Federal and the laws of the State of Tennessee shall be applied without giving effect to principles of conflicts of law. If you attempt to make a deposit to an Account we closed, we may collect the deposit and set-off your indebtedness to us. Your Account is not transferable and is not assignable as collateral for a loan or for any other purpose. 2. Arbitration procedures are simpler and more limited than rules applicable in court. If we credit your Account with funds while investigating an error, you must repay those funds to us if we conclude that no error has occurred. Except as provided below, you may make ACH withdrawals from your Account up to the available balance in your Account by any means that we make available to you. Please keep a copy of these Account Terms. The terms “claim” and “dispute” are to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any disagreement relating in any way to services offered in connection with an Account or any other services offered pursuant to these Account Terms; to your use of any of our banking products or services; to any means you may use to access your Account(s); to any advertisements, promotions or oral or written statements related to the Account; to the benefits and services related to an Account; or your approval, establishment or enrollment for an Account. L. Sub-Deposit Accounts. You can also use the FDIC’s Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie. Holds on your Earnin account are only temporary. Opening an Account. Legal Department This prohibition includes any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. We may refuse to follow any of your payment instructions if we think they are illegal or potentially harmful to us. We may also ask to see other identifying documents, such as a driver’s license. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and all Accounts and may be modified at our sole discretion without advance notice. This section does not, in any case, reduce our liability to you as described in Section VI (Electronic Fund Transfer Disclosure). As long as you can set up direct deposit, you can link to Earnin’s app. If you attempt to make a deposit to an Account we closed, we may collect the deposit and set-off your indebtedness to us. Written notice that the Account has been closed and a check, if any, will be sent to any address shown on our records for you, or if the Account is a jointly owned, to any account owner to whom we elect to send it. O. State laws (called "escheat" or unclaimed property laws) require us to close your Account and transfer your money to the state if your Account is dormant for a period of time as defined by your state of residence. You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. Withdrawals to your Account that are handled electronically through a debit card payment network. 2. If you intend to close your Account, you should notify us. The Account is a transaction account that allows you to make and receive certain transfers. All deposits are provisionally credited subject to our receipt of final payment. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. Most categories include more than one transaction type. If a third party is also involved in a claim between you and us, then the claim will be decided with respect to the third party in arbitration as well, and it must be named as a party in accordance with the rules of procedure governing the arbitration. For quality control purposes and for other reasons, you permit us to record and monitor your telephone conversations and electronic communications with us (including email). 200 Portage Ave. If we approve your appointment of an attorney in fact, we have no duty to monitor or ensure that the acts of your attorney in fact are for your use or benefit or are otherwise permissible under applicable law. Non re re payment: One facet that is distinctive of would be the not enough non re re re payment punishment. If we receive a levy, attachment, or other legal process against you or any party to your Account, we may refuse to permit withdrawals or transfers from your Account until the legal process is dismissed or satisfied. We may (but are not obligated to) permit you to initiate a transfer of funds between your accounts at the Bank through the Earnin Platform. What should I expect with Cash Back Reward Offers? If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff (our right to apply funds in one account to the debt associated with another account) or security interest rights against the funds credited to your balance after your death. We group the different types of transactions into categories. Limitation of Liability, Disclaimer of Warranty, Indemnification and Reimbursements. Money-savers: Lightning Speed delivers debit cashouts instantly. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. You grant us a security interest in your Account to secure payment of any money that you owe to us arising under these Account Terms or any other agreements with us. As solely used in this Section IV (Arbitration and Waivers), “we” or “us” shall include the Bank, its affiliates and their successors, employees, directors, officers and agents, and the terms “you” or “yours” shall mean each Account owner and all persons or entities approved to have, approved to use and/or given access to an Account. We all deserve something better. Deposits. You may deposit funds into your Account by using the an Automated Clearing House transfer (“ACH Transfer”). We subtract debits in a category from your balance in order from the highest to lowest dollar amount, unless specified otherwise herein. B. ACH Transfer Initiated by an External Bank or Through a Third Party. For purposes of determining the SIA applicable to your Account, you need to consider all accounts that you also hold at the Bank. You agree to receive these calls and messages, including pre-recorded or auto-dialed calls. Alternatively, we may, at our discretion, mail you a check for the available balance in your Account. You agree to repay us promptly any amount credited to your Account in error, and you authorize us to debit your Account to obtain payment of any erroneous credit. From time to time, due to maintenance, malfunctions or failures of software, equipment, or telecommunications devices, as well as unusual transaction volume or similar reasons, access to your Account may not be available to you. If you intend to close your Account, you should notify us. In the event that payment(s) have failed to post to your bank account, your Earnin account will be put on a temporary hold. You will indemnify and hold us harmless from any claims by any person related to the Linked Account, including any other owner of the Linked Account. You agree to indemnify and hold us harmless from any losses, damages, suits and expenses, including reasonable attorneys’ fees, which we may incur as a result of: (i) taking any action or not taking any action that we are entitled to take pursuant to these Account Terms; (ii) any action or omission by you; or (iii) relying upon instructions or information from you. When you open an Account, we may also establish a deposit account or omnibus custody account (“Sub-Deposit Account”) opened in Evolve’s name for your benefit. In that case, we will send you a statement at least quarterly, unless your account is considered inactive. How soon can I cash out after creating an account? We use automated systems to process transactions and then to post transactions to your Account. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change or terminate these Account Terms without notice to comply with any appropriate Federal or state law or regulation. All deposits are considered to be non-cash deposits. D. Service Providers. Maximum withdrawal limit. After you submit a claim under this subsection, we may require you to: (1) complete and return a form detailing the Exception; (2) provide us with any and all requested documents we may require; (3) notify law enforcement; and (4) cooperate fully with us in our investigation. When you make a deposit, we will act only as your collection agent and will not be responsible beyond the exercise of good faith and ordinary care. We have no obligation to monitor, review or evaluate the legality of any transaction. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. We reserve the right to refuse or return any item that we believe is related to an illegal transaction, an Internet or online gambling transaction or a high-risk transaction. Day of Deposits. Why did the app send money to me when I didn't cash out? If your Account becomes dormant, you may no longer receive statements, but you can still view your accounts online. The decision of the arbitrator is final and binding. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THESE ACCOUNT TERMS IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK, PROVIDED THE BANK EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. Other Services and Conflicts. You may make a deposit into your Account by ACH Transfers or any other method we make available to you. Our business days are (Monday through Friday). Posting Orders. We have no obligation to monitor, review or evaluate the legality of any transaction. Subject to applicable law, you understand that any payment instruction or activity performed using the Earnin Platform shall be deemed authorized and valid and Bank is under no obligation to investigate the instruction or activity. During processing, we generally include in your Account balance some transactions that you make after the business day cut-off, but before the end of the calendar day. If you do not opt out, for a dispute subject to arbitration, neither you nor we will have the right to: (A) have a court or a jury decide the dispute; (B) engage in information-gathering (discovery) to the same extent as in court; (C) participate in a class action in court or in class arbitration; or (D) join or consolidate a claim with claims of any other persons. If we make available to you any of our other banking services offered in connection with your Account (e.g., wire or check services), we may provide certain terms and conditions of the additional service to you in a separate agreement or disclosure. Can I register multiple employers with Earnin? Balance Shield alerts and Balance Shield Cash Outs. If a selection by us of one of these organizations is unacceptable to you, you have the right within ten (10) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. We will give you advance notice of any change required by law in accordance with such law. Each owner of an Account shall have a continuing obligation to provide any other documentation we may request from time to time, including any information required under our customer identification program to establish your identity. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access your Account caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to or to access the Internet, or other limitations or constraints of the Internet. Delays. Take back control of your finances with Earnin. After you submit a claim under this subsection, we may require you to: (1) complete and return a form detailing the Exception; (2) provide us with any and all requested documents we may require; (3) notify law enforcement; and (4) cooperate fully with us in our investigation. If we receive a claim against the funds in your Account, or if we know of or believe that there‘s a dispute as to the ownership or control of funds in your Account, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we‘re satisfied that the dispute is settled; (2) close your Account and send the balance to the named account holder(s); (3) require a court order to act; … Waiting period: It can take up to 72 hours to activate your account after you sign up. Fees. The money should hit your bank account within a day if you make a request during the weekday. Certain Transactions Made After Business Day Ends. Next, we generally add available deposits and credits to your balance and then subtract debits from your balance based on the debit category. To the extent any dispute arising under these Account Terms or relating in any way to your Account or your relationship with us is not arbitrated, you consent to the jurisdiction of, and agree that such dispute will be resolved by the Federal or state court located in Shelby County, Tennessee. Business Days. We receive credits, debits and holds throughout the day. Then you pay a “tip” on top of the withdrawal- … Requests for ACH Transfers to debit the Linked Account that are made before 4:00 PM MT on a business day, shall be considered received on the business day the request is made. Right out of the social […] Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. What is the calendar in the app and the bill reminders? You understand that we have engaged service providers to perform a number of services for you under these Account Terms, including, but not limited to, identity verification, compliance monitoring, risk mitigation, managing your transfer instructions and other related services. If you do not want this arbitration provision to apply to your Account, you may opt out by sending us written notice of your decision within ten (10) days of the opening of your Account. We may change these Account Terms, or any features of your Account, at any time. Bank services and access and use of your Account may be provided to you through the website and/or mobile phone application of our service provider, ActiveHours, Inc. dba Earnin (“Earnin,” and its website and mobile phone application, the “Earnin Platform”). We may also provide separate agreements to you that govern the terms of some services. The Account is a transaction account that allows you to make and receive certain transfers. O. 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