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 Abound mobile
application (the "Application"). As used herein, the terms "we," "us," and
"our" mean TClub Inc. / Abound. "You" and "your" means the person who is
using the Services to transfer funds from a US bank account.
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This is Your Contract with Us. Read this Agreement and
keep it for your records. By accessing the Application or using the
Service, you agree to the terms of this Agreement and agree that you
will comply with all applicable laws.
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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:
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If an individual, you are of the legal age of majority in your
jurisdiction, but in all events at least 18 years old;
- You have full authority to enter into this Agreement;
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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;
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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;
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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;
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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
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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 Application.
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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.
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General Description of the TClub, Inc. / 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"). As part of the Service, upon a user's
request, Abound will instruct one or more of its third party payment
service providers to direct their partner financial institutions to pull
funds directly from a user's designated bank account to transmit money
to the Recipient's bank account. 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.
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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.
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The Service offered generally includes two types of orders:
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Fixed Target Payment Orders, where you request that we instruct our
payment service provider to direct its financial service providers
to transfer a specific amount of foreign currency (not U.S. dollars)
to a Recipient.
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Fixed Source Payment Orders, where you request that we instruct our
payment service provider to direct its financial service providers
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.
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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.
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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.
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Payment Methods. We only accept payment for your
transfer via ACH Pull Direct Debit. No other payment methods are
accepted, including cash, mailed check, or electronic check.
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Payment by ACH Pull Direct Debit
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If you choose to pay for your transfer using the 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").
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When you choose to pay for your transfer using the 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.
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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 instruct our
Payment Service Provider to direct its Financial Service
Provider Partner to initiate electronic credits and debits to
Your Bank Account through the automated clearing house (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.
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Exchange Rates.
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The "Transaction Amount" is the amount that you send minus any
applicable fees and prior to any foreign exchange conversion.
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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"). Our Payment
Service Provider will convert the Transaction Amount at the
Locked-In Exchange Rate, provided that your Transaction Amount
reaches the specified bank account within the Specified Period.
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Unlocked Exchange Rates. If the Transaction Amount reaches the
specified bank account after the Specified Period, your funds may be
converted 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.
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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.
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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.
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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.
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Transaction History. You can access the details of all
your Transactions on our mobile Application.
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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
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.
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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.
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Fees.
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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).
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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.
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Exchange Rate margin: a margin may be applied to the Exchange Rate
that is offered to you on our Application. The Exchange Rate offered
to you on our Application will be inclusive on this margin.
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Service Providers. We use agents and service providers
to help us deliver the Service to you. For example, Checkbook, Inc. and
Nium, Inc. manage the Service on our behalf as our payment service
providers. Among other functions, the payment service providers arrange
delivery of funds to recipients abroad through relationships with their
financial service provider partners. Regardless, all services provided
by our payment service providers or other agents or service providers
are performed at our direction and subject to our supervision. To
utilize the Services, users may be required to enter into agreements
with one or more of our payment service providers.
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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 support@joinabound.com.
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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.
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The law generally requires us (or our payment service provider or
their financial service provider partners, as applicable) 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.
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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.
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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.
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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, at our sole discretion, as permitted under applicable
law.
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"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 the US are open for business.
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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 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.
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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.
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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 center.
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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 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 center. 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 support@joinabound.com.
Such notice will constitute notice of termination of your registration
with us and preclude future use of the Service.
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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.
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Limiting the Services and Termination
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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.
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Termination
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We may immediately terminate your registration and this
Agreement at any time without prior notice if in our reasonable
opinion:
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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;
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you have materially breached the law, the terms of the
Agreement or the terms of our referral or promotional
programs;
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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;
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it is impossible to get in touch with you by the telephone
number and email address you have provided;
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you or your bank initiate a chargeback or rejection of an
attempted transfer;
- you are a charitable or non-profit organization.
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We may suspend or refuse to execute Transactions if any of the
reasons in 24.2.1 apply to the Recipient of the Transaction.
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You may terminate your registration at any time by contacting
client support at 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. (and/or our payment service provider or
their financial service provider partners, as applicable) will
retain records of your Transaction history in accordance with
regulatory requirements and our retention policies.
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Applicable Law and Arbitration. This Agreement is
entered into in the 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.
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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.
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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.
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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.
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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
understanding between us.
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Notices to Us. If you have any problems using the
Service, you should contact client support at
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 STE 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.