(Last Updated August 19, 2019)
These terms of service ("Terms of Service") constitute a legal agreement between you and Activehours, Inc., (“Activehours”) a Delaware corporation, and govern use of the Site and the Services and your use of the Site and the Services. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Activehours’s website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Activehours. Any reference to "Activehours" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term "Site" includes all websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
Pay Outs. Activehours offers various tools and functions through the Sites (the "Services"), that can enable you to assess the value of your accrued pay and to access such earned wages prior to payday by obtaining a payout from Activehours (each, a “Pay Out”).
Balance Shield. Activehours also allows you to access earned wages prior to payday in order to help you minimize overdrafts by automatically sending you a payout between $.01 and $100 every time we see that your bank account balance has fallen below $100 (“Balance Shield”).
Health Aid. Activehours also allows you to submit your medical bills (including, medical, dental and vision) to Activehours’s medical billing negotiators to negotiate lower payment options with your medical providers (“Health Aid,” formerly known as “MediPal”). Once you upload a medical bill, Activehours will first determine if the bill is eligible for the Medical Bill Review Service, and then if Activehours determines your bill is eligible for the service, Activehours will send you an update within 48 business hours with either a final report of any available options to lower your medical bill payments that it was able to learn, or requesting further action from you in order to learn what options are available.
Earnin Cash Back Rewards. Activehours also allows you to receive cashback in the form of credit issued to you through your debit card or bank account within 10 days of when you make a Qualified Purchase at participating merchants as further described below (“Earnin Cash Back Rewards”). Rewards will be available to payout 3-5 days after making a Qualified Purchase and each payout will take an additional 3-5 days to be reflected in your associated bank account. A “Qualified Purchase” is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An "Offer" is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer. There is a $250 cashback limit per transaction.
No Fees or Charges. You are not required to pay any fees or charges to use the Services. There are no fees to obtain a Pay Out, receive a payout for Balance Shield, use Health Aid, or use Earnin Cash Back Rewards. You may make voluntary additional payments in appreciation of the services rendered, but you are not required to pay any charge or fee to be eligible to receive or in return for receiving the Services. These voluntary additional payments help fund Activehours.
When you enroll in Balance Shield, you may select a voluntary additional amount to pay in appreciation of the services rendered each time Balance Shield is automatically activated. If your payout under Balance Shield is less than $100, your voluntary additional payment amount will be prorated based on the amount of money that Balance Shield cashes out. You can turn Balance Shield on or off, and/or edit your pre-selected voluntary payment amount at any time. We will also send you an annual reminder informing you that Balance Shield is still turned on and of the preselected voluntary payment amount you chose.
No Obligation to Repay. We will have no legal or contractual claim or remedy against you based on your failure to repay, however, if we are unable to access funds from your bank account to complete a payment that you authorized Activehours to take, you will be prevented from using the Services until you pay any outstanding authorized payment to Activehours. Activehours will not engage in any debt collection activities if the payout is not repaid on the scheduled date, place the payout as a debt with or sell it to a third party, or report to a consumer reporting agency concerning the amount of the payout.
2. Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, OR ENROLLING IN EARNIN CASH BACK REWARDS YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ENROLL IN EARNIN CASH BACK REWARDS, ACCESS OR USE THE SITE OR THE SERVICES. You may not enroll in Earnin Cash Back Rewards or use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Activehours; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.
Activehours may modify this Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the Activehours.com site. The Terms of Service will always indicate the date it was last revised. In addition, we will send you an in-app notification or email informing you of any material changes in the Terms of Service prior to posting those changes. When you use the Service after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
3. Privacy and your Personal Information
You may opt-out of Earnin Cash Back Rewards at any time by following the instructions below.
To opt out of our program and unlink your cards, you must follow the steps below:
Go to Cash Back Rewards
Click on “unenroll”
Confirm you want to unenroll card
You must repeat this process for every card you wish to delete
4. Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of the combination of your Login ID and password, which together allow you to access the Services, and access Earnin Cash Back Rewards . That Login ID and password, together with any account information, mobile number or other contact information you provide form your "Registration Information."
If you believe that your Registration Information or a device that you use to access any Site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at email@example.com.
5. Accuracy of and Changes to your Information
You agree to provide accurate profile information, including, as applicable, your name, physical address, email address and Account Information (“Profile Information”). You further agree to promptly update all your Profile Information whenever the information provided to us is no longer accurate. You can update your information by clicking on the settings link after you login. If you need help in changing your information, please email us at firstname.lastname@example.org. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile Information current.
6. Disclosure and Consent to Electronic Communications
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by Activehours to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
these Terms of Service and any amendments, modifications, or supplements;
records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
any other communication related to the Sites or Services.
Your access to this page through your device verifies that your device meets these requirements.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting email@example.com and stop using the Sites and Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Pay Outs. Activehours offers various tools and functions through the Sites, that can enable you to assess the value of your accrued pay and to access such earned wages prior to payday by obtaining a payout from Activehours (each, a “Pay Out”).
We may limit the total number Pay Outs that you may receive at any given time or over a period of time. We may decline to extend a Pay Out to you if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. If you generally fail to maintain a balance in your bank account that is sufficient to cover your repayment of a Pay Out, we may decline to allow you to obtain a Pay Out for as long as we determine to be necessary or appropriate.
Balance Shield. Activehours also allows you to access earned wages prior to payday in order to help you minimize overdrafts by automatically sending you a payout between $.01 and $100 every time we see that your bank account balance has fallen below $100 (“Balance Shield”).
We may limit the amount we send you for Balance Shield at any given time or over a period of time. We may decline to offer Balance Shield to you at any time if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. If you’ve already reached your Daily Max or Pay Period Max we may decline to send you a payout under Balance Shield. We may also decline to send you a payout under Balance Shield if you don’t have earnings added to your account, or if we were unable to connect to your bank account, or if your account is on hold.
Health Aid. Activehours offers Health Aid (formerly known as “MediPal”) to allow you to submit your medical bills (including, medical, dental and vision) to Activehours’s medical billing negotiators to negotiate lower payment options with your medical providers. Not all medical bills are eligible for Medical Bill Review. Once you upload a medical bill, Activehours will first determine if the bill is eligible for the Medical Bill Review Service, and then if Activehours determines your bill is eligible for the service, Activehours will send you an update within 48 business hours with either a final report of any available options to lower your medical bill payments that it was able to learn, or requesting further action from you in order to learn what options are available. Activehours provides its Medical Bill Review Service for informational purposes only. Activehours does not enter into any binding agreement with third-parties on your behalf or make any payments to any third-parties on your behalf in connection with its Medical Bill Review service.
By submitting documents, including documents containing medical and insurance information, for Medical Bill Review, you agree that you are disclosing the documents to Activehours and expressly authorize Activehours to review the contents of each document. By using Medical Bill Review, you further authorize Activehours to speak to your medical provider, or their representatives, on your behalf about the contents of the documents you submitted for Medical Bill Review. By using Medical Bill Review, you also agree to waive any rights you may have to prevent Activehours from disclosing the content of the documents to your medical provider, or their representatives, on your behalf for the purpose of learning about available payment options to lower your medical bill payments.
Earnin Cash Back Rewards. Activehours offers Earnin Cash Back Rewards to allow you to receive cashback in the form of statement credits issued to you through your debit card or bank account within 10 days of when you make a Qualified Purchase at participating merchants. Rewards will be available to payout 3-5 days after making a Qualified Purchase and each payout will take an additional 3-5 days to be reflected in your associated bank account. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An "Offer" is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer. There is a $250 cashback limit per transaction.
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.
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that 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.
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.
Please note that we use Empyr, Inc. as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Empyr, Inc. If you have already enrolled a payment card with a separate program operated by Empyr, Inc., you will be unable to register that card in both Earnin Cash Back Rewards and the other Empyr, Inc.-operated program. You may enroll another payment card in Earnin Cash Back Rewards or deactivate your card in the other Empyr, Inc.-operated program.
Earnin Cash Back Rewards statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected as part of the aggregate amount received from Earnin. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear as part of your Earnin balance within approximately 10 days of the qualifying transaction, but may be subject to delays.
Earnin Cash Back Rewards Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer. Activehours, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
In no event will the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Activehours.
Earnin may choose to share a portion of its Empyr publisher fee with Earnin Cash Back Rewards customers, but is not required to share any portion and may cease sharing its portion at any time, with or without notice.
9. Your Use of the Services
Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.
When you request a Pay Out or turn on Balance Shield, you warrant that the earned wages being paid out are just and due to you and that you have not received payment for such wages or any part of the wages from anyone else.
We will recoup payment for Pay Outs or a payout for Balance Shield directly from your bank account upon deposit of your next paycheck. By requesting a Pay Out or turning on Balance Shield, you authorize us to initiate debit and credit entries to your bank account, or if you link a debit card to your account, you authorize us to charge your debit card, for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments you initiate. Activehours reserves the right to charge your bank account at any time on or after the day the paycheck associated with the earned wages you have requested are expected to deposit into your account; however, Activehours will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover repayment of a Pay Out or payout for Balance Shield in the pay period. Our failure to charge your bank account for repayment of a Pay Out or payout for Balance Shield within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Activehours harmless from any claims by any other owner of the account.
Activehours’ authorization to initiate debit and credit entries to your bank account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting firstname.lastname@example.org at least three business days before the day the transaction is scheduled and stop using the Sites and the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Activehours. You are responsible for any costs or damages related to the timing of authorization revocation.
If we are unable to access funds from your bank account to complete a payment that is owed to Activehours, we will have no legal or contractual claim or remedy against you based on your failure to repay, however, you will be prevented from using the Services until you repay any outstanding balance owed to Activehours. Activehours will not engage in any debt collection activities if the payout is not repaid on the scheduled date, place the payout as a debt with or sell it to a third party, or report to a consumer reporting agency concerning the amount of the payout. You further agree that:
you will reimburse Activehours for any fees imposed on us as a result of the failed transaction; and
you will reimburse Activehours for any fees we incur in attempting to debit the amount of the failed transaction from you.
Activehours is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.
Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites (“Account Information”), and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can decline to allow you to use the Services.
Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Activehours, in its sole discretion, may elect to take. In no event will Activehours be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
10. Modification to Site or Services
Activehours reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice, including Pay Outs, Balance Shield, Medical Bill Review and Earnin Cash Back Rewards. We reserve the right to change the Services and Terms of Service, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Activehours will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.
11. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Activehours through the Service, you are licensing that content to Activehours solely for the purpose of providing the Service. Activehours may use and store the content for the purpose of providing the Service to you. By submitting this content to Activehours, you represent that you are entitled to submit it to Activehours for use for this purpose, without any obligation by Activehours to pay any fees or other limitations.
By using the Service, you expressly authorize Activehours to access your Account Information maintained by identified third parties, including but not limited to your bank, on your behalf as your agent. Activehours will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Activehours to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Account Information to you as part of the Service, you grant Activehours a limited power of attorney, and appoint Activehours as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Activehours IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Activehours IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
12. No Unlawful or Prohibited Use
As a condition of your use of the Sites and Services, you represent and warrant to Activehours that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
request a Pay Out or use Balance Shield for any earned wages that you do not have the complete right, title and interest in or for which you have already received payment;
use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services;
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
access the Sites by any means other than through the interface that is provided by Activehours for use in accessing the Sites;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.
If Activehours, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Activehours, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
we may close, suspend, or limit your access to your account or ability to use the Sites or Services;
we may update inaccurate information you provided us;
we may decline to allow you to use the Sites or Services in the future;
we may take legal action against you; however, with respect to any Pay Outs or payout for Balance Shield, Activehours will not engage in collection efforts to collect payments due to us, place the amount paid out as a debt with, or sell it to, any third party, or report your repayment history to a credit bureau or other consumer reporting agency; and
we may hold you liable to Activehours for the amount of Activehours's damages caused by your violation of these Terms of Service.
Activehours, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.
13. Activehours's Intellectual Property Rights
All content included or available in connection with the Sites, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Activehours or the licensors or suppliers of Activehours and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Sites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Activehours or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Activehours will be treated as being non-confidential and nonproprietary, and Activehours will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
14. Disclaimer of Presentation and Warranties
THE SITES, SERVICES, INCLUDING Pay Outs, Balance Shield, Medical Bill Review, and Earnin Cash Back Rewards, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Activehours AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. Activehours AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES, INCLUDING Pay Outs, Balance Shield, Medical Bill Review, and Earnin Cash Back Rewards. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES, INCLUDING Pay Outs, Balance Shield, Medical Bill Review, and Earnin Cash Back Rewards, IS AT YOUR SOLE RISK.
Activehours AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Activehours AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. Activehours IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Activehours does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Activehours makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Activehours will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Activehours OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, INCLUDING Pay Outs, Balance Shield, Medical Bill Review, and Earnin Cash Back Rewards, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF Activehours HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, Activehours'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
16. Indemnification of Activehours
You will defend, indemnify and hold harmless Activehours and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.
17. Governing Law & Forum for Disputes
These Terms of Service, and your relationship with Activehours under these Terms of Service, will be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Activehours, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service will be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Activehours may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Activehours is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.
You also acknowledge and understand that, with respect to any dispute with Activehours, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Service:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; 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 LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable will be stricken from these Terms of Service.
You agree that if Activehours does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Activehours has the benefit of under any applicable law), this will not be taken to be a formal waiver of Activehours's rights and that those rights or remedies will still be available to Activehours.
All covenants, agreements, representations and warranties made in these Terms of Service will survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and Activehours regarding the subject matter of the same, and supersedes all other previous agreements.