions are not allowed. Rewards must be redeemed in whole units of Abound Dollars and cannot be split across multiple transactions unless explicitly allowed.

C. No Cash Value

Abound Dollars are not cash, cannot be exchanged for cash, and do not have any monetary value outside of the Program. They are not equivalent to gift cards, gift certificates, or any other form of negotiable instruments.

D. Expiration of Abound Dollars

EachAbound Dollar earned under the Program will expire if not redeemed within twelve (12) months from the date of issuance, except as otherwise expressly provided. Abound reserves the right to impose a shorter expiration period as Abound may determine appropriate from time to time, in Abound’s sole discretion. Upon expiration, the Abound Dollars will be permanently forfeited and cannot be reinstated. It is your sole responsibility to monitor your account and ensure that Abound Dollars are redeemed before the expiration period.

E. Non-Transferability

Abound Dollars cannot be transferred, gifted, or sold to another Member or any third party. Any attempt to transfer Abound Dollars in violation of this policy will result in the forfeiture of all Abound Dollars in your account and possible suspension or termination of your account.

6. Account Management and Activity

If your account remains inactive (no earning or redemption of Abound Dollars) for a period of 12 consecutive months, Abound reserves the right to close your account.

7. Program Modification and Termination

Abound reserves the right to modify, suspend, or terminate the Program at any time, for any reason, without prior notice to Members. In the event of Program termination, Members will be given a 30-day notice to redeem any accumulated Abound Dollars. After this period, any remaining Abound Dollars will be forfeited.

8. Termination or Suspension of Participation

Your participation in the Program may be terminated or suspended at the sole discretion of Abound if:

You violate any of these Program Terms or any associated policies.
You engage in fraudulent activity or misuse of the Program.
You create multiple accounts or use unauthorized means to earn Abound Dollars.

In the event of termination or suspension, all Abound Dollars in your account will be forfeited and will not be reinstated.

9. Data Collection and Privacy

Your participation in the Program requires that we collect and process certain personal information, including your name, email, transaction history, and other data relevant to your participation in the Program. This data is collected and used in accordance with our Privacy Policy, which is available on our website. By enrolling in the Program, you acknowledge that your personal information will be handled in accordance with the terms of our Privacy Policy.

10. Taxes

You are solely responsible for any tax liability related to your participation in the Program, including the earning and redemption of Abound Dollars. Depending on applicable tax laws, you may be required to report rewards received, and Abound Dollars may be considered taxable income. You agree to provide any necessary tax documentation, such as a completed IRS Form W-9, upon request. Abound is not responsible for determining your tax obligations.

11. Fraud and Abuse Prevention

We reserve the right to investigate and take action against any Member suspected of fraud, abuse, or manipulation of the Program. This includes, but is not limited to, creating fake transactions, engaging in self-referrals, or using automated systems (bots) to accumulate Abound Dollars. Members found in violation may face account suspension or termination, forfeiture of all Abound Dollars, and potential legal action.

12. Program Expiration and Final Redemption Period

In the event the Program is terminated, all Members will be notified, and a final 30-day redemption period will be provided. During this period, you must redeem any remaining Abound Dollars. After this period, all unused Abound Dollars will expire, and the Program will be permanently closed. No further redemptions will be permitted after this date.

13. Limitation of Liability

Abound is not liable for any direct, indirect, incidental, or consequential damages arising from or related to your participation in the Program, including but not limited to delays, interruptions, or the unavailability of Program services. Abound Dollars and rewards are provided "as is" and without any warranties, express or implied. Abound does not guarantee the availability or continued offering of any specific rewards.

14. Contact Information

If you have any questions regarding the Program or these Program Terms, please contact our customer support team at legal@joinabound.com.

Abound Card, Cash Management account, & Deposit account Terms Of Service

Electronic Fund Transfer Disclosure Statement

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum.

You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time.

If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.

Error Resolution.

In Case of Errors or Questions About Your Electronic Transfers message us in-App or email us at support@joinabound.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you within 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name, account number (if any), phone number, and email.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we make take up to 45 days to investigate your complaint or question. A provisional credit will be given to the consumer when the 45 day review period is utilized.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

We will extend, by a reasonable time, the period in which notice of an error must be received, if a delay resulted from an initial attempt by you to notify the account-holding institution.

Services

If during the course of linking your External Account your profile is flagged for review by our compliance systems, you may be asked to upload documentation supporting your identity. You agree only to upload documentation that is current, accurate, and belongs to you.

Deposits into your account may take 7 business days to settle and withdrawals out of your account may take up to 5 business days to settle. During that time the funds will be unavailable for withdrawal or other use.You will be able to make six (6) free withdrawals from your Service Account to your External Account monthly. You authorize us to electronically debit and credit your designated deposit account at your designated depository financial institution via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:

Range of Acceptable Debit Amounts: up to $1000 per Business Day; and
Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day).

TClub Inc. reserves the right to cancel or suspend transactions due to fraud or compliance-related concerns.

Abound works with financial service partners including the Layer2 Group. 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 are referred to below as “The Layer2 Group”.

Cash management accounts and related services are offered through the Layer2 Group. Card services are provided by Layer2 Group’s bank partners (“Layer2 Group Program Banks”).

Securities products offered by Layer2 may not be FDIC insured and involve risk, including possible loss of principal.

Cash Management services are provided by Layer2 Group. Please visit the Layer2 Group website at https://layer2financial.com/ for important legal disclosures.

Further, Abound uses Buckzy Payments Inc. for customer onboarding, KYC, and servicing purposes.

We reserve the right to make modifications to these Terms of Service at any time and for any reason. In the event that a change to our Terms of Service will result in an increase of fees, an increase of liability to our users, fewer types of electronic funds transfers or stricter limitations not he frequency or dollar amount of transfers, you will be notified via email 30 days before the effective date.

Jurisdiction

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.

YOU HEREBY CONSENT TO ARBITRATION OF ALL CLAIMS BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR WILL BE SELECTED AND THE ARBITRATION CONDUCTED PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NO “CLASS” OR SIMILAR GROUP ARBITRATION SHALL BE PERMITTED. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN SAN FRANCISCO, CALIFORNIA, ALTHOUGH YOU MAY ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.

You understand that, in return for your agreement to this Section, we are able to offer you the Service at the terms designated, and that your assent to this Section is an indispensable consideration to these Terms. You also acknowledge and understand that, with respect to any Claim:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16.

Checkbook pass through TERMS and CONDITIONS for marketplace customers

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’s website at www.checkbook.io and/or any other website(s) exclusively provided by Checkbook (the “Website”).

1. Relationship with Checkbook

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 agree to provide supplemental documentation upon request (including but not limited to: articles of incorporation, passports, driver’s license or a business license).

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.

2. E-Sign Disclosure and Consent

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.

3. Prohibited Activities

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: Adult content, bail bonds, bankruptcy lawyers, check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant, credit counseling or credit repair agencies, credit protection or identity theft protection services, counterfeit or possibly counterfeit goods, debt collection, consolidation, or reduction services, distressed property sales and marketing, door to door sales, drugs, alcohol, or drug paraphernalia, or items that may represent them, factoring, liquidators, bailiffs, bail bondsmen, financial services such as cash advances,, gambling or betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races, hate, violence, racial intolerance, or the financial exploitation of a crime, internet pharmacies or pharmacy referral sites, inbound or outbound telemarketing businesses including lead generation businesses, multi-level marketing businesses, pyramid or ponzi schemes, pharmaceuticals, including medical marijuana, obscene or pornographic items, prostitution, escort services, massage parlors and other explicit sexually related services, unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same, violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same, weapons, including replicas and/or ammunition.

In addition, you may not use the Service for:

competing with Checkbook;
transferring funds between bank accounts held in the same name.

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.

4. Our Role and Your Responsibilities

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 it’s 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. 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 of 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.

5. Your Payment Authorization

You authorize Checkbook through it’s FSP to hold, receive, disburse and settle funds on your behalf. Your authorization permits Checkbook though it’s 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.

6. Underwriting and Sharing Information

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.

7. Transactions

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.

8. Payout Schedule

Checkbook through it’s 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 it’s 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 entity.

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.

9. Taxes

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.

10. Refunds and Returns

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.

11. Refunds and Returns Provided by You

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 it’s 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.

12. Our Set-Off and Collection Rights

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 it’s 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.

13. Checkbook’s Intellectual Property Rights

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.

14. Indemnity

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.

15. Disclaimer of Warranties by Checkbook

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.

16. Limitation of Liabilities and Damages

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.

17. Disputes and Binding Arbitration

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.

18. Governing Law

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.

19. Limitation on Time to Initiate a Dispute

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.

20. Amendment of Agreement

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.

21. Other Provisions

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.

FORTRESS TRUST ACCOUNT AGREEMENT

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each individual or entity that 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 your driver’s license or other identifying documents.

The undersigned account holder (“Account Holder”) hereby requests and directs that Fortress Trust LLC (“Fortress”), a Nevada financial institution (dba Fortress TC), establish one or more Fortress Trust Account(s) (collectively, the “Account”) for and in the name of Account Holder, and to hold as custodian all assets contributed to, or collected with respect to such Account, upon the following terms and conditions (the “Agreement"): 1. SELF-DIRECTED ACCOUNT: 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 accordance with 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 is 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. CUSTODIAL PROPERTY & SERVICES:

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 anytime 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 transaction.

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.

3. SCHEDULE OF FEES:

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.

4. ACCOUNT ACCESS AND COMMUNICATIONS:

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.

5. REGULATORY COMPLIANCE.

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 fortresstrust.us, as amended from time to time.

6. TERM AND TERMINATION, MODIFICATION:

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.

7. DISCLAIMER:

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. LIMITATION OF LIABILITY

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. INDEMNIFICATION

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.

10. NOTICES:

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).

11. SEVERABILITY

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.

12. NO LEGAL, TAX, INVESTMENT OR ACCOUNTING ADVICE:

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.

13. RESEARCH, LEGAL PROCESS AND REQUESTS FOR INFORMATION:

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. 14. ELECTRONIC COMMUNICATIONS NOTICE AND CONSENT: 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 desire. 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 auto?dialer) 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.

15. ASSIGNMENT:

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.

16. BINDING ARBITRATION, APPLICABLE LAW AND VENUE, ATTORNEYS FEES:

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 associate 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.

17. COUNTERPARTS, FACSIMILE, EMAIL, SIGNATURES:

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.

18. FORCE MAJEURE:

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.

19. INTERPRETATION:

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.

20. ENTIRE AGREEMENT, AMENDMENTS:

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.

21. CAPACITY:

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.

22. SERVICES NOT EXCLUSIVE:

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.

23. INVALIDITY: 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.

24. SUBSTITUTE IRS FORM W-9 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 it 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.

Disclaimers

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.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: 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.

Electronic Fund Transfers

Consumer Liability

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.

Contact in event of unauthorized transfer

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

Business days

For purposes of these disclosures, Fortress Trust business days are Monday through Friday. Holidays are not included.

Confidentiality

Fortress Trust will disclose information to third parties about your account or the transfers you make: (i) where it is necessary for completing transfers, or (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) In order to comply with government agency or court orders, or (iv) If you give Fortress Trust your written permission.

Documentation

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).

Financial institution's liability

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: i. If, through no fault of Fortress Trust, you do not have enough money in your account to make the transfer. ii. If the system was not working properly and you knew about the breakdown when you started the transfer. iii. If circumstances beyond Fortress Trust control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. iv. There may be other exceptions stated in Fortress Trust’s Custody Agreement with you.

Truth in Savings Disclosure

RATE INFORMATION INCLUDING COMPOUNDING & CREDITING

Unless otherwise agreed in writing, your account is a non-interest bearing account.

MINIMUM BALANCE REQUIREMENTS

There is no minimum balance required to open an account. There is no minimum balance required to avoid the imposition of a fee.

FEES

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 different that maintaining the account.

TRANSACTION LIMITS

Fortress Trust reserves the rights to apply transaction limits. There is no debit, ATM or check features associated with this account.

STATEMENTS

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.

ACCOUNT CLOSING

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.

FUNDS AVAILABILITY DISCLOSURE

YOUR ABILITY TO WITHDRAW FUNDS

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 receive 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.

LONGER DELAYS MAY APPLY

Funds you deposit by check may be delayed for a longer period under the following circumstances:

• Fortress Trust believe 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.

SPECIAL RULES FOR NEW ACCOUNTS

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.

FOREIGN ITEMS

Deposited items that are drawn on financial institutions outside of the U.S., and not payable at or through a U.S. branch correspondent financial institution will not be available to you until Fortress Trust receives payment. 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.

HOLDS ON OTHER FUNDS

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.

Contact Us

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.

Remittance Terms & Conditions

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 mobile application (the “Service Application”). As used herein, the terms “we,” “us,” and “our” mean TClub Inc. / Abound / Abound. “You” and “your” means the person who is using the Services to transfer funds from a US bank account.

This is Your Contract with Us. Read this Agreement and keep it for your records. By accessing the Service Application or using the Service, you agree to the terms of this Agreement and agree that you will comply with all applicable laws.
Eligibility and Registration. In order to use the Service, you first must register. As part of your registration and use of the Service, you represent and warrant that:
1. If an individual, you are of the legal age of majority in your jurisdiction, but in all events at least 18 years old;
2. You have full authority to enter into this Agreement;
3. You hold a US bank account that will be the source of funds for transfers using the Service and that, unless you are acting as an agent as set forth in Section 2.5, is held in your name and over which you exercise legal authority and control;
4. You will not be violating any laws or regulations by registering with us, entering into or by performing any part of this Agreement, or by otherwise using the Service;
5. You are not an agent acting for an undisclosed principal or third party beneficiary. In the event that you are acting for a third party, you agree to provide us with certified copies of identification evidence of such authorizations that you have received from the third party and obtain our express approval before acting on that third party’s behalf;
6. All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information
7. You will ensure that your contact details provided at registration remain accurate and up to date. We will use those contact details to contact you wherever required under this Agreement or in connection with the Service. You may update your contact details at any time by logging in to the Service Application.
Identity Verification Process. To help the government fight the funding of terrorism and money laundering activities, Federal law requires TClub Inc. to obtain, verify and record information that identifies each person to whom we provide certain types of services. What this means for you when you use our Service we may require you to provide your name, address, date of birth, taxpayer ID, phone number, email address, and other information that will allow us to identify you. We may require you to provide documentation, which may include your passport, driver’s license, or other government issued photo identification document. We may also contact you if we have additional questions.
General Description of the TClub, Inc. / Abound / Abound Service. The Service enables the transmission of funds to recipients (“Recipients”) located in other countries in a currency other than United States Dollars (“USD”). Funds are transmitted to Recipients via electronic funds transfer, wire transfer or other electronic methods. The Service, as described herein, may be amended by us at any time, upon notice, as set forth above. Moreover, we retain full discretion to refuse to accept any user or to complete any instruction to send money (a “Transaction”) at any time.
Compliance with Office of Foreign Assets Control (“OFAC”). All U.S. persons, including U.S. banks, bank holding companies, and non-bank subsidiaries, must comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds, if you are a Specially Designated National, or fall into the scope of a country- based sanction program, as described under OFAC’s regulations.
The Service offered generally includes two types of orders:
1. Fixed Target Payment Orders, where you instruct us to transfer a specific amount of foreign currency (not U.S. dollars) to a Recipient.
2. Fixed Source Payment Orders, where you instruct us to convert a specific amount of U.S. Dollars into a specified foreign currency and then to transfer the resulting converted amount to the Recipient.
Unlawful And Other Impermissible Use. You agree not to use the Service for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to report suspected unlawful activity to any appropriate regulatory or similar authority or person and to provide such authority or person any relevant information, including personal data.

More specifically, you are not allowed to use our Services:
- in connection with the sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where you lack such a license;
- in connection with the sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in your jurisdiction;
- in connection with the sale or distribution of any material that promotes violence or hatred; in connection with the sale or distribution of adult content;
- in connection with the sale or distribution of goods or services that violate the intellectual property rights of a third party;
- in connection with the sale or exchange of cryptocurrencies;
- as part of a Ponzi-scheme or pyramid selling;
- as part of any gambling or regulated financial services you may provide; or
- in connection with the sale or distribution of firearms or other weapons, military or semi-military goods, military software or technologies, chemicals, prescription medications, seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones.
Multiple Registrations. Multiple registrations are prohibited. You may register only once, and each user must maintain a separate registration. If we detect multiple active registrations for a single user, we reserve the right to merge or terminate the registrations and refuse you all continued use of the Service without notification to you.
Payment Methods. We only accept payment for your transfer via ACH Pull Direct Debit, or any balance that you may have in our Cash Management Account. No other payment methods are accepted, including cash, mailed check, or electronic check.
1. Payment by ACH Pull Direct Debit
  1. If you choose to pay for your transfer using our ACH Pull direct debit feature, you will need to provide your bank account details, including your bank account number and routing number (each such bank account is deemed “Your Bank Account”).
  2. When you choose to pay for your transfer using our ACH Pull Direct Debit feature and provide Your Bank Account details, you represent that Your Bank Account payment details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from Your Bank Account.
  3. When you choose to pay for your transfer using our ACH Pull Direct Debit feature and by providing Your Bank Account details and requesting a Transaction, you authorize us to initiate electronic credits and debits to Your Bank Account through the automated clearinghouse (ACH) network in order to process the requested Transaction, including any applicable fees and charges.
    
    Your authorization shall remain in effect for any Transaction that you have authorized while a registered user with the Service unless canceled in accordance with this Agreement.
Exchange Rates.
1. The “Transaction Amount” is the amount that you send minus any applicable fees and prior to any foreign exchange conversion.
2. Locked-In Exchange Rates. We always specify the exchange rate applicable to your Transaction at the time you submit your requested Transaction, and this exchange rate will be locked-in (the “Locked-In Exchange Rate”) for a period of 96 hours from the time you initiate your payment (the “Specified Period”). We will convert the Transaction Amount at the Locked-In Exchange Rate, provided that your Transaction Amount reaches our specified bank account within the Specified Period.
3. Unlocked Exchange Rates. If the Transaction Amount reaches our specified bank account after the Specified Period, we may convert your funds at the Locked-in Exchange Rate or Unlocked Exchange Rate, as defined below, which means that the exchange rate could be lower than the Locked-In Exchange Rate.
  1. We make reasonable efforts to align Unlocked Exchange Rates with the mid-market rate in global currency markets at the time of conversion. We do not guarantee that the rates match any particular benchmark source at any given time. We are not liable if the amount received by the Recipient is less than anticipated as a result of changes in the global currency markets.
  2. In order to protect you from negative volatility in the global foreign exchange markets, we automatically apply a 3% rate limit (the “Automatic Rate Limit”). This means that in the event that the conversion rate moves negatively (to your detriment) beyond the Automatic Rate Limit, then we will temporarily stop any further conversion until market conditions improve. We will notify you if the situation does not improve for more than 24 hours.
4. We may charge you a Fee for the Service in the form of Transaction Fees, Administration Fees and margin applied directly to the Exchange rate.
Transaction History. You can access the details of all your Transactions on our mobile application.
Refused Transactions. We reserve the right in our sole discretion to refuse any Transaction. Reasons for refusal may include but are not limited to an inability to match your registration information with your bank account details, incorrect Recipient details or an insufficient deposit amount. We generally will attempt to notify of you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for the refusal and whether the problem can be corrected. We will not notify you of a refusal where to do so would be unlawful.
Cancellation of Transactions. You may cancel your Transaction for a full refund(a) within 30 minutes of authorizing your Transaction or (b) at any time thereafter if the Transaction Amount has not yet been converted in accordance with your order.
Fees.
1. Transaction Fees. We may charge a fee on every Transaction. Any Fees charged relating to the Transaction will be fully visible to you before you accept the Transaction. The Transaction Fee is added to the Transaction Amount that will be deducted from your account.. Transaction Fees do not include any fees that your bank or the Recipient’s bank may charge. Those fees may be deducted from your deposit (in the case of your bank) or the delivered amount (in the case of Recipient’s bank).
2. Administration Fee. An Administration Fee may be incurred when your Transaction is refused due to incorrect payment details, regulatory requirements or any other reason. (This fee is in addition to any amount your bank or the Recipient’s bank may assess.) Any Administration Fee will be deducted from your Transaction Amount. Our current Administration Fee for Refused Transactions is 8.00 USD per Transaction.
3. Exchange Rate margin: a margin may be applied to the Exchange Rate that is offered to you on our Application. The Exchange Rate rate offered to you on our Application will be inclusive on this margin.
Service Providers. We use agents and service providers to help us deliver the Service to you. For example, Nium, Inc. manages the Service on our behalf as our service provider. Among other functions, Nium, Inc. arranges delivery of funds to Recipient abroad. Regardless, all services provided by Nium, Inc. or other agents or service providers are performed at our direction and subject to our supervision and control.
Errors and Compromised User Credentials. Once Transactions have been executed, they cannot be reversed, and, except as expressly set out in this Agreement, we will not be liable in any way for any loss you suffer as a result of a Transaction being carried out in accordance with your instructions. If you believe there to be an error in connection with a Transaction or other problem as set out in this Section 16, then you should notify our customer support at +1 (888) 850-2387 or support@joinabound.com.
1. If you think there has been an error or problem with your transfer, you must contact Client Support no later than 180 days of the date we promised to you that the funds would be made available to the Recipient. When you do, please tell us as much of the following information as possible: (1) Your name and address; (2) The error or problem with the transfer, and why you believe it is an error or problem; (3) The name of the person receiving the funds, and if you know it, his or her telephone number or address; (4) The dollar amount of the transfer; and (5) The confirmation code or number of the transaction.
2. The law generally requires us to investigate and determine whether an error occurred within 45 days after you contact us. We will inform you of our determination within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
3. If your Transaction history shows Transactions that you did not initiate, please contact Client Support at once to let us know. Client Support must hear from you no later than sixty days after the date we make available to you the periodic statement in which the error appears. If you do not tell Client Support, you may not get back any of the money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money had you told us in time.
4. Tell Client Support at ONCE if you believe your user credentials have been compromised. Telephoning is the best way of keeping any losses to a minimum. Compromise of your credentials could allow thieves to access your bank account to make unauthorized payments. If you notify Client Support within two Business Days, you can lose no more than $50 if someone uses your use credentials without your permission. If you do NOT tell us within two Business Days after you learn of the compromise of your credentials, and we can prove we could have stopped someone from using your credentials without your permission if you had told us, you could lose as much as $500.
5. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods set out in this Section 16, as permitted under applicable law.
“Business Day" for purposes of this Agreement means any day, other than a Saturday, Sunday, federal or New York state holiday, on which banks in US are open for business.
Limitations of Liability. Neither we nor any of our agents, affiliates, holding companies, subsidiaries, employees, officers, directors, service providers, or subcontractors will be liable:

For losses or damages alleged to result from our failure to properly complete a Transaction (other than as just noted in Section 15 above);

For losses or damages alleged to result from our delay in completing a Transaction;

If, through no fault of ours, you do not have enough money in your bank account or have not timely deposited sufficient funds with us to make the Transaction;

If your system or device was not working properly during your use of the Service and you knew about the breakdown when you started the Transaction;

For errors made by you or a Recipient, such as making a transfer to an unintended person or transferring an unintended amount;

For errors by your bank, such as the provision of incorrect bank account information for your bank account;

For losses or damage arising from your misuse or inability to use the Service Application, whether due to reasons within our control or not;

For losses or damage to you from our inability to complete a Transaction because we are prohibited by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or

Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
Disclaimer of Liability.

IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.

WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.
Right of Set-Off. You agree that we are authorized at any time to set-off the funds deposited with us against your debts or liabilities owed to us. We may exercise this right of set-off without notice to you.
Changes to this Agreement. We may amend this Agreement at any time by posting a revised version on the Service Application (a “Change”). In the event that there is a Change which happens during the time which we have agreed to perform a Service for you but the Service has yet to be fully completed, the original terms and conditions (prior to any such Change) shall apply until such Service has been fully completed or has been cancelled or terminated in accordance with this Agreement, except where a Change is required by applicable law to take effect sooner. For the avoidance of doubt, any Change relating to the addition of a new service, extra functionality or any such change which we believe in our reasonable opinion neither reduces your rights nor increases your responsibilities shall be deemed to be effective immediately. You are recommended to retain a copy of this Agreement at the time a Service is requested for your records. You also may request a copy from us of the version of the Agreement in effect at the time of a particular Transaction that you have requested by contacting the help centre.
Consent for Electronic Disclosures. The Service is an electronic commerce relationship. In order for the Service to be provided to you, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not use the Service. Your consent applies to all of the documents we provide to you electronically in connection with the Service, including receipts and notices.

Access to electronic disclosures will be provided by way of the Internet. Your history of use of the Service is available for viewing online from your account on the Service Application . In order to view these disclosures, you will need a hardware device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the Internet to access our website. Additionally, Internet browser software is required to access the disclosures from a personal computer.

If you require a printed copy of your full printed copy of your transaction history, you can request this by contacting the help centre.

We recommend you download or print a copy of this Agreement for your records. You may download a copy of this Agreement in PDF format. This document requires Adobe Acrobat Reader for viewing.

If you consent to electronic access to documents, we are not required to provide you with paper copies. You may obtain these documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify client support at +1 (888) 850-2387 or support@joinabound.com. Such notice will constitute notice of termination of your registration with us and preclude future use of the Service.
Privacy. We treat your privacy seriously. We share your personal information provided in connection with the Service with our agents and service providers to provide you with the Service. Please see our Privacy Policy, for comprehensive information concerning our collection, use and disclosure of your personal information.
Limiting the Services and Termination
1. We may limit the Services available to you, terminate your registration or suspend or refuse a Transaction at any time, without notice, if we reasonably suspect any security risk associated with your registration or Transaction, or if we terminate your registration for the reasons set out in this Agreement. We will do our best to notify you prior to taking any such action. However, if prior notification is not practicable, we will promptly notify you by email after the suspension. We have no obligation to notify you should such a notification be impossible or unlawful.
2. Termination
  1. We may immediately terminate your registration and this Agreement at any time without prior notice if in our reasonable opinion:
    
    --we determine in our sole discretion that you are not eligible to use the Services or that you are using them for an impermissible purpose;
    
    --you have materially breached the law, the terms of the Agreement or the terms of our referral or promotional programs;
    
    --you engage in behavior that we in our sole discretion view as suspicious or otherwise of concern;
    
    --duplicate accounts are opened for the same person;
    
    --it is impossible to get in touch with you by the telephone number and email address you have provided;
    
    --you or your bank initiate a chargeback or rejection of an attempted transfer;
    
    --you are a charitable or non-profit organization.
  2. We may suspend or refuse to execute Transactions if any of the reasons in 24.2.1 apply to the Recipient of the Transaction.
  3. You may terminate your registration at any time by contacting client support at +1 (888) 850-2387 or support@joinabound.com. Termination, whether by you or by us, shall not affect prior Transactions or (except where required by law) obligations under this Agreement existing at the time of termination. Upon termination, TClub Inc. will retain records of your Transaction history in accordance with regulatory requirements and our retention policies.
Applicable Law and Arbitration. This Agreement is entered into in State of Delaware. This Agreement and any claim or controversy arising out of or relating thereto, including any claim against TClub Inc. in connection with the Service (collectively, a “Claim”) is governed by the laws of the United States and the state of Delaware, without regard to conflicts or choice of laws principles, whether or not you live in Delaware.

YOU HEREBY CONSENT TO ARBITRATION OF ALL CLAIMS BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR WILL BE SELECTED AND THE ARBITRATION CONDUCTED PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NO “CLASS” OR SIMILAR GROUP ARBITRATION SHALL BE PERMITTED. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN NEW YORK, NEW YORK, ALTHOUGH YOU MAY ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.

You understand that, in return for your agreement to this Section, we are able to offer you the Service at the terms designated, and that your assent to this Section is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any Claim:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
Assignment. You may not transfer or assign this Agreement to any other person without our prior written consent. We may assign our obligations to you under this Agreement without your consent or any prior notice.
English Language. This Agreement may be provided to you in English or any other language that we support. For the avoidance of doubt, any non-English version of the Agreement is provided for translation purposes only. In the event that any conflict arises between the English and non-English versions of the Agreement, the English version shall prevail.
Entire Agreement. This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Notices to Us. If you have any problems using the Service, you should contact client support +1 (888) 850-2387 or support@joinabound.com. Any notice of legal claim or other process pursuant to this Agreement shall be delivered via email to support@joinabound.com or via post to: 2261 Market Street #4688, San Francisco, CA, 94114.

Abound Consent Policy

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 [Link]. 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.

Abound Privacy Policy

Last modified: May 21, 2024

Introduction

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.
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.

Service Providers

Abound has relationships with certain service providers in order to provide its services to you. Abound has contracted with financial service partners including the Layer2 Group. 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 are 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) and the Buckzy Privacy Policy (to the extent shared with Buckzy). Layer2 will share your information as necessary with its Partner Financial Institutions and other service providers in connection with providing their services.

Users under the Age of 18

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 a individual under 18, please contact us at the e-mail address provided to you in Contact Information section.

Information We Collect and How We Collect It

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.

Information You Provide to Us via the App.

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.

Automatic Information Collection and Tracking.

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 below chart further summarizes our collection, use, and disclosure of personal information:

Transaction Data Specifics

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 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.

Other Information Collection Technologies.

The technologies we use for automatic information collection may include:

Cookies. A cookie is a small file placed on your smartphone or browser. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Abound, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-party Information Collection

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:

Advertisers, ad networks and ad servers.
Analytics (including marketing analytics) and digital platform management companies.
Your mobile device manufacturer.
Your mobile service provider.
Plaid, Stripe, your card issuer or other financial services provider.

Other Disclosure of Your Information

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:

To our subsidiaries,affiliates, group companies, holding companies, located within and/ or outside the US, including in India. Some of our affiliates and/or group companies may offer subsidized service and other offerings to Abound members. As disclosed above, we may integrate your personal information with other group companies’ tools and databases. Those group companies may use that integrated information to enhance their marketing effectiveness and deliver targeted ads. Please find the Times Internet’s, one such group company, privacy policy here.
To our licensed money transfer vendor, Stripe, in the event that you direct us to transfer funds internationally, in which case Stripe’s privacy policy will apply.
To contractors, service providers, content providers, and other third parties we use to support our business.
To third parties to market their products or services to you.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Abound Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
To comply with any court order, investigation, law or legal process, including to respond to any government or regulatory request.
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 here, Plaid’s privacy policy here, and their relationship to provide you with money transfer services here.

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 You 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.

State Privacy Rights

Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising

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.

California Residents

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:

Identifiers, such as name, address, online identifier, internet protocol address, e-mail address, account name, social security number, driver’s license number, passport number, or other similar identifiers;
Additional personal information described in California Civil Code Section 17980.80, such as telephone number, bank account number, credit card number, debit card number, or any other financial information, employment, and employment history;
Characteristics of protected classifications under California or federal law; Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming tendencies;
Internet or other electronic network activity information;
Geolocation data;
Audio and visual information, including pictures and videos;
Professional or employment-related information;
Education information;
Inferences drawn from other personal information; and
Sensitive personal information.

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:

the right to know what personal information that we have collected about you, including the categories of information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you;
the right to delete personal information that we have collected from you and the right to correct inaccurate personal information that we maintain about you (each subject to certain exceptions);
the right to opt-out of the “sale” or “sharing” of your personal information (as described in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy); and
the right to exercise your rights under the CCPA free of discrimination by us including, but not limited to: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

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:

The right to confirm whether we are processing your personal information and to access such personal information.
The right to correct inaccuracies in your personal information, taking into account the nature of the personal information, and our purposes of the processing of such personal information.
The right to delete personal information provided by or obtained about you.
The right to obtain a copy of your personal information that you previously provided to us in a portable and if technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance.
The right to opt out of the processing of your personal information for purposes of: (1) targeted advertising, (2) the “sale” of personal information, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You may opt out of (1) and (2) as described in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy. Your right to opt out of (3) does not apply as we engage in such decision-making, if at all, to comply with law or exercise or defend our legal rights.

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.

Do Not Track

We treat the information of everyone who comes to our App in accordance with this Privacy Notice, regardless of their “Do Not Track” setting.

Email Consent and Opt-out

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 e-mails you may receive.

Information Security

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 is 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 e-mail to legal@joinabound.com. Please include the word "phishing" in the subject line of your e-mail and provide as much information as possible about the fraudulent activity or message. We do not send e-mails 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.

Online Account Management

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.

Sweepstakes, Promotions, Contests & Surveys

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 the 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.

Synapse Privacy policy

Synapse is our backend software provider, and partners with financial institutions to provide FDIC insurance. Synapse’s API, and its relationship with financial institutions, enable us to offer banking services and products. By agreeing to our Privacy Policy, you also agree to Synapse’s policies below: https://synapsefi.com/legal

Lineage bank’s Privacy notice: link

Synapse brokerage LLC privacy notice: link

Abound’s privacy notice: link

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account or an in-App alert the first time you use the App after we make the change. All such updates and amendments are effective immediately upon notice thereof. We expressly reserve the right to make any changes to this privacy policy at any time, without early or prior notice to you. The most recent version of the privacy policy is reflected by the effective date located at the bottom of this privacy policy. The version of this privacy policy posted at https://www.JoinAbound.com/privacy on each respective date you use the App shall be the privacy policy applicable to your access and use of the App on that date. Our electronically or otherwise properly stored copies of this privacy policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy which were in force on each respective date you used the App.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

2261 Market Street, #4688 San Francisco, CA 94114

legal@joinabound.com

+1 (612) 470-2151

Referral Program Terms

Abound may, from time to time, offer you the opportunity to earn rewards for referring your eligible friends and family members (our “Referral Program”). The Referral Program, and your participation therein, together with the participation of any new members referred through our Referral Program, are governed by these Referral Program Terms. All rewards are the sole and exclusive property of Abound and have no value whatsoever until redeemed. Abound reserves the right to modify, suspend, or terminate its rewards program at any time with or without notice to anyone.

1. What other terms apply to our Referral Program?

When participating on our Referral Program, you remain bound by any agreements between you and us, including our Terms and Conditions and Privacy Policy [https://accounts.joinabound.com/legal], which are incorporated into and form a part of these Referral Program Terms.

2. Who is eligible to participate?

Individuals who reside in any of the 50 United States or the District of Columbia are eligible to participate in our Referral Program.

3.When may members receive rewards through our Referral Program?

Only current Abound members may receive rewards (“Referral Bonuses”) for referring new members. Current members may receive rewards only when referring individuals without current Abound accounts and, if Abound offers rewards for new members subscribing through our Referral Program (“Referred Member Bonuses,” and together with Referral Bonuses, the “Bonuses”), only individuals without current Abound accounts are eligible to receive such new member rewards. Abound reserves the right, in our sole discretion, to take any action we deem appropriate if we suspect that a member has sought to obtain rewards for ineligible referrals, including (i) reversal of any Referral Bonus and/or Referred Member Bonus; (ii) forfeiture of any rewards associated with a member’s account; (iii) termination of a member’s account; or (iv) any other remedy that we deem appropriate, in our sole discretion.

Unless otherwise specified in any applicable program terms, Bonuses will be posted to a member’s account within ninety (90) days of the qualifying activity.

4. Who may be referred as a new member under our Referral Program?

An individual referred under our Referral Program must meet each of the following requirements:

The referred member is a natural person residing in any of the 50 United States or the District of Columbia;
The referred member is a new Abound member without any current or previous Abound accounts;
The referred member must use the referring member’s custom referral link or other referral method supplied by us when registering to become a member;
The referred member must agree to, and comply with, our Terms and Conditions and Privacy Policy [https://accounts.joinabound.com/legal];
If required by the relevant promotion terms, the referred member must make a qualifying purchase or spend a qualifying amount eligible for rewards through Abound’s rewards program, within the time period therein specified. If no such time period is specified, the relevant period is thirty (30) calendar days. The referred member must be the individual who actually pays for any such qualifying purchase as may be required.

5. How many rewards may referring and referred members earn through our Referral Program?

The applicable bonus amounts, if any, are those specified in the terms of the applicable promotion at the time the referring member sends the referral link (or other referral mechanism) to the referred member. Unless otherwise expressly specified in the terms of any applicable promotion, a referring member may earn Referral Bonuses up to a total of [insert cap amount]. A referred member may earn a Referred Member Bonus only once.

6. What representations do referring and referred members make by participating in our Referral Program?

By participating in the Referral Program, (i) as a referring member, you represent and warrant that you have any and all necessary consents to submit their personal information to us and for us to use their personal information as set forth in our Privacy Policy [https://accounts.joinabound.com/privacy]; and (ii) as a Referrer or Referee, you will comply with all applicable Abound terms and policies, including without limitation our Terms and Conditions and Privacy Policy [https://accounts.joinabound.com/legal], and any and all applicable laws, rules and regulations in your participation in our Referral Program.

7. What actions and behaviors are prohibited in connection with our Referral Program?

The following is a non-exhaustive list of activities that are not permitted under the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under a Abound account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or spam; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, posting the link to any merchant, social media, or forum page; (vi) bidding on any keywords containing “Abound” or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; (x) taking any action or making any content that is disparaging or defamatory to us, as determined in our sole discretion; or (xi) taking any other action which, in our sole discretion, constitutes abuse of our Referral Program. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Abound reserves the right, in our sole discretion, to take any action we deem appropriate if we suspect that a member has attempted to or actually engaged in any prohibited activities, including (i) reversal of any Referral Bonus and/or Referred Member Bonus; (ii) forfeiture of any rewards associated with a member’s account; (iii) termination of a member’s account; or (iv) any other remedy that we deem appropriate, in our sole discretion. Our decisions are final.

8. When may the Referral Program be suspended or Terminated?

We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.