TERMS OF SERVICE
Date of Last Revision: September 24, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
RISK STATEMENT. ALL INVESTMENTS INVOLVE SUBSTANTIAL RISK OF LOSS. ALL TRADING STRATEGIES ARE USED AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU UTILIZE. IF THE MARKET MOVES AGAINST YOU, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL AMOUNT YOU ALLOCATED TO THE INVESTMENT. YOU SHOULD NOT ENGAGE IN TRADING UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR FINANCIAL ADVISOR.
Earning Together, Inc. (“we”, “us”, “Earning Together”) is a platform engaged in offering demand note investments to accredited investors. By accessing or using our website at www.earningtogether.com (the “Site”), you agree that you have read, understand and agree to these Terms (defined below) regardless of whether you are registered as a user.
These Terms are a contract between you and Earning Together and our affiliates governing your use of your Earning Together account and the Earning Together services. You agree to comply with all of the terms and conditions in these Terms. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on our website from time to time. Section 8 of these Terms includes an agreement to resolve all disputes by arbitration on an individual basis. The following documents and policies are incorporated by reference into these terms of service:
These terms of service, any additional terms posted on our website from time to time and the additional documents noted above are collectively referred to as the “Terms.”
If after reading these Terms in their entirety you are still unsure of anything or you have any questions, please contact email@example.com.
We may revise these Terms and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. We reserve the right to amend these Terms at any time without notice, subject to applicable law. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. By continuing to use our services after any changes to these Terms become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to these Terms, you may close your account.
1. ACCESS TO THE SERVICE
- Eligibility: You must be an individual who is able to lawfully enter into an agreement to these Terms who resides in the United States and is an Accredited Investor (defined below) to use the Earning Together products and services. Use of certain services may have further eligibility requirements that will need to be verified prior to you using such services or from time to time in order to continue your use of the services. Certain features of the services may be limited depending on the state in which you reside, the date on which you created your account or other
- Accredited Investor: An Accredited Investoris an investor who has a net worth (individually or jointly) of at least $1,000,000 excluding the value of their primary residence or has individual income of at least $200,000 or has joint income of at least $300,000 for the past two years and reasonably expects to reach the same income level this year. In the registration process investors will provide their personal and financial information.
- Your Registration Obligations: You are required to register with Earning Together in order to access and use the service.Your acceptance of the Electronic Communications Policy is required to create an account.If you choose to register for the service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the service’s registration form. If any of this information changes, it is your obligation to provide updated information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the services. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes. You may register for only one (1) Earning Together account. If you open additional accounts, we reserve the right to immediately close such additional accounts.
- Funding: Funding: When you fund your Earning Together account, you are required to link an external, U.S.—issued bank account (an “Eligible Bank Account”) to your Earning Together account. We reserve the right to limit which banks or what types of accounts constitute an Eligible Bank Account. By providing the username and password you use to access your bank information online (“Credentials”), you acknowledge you are providing your Credentials to Plaid Inc. and agree to the terms of service found at https://plaid.com/legal. In addition, anytime you move funds into or out of your Earning Together account, we provide information required by Dwolla, Inc. to process the transfer. By moving funds into or out of your Earning Together account, you acknowledge and agree that you are sharing your personal information with Dwolla, Inc. and agree to the terms of service found at https://www.dwolla.com/legal/tos.
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the service. We will not be liable for any loss or damage arising from your failure to comply with
- Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree
- General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning use of the service, including without limitation the maximum period of time that data or other content will be retained by the service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we
- Mobile Services: Some of the services are available via a mobile device, including the ability to browse the service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our service providers for the duration of the business
- Mobile Communications: By accepting these terms of service, you expressly consent to be contacted by us at any telephone number, e-mail address, mailing address, account with us, or physical or electronic address you provide or at which you may be reached. You agree we, our agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at firstname.lastname@example.org. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You agree that we and our agents, representatives, or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.
2. CONDITIONS OF USE
- Account Suspension & Closure: We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of the terms of these terms of service. You may terminate this agreement at any time by closing your Earning Together account and discontinuing use of the services.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”)
that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the service. The following are examples of the kind of content and/or use that is illegal or
that we prohibit. You agree to not use the service to:
- violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
- intentionally try to defraud (or assist in the defrauding of) Earning Together or Earning Together users;
- provide false, inaccurate, or misleading information;
- take any action that interferes with, intercepts, or expropriates any system, data, or information;
- partake in any transaction involving the proceeds of illegal activity;
- transmit or upload any virus, worm, or other malicious software or program;
- attempt to gain unauthorized access to other Earning Together accounts, the Earning Together website, or any related networks or systems;
- use the services on behalf of any third party or otherwise act as an intermediary between Earning Together and any third parties;
- collect any user information from other Earning Together users, including, without limitation, email addresses;
- defame, harass, or violate the privacy or intellectual property rights of Earning Together or any other Earning Together users; or
- upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
- Fees: We do not anticipate charging any fees for the Services, however, we reserve the right to institute fees and change those fees over time. If we do start charging fees or change those fees, we will provide notice of the change on the Site or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the services other than U.S. taxes based on our net income and any fees charged by third-parties for you to access or use the Services.
- Special Notice for International Use; Export Controls: Software (defined below) available in connection with the service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the service, including as it concerns online conduct and acceptable content.
- Commercial Use: Unless otherwise expressly authorized herein or in the service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the service, use of the service, or access to the service.
3. INTELLECTUAL PROPERTY RIGHTS
- Service Content, Software and Trademarks: You acknowledge and agree that the service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the service. In connection with your use of the service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the service or distributed in connection therewith are the property of Earning Together, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Earning Together. The Earning Together name and logos are trademarks and service marks of Earning Together (collectively the “Earning Together Trademarks”). Other Earning Together, product, and service names and logos used and displayed via the service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Earning Together. Nothing in these terms of service or the service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Earning Together Trademarks displayed on the service, without our prior written permission in each instance. All goodwill generated from the use of Earning Together Trademarks will inure to our exclusive benefit.
- User Content Transmitted Through the Service: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these terms of service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Earning Together, its users and the public. You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth
below.We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual
property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Earning Together’s Copyright Agent at
email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Earning Together, Inc., 300 Lenora
Street #1616, Seattle, WA 98121.4. Copyright Notices: To be effective, the notification must be in writing and contain the following information: * an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the service, with enough detail that we may find it on the service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright
owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to
the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. THIRD PARTY WEBSITES
The service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
5. INDEMNITY AND RELEASE
You agree to release, indemnify and hold Earning Together and its affiliates, officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the service, any User Content, your connection to the service, your violation of these terms of service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARNING TOGETHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EARNING TOGETHER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EARNING TOGETHER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EARNING TOGETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EARNING TOGETHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF INTEREST YOU HAVE EARNED ON YOUR EARNING TOGETHER INVESTMENTS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE THOUSAND DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
8. DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these terms of service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Earning Together, whether arising out of or relating to these terms of service (including any alleged breach thereof), the services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these terms of service, you and Earning Together are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND EARNING TOGETHER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Earning Together AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Earning Together should be sent to Earning Together, Inc., 300 Lenora Street #1616, Seattle, WA 98121 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Earning Together and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Earning Together may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Earning Together or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Earning Together is entitled.
- Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these terms of service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the terms of service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless Earning Together and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Earning Together agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Earning Together will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Earning Together will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Earning Together will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the terms of service will continue to apply.
- Future Changes to Arbitration Agreement: Notwithstanding any provision in these terms of service to the contrary, Earning Together agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the services, you may reject any such change by sending Earning Together written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these terms of service (or accepted any subsequent changes to these terms of service).
You agree that Earning Together, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the service and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Earning Together believes that you have violated or acted inconsistently with the letter or spirit of these terms of service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Earning Together may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these terms of service may be effected without prior notice, and acknowledge and agree that Earning Together may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Earning Together will not be liable to you or any third party for any termination of your access to the service.
10. USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the service and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service.
These terms of service constitute the entire agreement between you and Earning Together with respect to your use of the website superseding any prior agreements between you and Earning Together with respect to the website; provided, however, that you may also be subject to additional terms and conditions for products or services provided by Earning Together, as applicable. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These terms of service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Earning Together agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington. The failure of Earning Together to exercise or enforce any right or provision of these terms of service will not constitute a waiver of such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these terms of service without the prior written consent of Earning Together, but Earning Together may assign or transfer these terms of service, in whole or in part, without restriction. The section titles in these terms of service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The service may also provide notices to you of changes to these terms of service or other matters by displaying notices or links to notices generally on the service.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact us at Earning Together, Inc., 300 Lenora Street #1616, Seattle, WA 98121.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these terms of service or to pose any questions regarding these terms of service or the service.